[Senate Report 109-229]
[From the U.S. Government Publishing Office]



109th Congress 
 2nd Session                     SENATE                          Report
                                                                109-229
_______________________________________________________________________
                                                       Calendar No. 389
 
 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2005

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2012



                                     

        DATE deg.April 4, 2006.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             second session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DEMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
             Christine Drager Kurth, Deputy Staff Director
                    Kenneth Nahigian, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
                                                       Calendar No. 389
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-229

======================================================================




 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2005

                                _______
                                

                 April 4, 2006.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2012]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the 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, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill joint resolution deg. (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 2012 is to reauthorize the Magnuson-Stevens 
Fishery and Conservation and Management Act (16 U.S.C. 1801 et 
seq.) (Magnuson-Stevens Act). In particular, S. 2012 would 
amend the Magnuson-Stevens Act to: (1) improve the regional 
fishery management council decision-making process, including 
strengthening the role science plays in management decisions, 
(2) provide consistency in the environmental review process, 
(3) establish national criteria for quota-based programs 
(limited access privilege programs), (4) strengthen fisheries 
enforcement, (5) improve the sustainability of fishing 
practices, and (6) strengthen compliance authorities for 
international fisheries management. S. 2012 would authorize 
appropriations of $328 million for fiscal year (FY) 2006 and 
such sums as necessary for FYs 2007 through 2012 to carry out 
the purposes of the Magnuson-Stevens Act. S. 2012 also contains 
provisions to combat illegal, unreported, and unregulated 
fishing and other unsustainable high seas fishing activities, 
and the bill would reauthorize and amend several other relevant 
fishery statutes, and it contains implementing legislation for 
two international fisheries treaties.

                          Background and Needs

  The exclusive ocean jurisdiction of the United States is 
larger than its combined land mass, and the fishery resources 
managed in this vast marine environment are an important 
national asset. At the end of 2004, our nation's commercial 
fisheries were valued at more than $31.6 billion, and saltwater 
recreational fishing generated an additional $30.5 billion in 
sales. In that year, the United States landed over 9.6 billion 
pounds of fish and shellfish. According to the United Nations 
Food and Agriculture Organization, Americans rank as the third 
largest consumer of seafood in the world. In 2004, the United 
States consumed 4.8 billion pounds of seafood, up to 16.6 
pounds per person annually, and generated $61.9 billion in 
consumer expenditures. While the U.S. is one of the world's 
largest seafood exporters ($3.7 billion in 2004), the nation 
imports over 80 percent of domestically consumed seafood. 
Currently, the largest offshore fishery in terms of volume 
landed is walleye pollock, with 3.4 billion pounds in 2004. By 
value, the leading U.S. fisheries in 2004 were: crab, at $447.9 
million; shrimp, at $425.6 million; lobster, at $344.1 million; 
and scallops, at $322.1 million.

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

  The enactment of the Fishery Conservation and Management Act 
of 1976 (P.L. 94-265) ushered in a new era of marine fishery 
management for the United States by establishing a national 
framework for conserving and managing marine fisheries within a 
200-mile wide zone contiguous to the United States. Authority 
to develop and recommend management measures in specific 
regions was divided among eight regional fishery management 
councils (Councils). The 1996 Sustainable Fisheries Act (SFA) 
(P.L. 104-297) substantially amended the legislation, which was 
renamed the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), to improve conservation 
and management, and assist fishing communities in adapting to 
the ensuing changes. The authorization of appropriations for 
SFA expired in 1999.
  The Councils established under the Magnuson-Stevens Act are 
the New England Council, Mid-Atlantic Council, South Atlantic 
Council, Caribbean Council, Gulf of Mexico Council, Pacific 
Council, North Pacific Council, and Western Pacific Council. 
Each Council is comprised of industry, recreational, 
governmental, and some non-affiliated representatives (e.g., 
scientists) and each has authority over the fisheries seaward 
of the States comprising the region for which it has 
responsibility. The voting members of each Council include the 
regional fisheries director of the National Oceanic and 
Atmospheric Administration (NOAA), the chief fishery official 
from each State, and between four and twelve individuals with 
fishery expertise. The primary responsibility of each Council 
is to develop fishery management plans (FMPs) for important 
fishery resources. Each plan must be consistent with the ten 
national standards established under the Magnuson-Stevens Act, 
including a requirement that the plan prevent overfishing. An 
environmental assessment or impact statement is prepared for 
every FMP, which is then subject to public hearings.
  The Secretary of Commerce (Secretary), through NOAA's 
National Marine Fisheries Service (NMFS), administers the 
Magnuson-Stevens Act and reviews, approves (or disapproves), 
and implements each FMP prepared by a Council. The Secretary 
must report annually on the health of marine fisheries and 
identify fisheries that either are overfished, or approaching 
an overfished condition. For fisheries identified as either 
overfished, or approaching an overfished condition, the 
appropriate Council is given one year to develop a plan to stop 
overfishing and rebuild the fishery, and the Secretary is 
required to intervene if either the Council fails to act or a 
Council-prepared plan is inconsistent with the national 
standards. While a rebuilding plan is being formulated, the 
Council and Secretary can impose interim or emergency 
restrictions to reduce overfishing. In addition, the Secretary 
is responsible for the development of plans for wide-ranging 
Atlantic fish species like tuna and swordfish, also known as 
``highly migratory species.'' Fisheries law enforcement is the 
joint responsibility of the Secretary and the Secretary of the 
department in which the Coast Guard is operating.

         RECOMMENDATIONS OF THE U.S. COMMISSION ON OCEAN POLICY

  The U.S. Commission on Ocean Policy (U.S. Ocean Commission), 
established pursuant to the Oceans Act of 2000 (P.L. 106-256), 
submitted its final report to Congress in September 2004. This 
comprehensive evaluation of U.S. ocean policy, the first in 
over 30 years, provided important recommendations for the 
reauthorization of the Magnuson-Stevens Act. While the 
Commission found that the existing Federal system for managing 
the nation's fisheries provided a solid foundation, it 
suggested a number of improvements. The following major 
recommendations of the Commission for the reauthorization of 
the Magnuson-Stevens Act were a catalyst for moving the 
legislation forward and were incorporated in S. 2012:
           Require the Councils to make management 
        decisions based on the findings of their scientific and 
        statistical committees (SSCs).
           Require nominees to the SSCs to be 
        individuals with strong technical credentials and 
        experience, selected from Federal, State, or academia.
           Require each Council to set harvest limits 
        at or below the allowable biological catch determined 
        by its SSC.
           Develop a process for independent peer 
        review of scientific information provided by the SSCs 
        to the Councils.
           Require all saltwater fishermen to obtain 
        licenses to better assess the impacts that recreational 
        fishing has on fisheries, and improve collection of 
        data.
           Require newly appointed Council members to 
        complete a training course within six months of their 
        appointment covering a variety of topics relevant to 
        preparing and better understanding fishery management.
           Affirm that fish managers can use dedicated 
        access privileges (e.g., limited access privilege 
        programs), including community quotas, cooperatives, 
        and geographically based programs.
           Provide national guidelines for dedicated 
        access privileges that allow for regional flexibility 
        in implementation and consider the biological, social, 
        and economic goals of the plan; provide for periodic 
        review; include measures to prevent excessive share 
        consolidation; and be adopted only after adequate 
        public discussion and consultation with all affected 
        stakeholders.
           Take steps to reduce the overcapitalization 
        of fisheries.
           Expand NMFS' use of joint enforcement 
        agreements to implement cooperative fisheries 
        enforcement programs with State agencies.
           Move the management of fisheries towards an 
        ecosystem approach, considering the health of non-
        commercial resources, and non-fishing impacts on fish 
        stocks, such as pollution.
           Pursue, enforce, and implement international 
        fishing agreements.
           Continue to press for inclusion of 
        environmental objectives as legitimate elements of 
        trade policy, which can play an important role in 
        marine conservation.
  Many of these recommendations were supported by the 
Department of Commerce, which either began implementation or 
included them in its proposed reauthorization legislation. Even 
where the recommendations could be achieved under existing 
Magnuson-Stevens Act authority, such as ecosystem 
considerations and joint enforcement agreements, the Committee 
has included language in S. 2012 to signal its support for 
their continued implementation. Explanations of these 
provisions appear below and in the section-by-section 
description of the bill.

                          OTHER AUTHORIZATIONS

                 ATLANTIC STRIPED BASS CONSERVATION ACT

  Congress passed the Atlantic Striped Bass Conservation Act 
(P.L. 98-613) in 1984 in response to the critical decline of 
Atlantic striped bass, an important commercial and recreational 
species in the northeast. It granted oversight authority to the 
Atlantic States Marine Fisheries Commission (ASMFC) and 
required the Secretary of Commerce to institute a moratorium on 
striped bass fishing in any State that failed to comply with 
the ASMFC's plan for striped bass. The Atlantic Striped Bass 
Conservation Act has been amended several times, clarifying 
management and enforcement authorities and reauthorizing 
appropriations. Appropriations have been divided between the 
Secretaries of Commerce and Interior who share responsibility 
for oversight of the ASMFC's striped bass management. S. 2012 
would further reauthorize appropriations of $1 million to the 
Secretary of Commerce and $250,000 to the Secretary of the 
Interior for each of FYs 2006 through 2010.

                     YUKON RIVER SALMON ACT OF 2000

  The Yukon River Salmon Act of 2000 (P.L. 106-450) amended 
language in the Fisheries Act of 1995 (P.L. 104-43) that 
created the U.S. section of the Yukon River Salmon Panel. The 
panel advises the Secretary of State in matters relating to 
international management of the salmon population in the Yukon 
River, which has its source in Canada, transverses Alaska, and 
empties into the Bering Strait. The Yukon River Salmon Act also 
authorized $4 million in appropriations for each of FYs 2000 
through 2003. S. 2012 would extend the current authorizations 
of appropriations through 2010.

                     SHARK FINNING PROHIBITION ACT

  In 2000, Congress passed the Shark Finning Prohibition Act 
(P.L. 106-557) in an attempt to curtail the practice of shark 
finning in U.S. fisheries. Shark finning involves catching a 
shark, removing the fins, and discarding the carcass at sea. 
The Shark Finning Prohibition Act also prohibits processing or 
landing a shark fin without the corresponding carcass. It 
further requires the Secretary to initiate discussions and 
agreements with other nations to expand shark finning 
prohibition efforts in order to ensure protection for highly 
migratory shark species. S. 2012 would reinstate and extend the 
authorization of this Act from FYs 2006 through 2010.

                       PACIFIC SALMON TREATY ACT

  In an effort to improve cooperation in the management and 
enhancement of transboundary Pacific salmon stocks, the U.S. 
and Canada signed the Pacific Salmon Treaty (Treaty) in 1985. 
The same year, Congress passed the Pacific Salmon Treaty Act 
(PSTA) (P.L. 99-5) to: (1) establish the U.S. delegation to the 
Pacific Salmon Commission as directed by the Treaty and (2) 
clarify matters of jurisdiction, enforcement, adoption of 
regulations, and authorization of appropriations under the 
Treaty. Subsequent appropriations have been divided between the 
Northern Boundary and Transboundary Rivers Restoration and 
Enhancement Fund (Northern Fund) and the Southern Boundary 
Restoration and Enhancement Fund (Southern Fund). S. 2012 would 
insert language authorizing the Northern and Southern Funds and 
provide guidelines for fund administration, and it would make a 
technical correction clarifying the proper location of previous 
appropriations language. S. 2012 also would reauthorize the 
PSTA from 2006 through 2009.

         STATE AUTHORITY FOR DUNGENESS CRAB FISHERY MANAGEMENT

  In 1996 the SFA granted the States of California, Oregon, and 
Washington interim authority through September 30, 1999, to 
manage the Dungeness crab fishery out to the 200-mile limit of 
the exclusive economic zone (EEZ) until a Federal plan 
developed by the Pacific Council is approved by the Secretary. 
The SFA also required the Pacific States Marine Fisheries 
Commission (PSMFC) to submit a report to Congress detailing the 
``health and management'' of the fishery. In 1997, the PSFMC 
recommended to Congress that the States' interim authority be 
continued until Federal management offered better management 
options with no time limit. The PSMFC concurred in 1998 and 
Congress responded by extending the sunset clause on States' 
authority through September 30, 2001, and again through 
September 30, 2006. In 2005, the Council reaffirmed its 
position that State management is adequate, the PSMFC role in 
facilitating the tri-State effort is working well, management 
measures are preventing overfishing, and that the status quo be 
retained for the time being. The PSMFC requested a ten-year 
extension. S. 2012 would respond by making two changes to this 
existing legislation: (1) extend the States' interim authority 
through September 30, 2016 and (2) change the description of 
the report to be issued by the PSFMC to ``status and 
management'' of the fishery, and specify additional criteria to 
be included in that report. Such criteria shall include 
descriptions of stock status and trends, a description of the 
research and reviews used to determine such trends, and 
measures being implemented to prevent over-exploitation of the 
Dungeness crab fishery.

                         Summary of Provisions

  S. 2012 includes provisions to improve the effectiveness of 
the Magnuson-Stevens Act and strengthen fishery conservation 
and management both domestically and internationally. Some of 
the more substantive changes contained in S. 2012 include: (1) 
a new requirement for Councils to establish an annual catch 
limit capped at optimal yield (OY) for each of its managed 
fisheries, and to ensure any overages are deducted from the 
following year's annual limit, (2) a provision to strengthen 
the process for SSCs to provide scientific advice to Councils, 
(3) the development of a environmental review process that 
integrates and conforms the environmental impact assessment 
requirements of both the Magnuson-Stevens Act and the National 
Environmental Policy Act (NEPA) into one consistent and 
predictable review process for fishery management, (4) national 
criteria for quota programs (known as ``limited access 
privilege programs''), including quota programs for fishing 
communities and RFAs, (5) a program to develop and engineer new 
technological devices to reduce bycatch and mortality 
associated with bycatch, (6) incentives for increased U.S. 
ownership of shoreside fishery-related infrastructure, and (7) 
strengthened controls on illegal, unreported, and unregulated 
fishing that also would require other nations to provide 
comparable protections to populations of living marine 
resources at risk from high seas fishing activities.
  Several provisions in S. 2012 received considerable attention 
and generated important discussion over the last year and merit 
additional comment below.

                  OVERFISHING AND ANNUAL CATCH LIMITS

  The SFA established new requirements in the Magnuson-Stevens 
Act designed to prevent overfishing and rebuild overfished or 
depleted fisheries. The SFA attempted to address overfishing by 
capping fish harvests at maximum sustainable yield (MSY) and 
requiring FMPs to include measures to rebuild overfished 
stocks. However, recent evaluations of stock status have shown 
that ten years after enactment of the SFA, overfishing is still 
occurring in a number of fisheries, even those fisheries under 
a rebuilding plan established early in the SFA implementation 
process.
  Establishing a scientifically-based total allowable catch 
(TAC) for each managed fishery was a unanimous recommendation 
from all of the Council chairs, a recommendation of the 
Managing Our Nation's Fisheries Conference II final report, and 
a recommendation of the U.S. Ocean Commission. Requiring 
routine adherence to an annual catch limit or TAC is a well-
known management approach that has been utilized effectively by 
several Councils, but failure to adopt this technique more 
broadly has contributed to continued overfishing. Many 
commercial and recreational fisheries do not use TACs, opting 
instead to use effort controls that allow catch to be spread 
out among a variety of vessel sizes and gear types. TACs, when 
coupled with sector-based management, can end the race for fish 
and prevent impacts on communities and specific gear types 
while providing a more efficient method of adhering to 
mortality limits. Nevertheless, some regions argued that with 
proper accountability safeguards, effort controls could achieve 
the same results with less disruption to the fishery. However, 
the Committee concluded that explicit direction is needed to 
ensure accountability in all regions. After numerous meetings 
and discussions with the Councils, industry, and conservation 
groups, the Committee determined that, to ensure compliance 
with the 1996 amendments, S. 2012 needed to require that: (1) 
scientifically established annual catch limits be set and 
adhered to in each managed fishery, and (2) any catch in excess 
of that limit (overages) should be deducted from the following 
year's catch limit through appropriate management measures.
  As a result, section 104 of the bill would require each FMP 
to contain a mechanism to establish an annual catch limit at or 
below OY, which the Magnuson-Stevens Act defines as being 
capped at MSY. In addition, the section would require that any 
overages be deducted from the following year's catch and such a 
deduction may employ the types of control measures used in that 
fishery, which could include TACs or effort controls. Section 
103(b) would require the SSCs to provide recommendations for 
the Council to consider in establishing the annual catch 
limits. The Committee intends that these annual catch limits, 
taken with the existing overfishing and rebuilding authorities, 
will ensure full compliance with the Magnuson-Stevens Act, 
thereby producing better data collection on the abundance of 
the stocks and eventually providing real time catch figures--
information that will help achieve greater accountability in 
fishery management. The intent of this provision is not only to 
prevent overfishing from occurring, but also to drive 
improvements in fishery data collection and research to develop 
a more precise assessment of the amount of fish that can be 
caught without exceeding OY. Such improvements are likely to 
increase the reliability of management measures to keep 
mortality within sustainable levels. A two-year phase-in of the 
annual catch limit requirement is provided to allow adequate 
transition time for fisheries not currently managed under catch 
limits and to allow for adjustments as new plans and amendments 
are developed by each Council.

           INCREASING THE ROLE OF SCIENCE IN DECISION-MAKING

  The bill's catch limit provision works in concert with a 
number of provisions in the bill that respond to calls for 
strengthening the role of science in Council decision-making. 
First, section 103 of the bill specifies that the role of the 
SSCs would be to provide their Councils with the ongoing 
scientific advice they require in order to make management 
decisions, including development of mortality limits. Such a 
role is intended to ensure closer integration of scientific 
advice into management decisions nationwide. The SSCs also are 
expected to advise the Councils on a variety of other issues, 
including stock status and health, bycatch, habitat status, and 
socio-economic impacts. The bill would require that SSC 
appointees be Federal, State, academic, or independent experts 
with strong scientific or technical credentials and experience, 
and it would allow for stipends for SSC members not employed by 
a government agency. Second, as noted above, section 104 of the 
bill would mandate the annual catch limit be set at or below 
the OY of the fishery, based on the best available scientific 
information, and section 103 would direct the Councils to 
consult with its SSCs, or other appropriate scientific body, in 
setting such catch limits. Finally, sections 201 and 204 
contain provisions intended to improve scientific and economic 
data collection in both commercial and recreational fisheries, 
including through cooperative research.

                        COUNCIL PROCESS REFORMS

  The bill includes provisions based on both the Department of 
Commerce bill and expert reports that respond to calls for 
improving the efficiency, integrity, and expertise of the 
Council process. Section 103 of the bill would establish a 
Council training program open to both new and existing Council 
members designed to prepare members for complying with the 
legal, scientific, economic, and conflict of interest 
requirements applicable to the fishery management process. The 
bill also strengthens and clarifies the Magnuson-Stevens Act's 
conflict of interest and recusal requirements to ensure that 
all potential financial conflicts of interest are disclosed and 
made easily accessible for public review.
  Sections 103 and 107 of the bill incorporate provisions 
designed to improve the speed and uniformity of decision-
making. Section 103 would authorize the establishment of a 
Coordinating Committee comprised of Council chairs, vice 
chairs, and executive directors as a forum to discuss issues 
relevant to all Councils. In addition, section 107 would direct 
the Secretary, with public participation and in consultation 
with the Council on Environmental Quality (CEQ) and the 
Councils, to develop one uniform, fishery management-specific 
environmental review process that conforms the National 
Environmental Policy Act (NEPA) review, analysis, and public 
input schedules to the timelines appropriate for fishery 
management decisions under the Magnuson-Stevens Act. The intent 
is not to exempt the Magnuson-Stevens Act from NEPA or any of 
its substantive environmental protections, including those in 
existing regulation, but to establish one consistent, timely, 
and predictable regulatory process for fishery management 
decisions. The Committee understands that it is not uncommon 
for Councils and NMFS to spend several years developing and 
reviewing NEPA analyses for FMPs. The Committee intends section 
107 to streamline this environmental review process in the 
context of fishery management.

       NATIONAL GUIDELINES FOR LIMITED ACCESS PRIVILEGE PROGRAMS

  Section 106 of the bill would establish national guidelines 
for limited access privilege programs (LAPPs) for the 
harvesting of fish. These include individual fishing quotas 
(IFQs), but are expanded to allow allocation of harvesting 
privileges to fishing communities and creation of voluntary 
regional fishery associations (RFAs), in order to ensure 
inclusion of small vessel or entry-level participants, 
communities, and affected non-harvesters, such as processors, 
in any plan to rationalize a fishery. Only fisheries that have 
been operating under a limited access system for at least one 
year would be eligible for consideration for a LAPP. As for any 
FMP, LAPPs would be developed by Councils under national 
criteria, and subject to Secretarial approval, an approach that 
balances the benefits of regional flexibility with the need for 
a national policy. The bill would provide for a five-year 
administrative review of each program's compliance with the 
goals of the program and the Magnuson-Stevens Act.
  The Committee incorporated criteria in S. 2012 that would 
allow Councils to balance many of the concerns fishermen, crew, 
communities, conservation groups, and other interests have had 
over the potential impacts of quota or rationalization 
programs. Many of these issues were highlighted in the 1999 
report of the National Research Council, as well as in 
subsequent Committee hearings and expert reports, such as the 
report of the U.S. Ocean Commission. These include requirements 
regarding eligibility to hold shares, fairness in initial 
allocation, excessive share caps, consideration of the needs of 
entry-level and small-vessel fishermen, maintaining the 
participation of owner-operated fishing vessels, consideration 
of crew, prevention of consolidation, and the need to establish 
policies on transferability, auctions, and cost recovery.
  The bill would address concerns raised by harvesters, 
processors, crew, communities, and related businesses about 
impacts of harvester quota programs in a region or community, 
including quota consolidation or transfer out of the region, by 
allowing them to participate in RFAs. Coastal communities 
dependent on fishery resources crossing their docks and the 
associated taxes and jobs from related shoreside businesses, 
have raised concerns that quota programs reward the ``actual 
participants'' but ignore the community and next-generation 
fishermen who were not part of the initial allocation and could 
be forever priced out of the fishery. RFAs are intended to 
mitigate such impacts by providing a means of designation or 
``linking'' harvesting LAPPs to a region or a community, which 
will ensure continued participation of harvesters, processors, 
and other community interests dependent on the fishery. 
Processors would be eligible to hold LAPPs to harvest fish to 
the same extent as permitted under current law, as determined 
in the Council allocation process. The bill also would provide 
communities with the opportunity to be issued and hold LAPP 
quota.

                    IMPROVING FISHERIES ENFORCEMENT

  In response to recommendations by both the U.S. Ocean 
Commission and the Department of Commerce, the bill contains 
provisions to strengthen enforcement authorities and increase 
penalties for violations, consistent with authorities provided 
under other legislation. In addition, the bill would authorize 
the establishment of joint enforcement agreements under which 
the Secretary would deputize and provide Federal funding for 
State law enforcement officials to carry out any of the 
Secretary's marine law enforcement responsibilities, including 
those contained within the Magnuson-Stevens Act.

             IMPROVING SUSTAINABILITY OF FISHING PRACTICES

  While there has been progress in reducing overfishing after 
enactment of the SFA, bycatch reduction remains an important 
goal of the Magnuson-Stevens Act and one that could benefit 
from greater gear engineering research and deployment. Section 
117 of the bill would establish a bycatch reduction engineering 
program dedicated to the development of technologies and 
methods to improve the ability of fishery participants to 
reduce bycatch and associated mortality. Such technologies 
should be developed in collaboration with outside experts as 
well as industry participants. The provision includes an 
outreach mandate to facilitate use of new technologies, and 
also encourages the adoption of bycatch reduction incentives in 
FMPs, such as bycatch quotas.
  In addition, the bill would make changes to address 
overcapacity in certain fisheries, which can also contribute to 
unsustainable practices. Federal funding for capacity reduction 
has declined in recent years, but voluntary capacity reduction 
programs can be financed by a long-term Federal loan that may 
be reimbursed by landing fees paid by those remaining in the 
fishery. Section 113 would establish streamlined procedures for 
such voluntary capacity reduction programs, as agreed to by 
industry participants, under framework regulations. The bill 
would retain all aspects of existing section 312(b) regarding 
requirements that any vessel removed through the program must 
either be scrapped or prohibited from fishing; and the program 
ensures that no new capacity be allowed to re-enter the 
fishery. Section 209 of the bill would amend existing loan 
programs and construction accounts to assist in these 
transitions.
  In response to the recent series of fishery disasters around 
the country, from hurricanes Katrina and Rita to losses from 
harmful algal blooms, section 114 of the bill also would 
establish an authority for a multi-State or catastrophic 
fishery disaster program. The program would link disaster 
assistance under current section 312(a) and the capacity 
reduction standards of section 312(b) with an economic fishery 
recovery plan that also would consider shoreside and coastal 
restoration needs. Such a plan would be developed in 
coordination with the affected States and implemented by the 
Secretary.

             ECOSYSTEM CONSIDERATIONS IN FISHERY MANAGEMENT

  The U.S. Ocean Commission recommended that ecosystem 
considerations guide management of all marine resources, 
including fisheries. A number of the Councils have already 
demonstrated progress in implementing ecosystem approaches to 
fisheries management using existing Magnuson-Stevens Act 
authorities. In recognition of these achievements, and to 
clarify existing statutory authority to incorporate ecosystem 
considerations in FMPs, section 105 includes a provision that 
would expressly authorize FMPs to contain management measures 
for the conservation of non-target species and habitat. This 
approach should involve multiple and diverse stakeholders in 
the decision-making process and should be pursued and improved 
through an iterative process in which Councils will learn from 
both successes and failures.
  Continued progress in this area will require improved 
scientific understanding of ecological processes in each 
fishery management region, as well as better coordination among 
State and Federal agencies responsible for marine resource 
science and management, academic and research institutions, 
fishery participants, and other interested and knowledgeable 
entities. Section 210 of the bill therefore would direct the 
Secretary to undertake a study based on the recommendations of 
the Ecosystem Principles Advisory Panel established under the 
SFA. The study is to report on the state of the science for 
advancing the concepts and integration of ecosystems 
considerations in regional fishery management and should 
provide a roadmap to Councils for increasing the sophistication 
and integration of ecosystem considerations in fishery 
management.

                     DESIGNATION OF DEEP SEA CORALS

  Scientists and managers have recently begun to gain an 
appreciation for the important role that deep, cold water, 
coral communities play in regional ecosystems. In recognition 
of deep sea coral communities' intrinsic value, section 105 of 
the bill would authorize Councils to restrict the use of 
destructive gear types within known areas of deep sea coral 
habitat. This provision is meant to promote a proactive 
approach by the Councils towards the protection of deep sea 
corals that also will focus on preventing gear loss and damage. 
Section 105 of the bill would authorize discretionary measures 
to mitigate effects of certain destructive fishing practices on 
deep sea coral habitats in their FMPs, but the measures do not 
need to be linked to a determination that the corals comprise 
essential fish habitat for the relevant fishery. In addition, 
the language for designating deep sea corals in Section 105 
would allow for the consideration of sustainable uses of 
fishery resources in such areas before restrictions on fishing 
and access are put in place.
  Section 211 of the bill would provide a complementary deep 
sea coral research and technology program to the coral 
protection provision included in Section 105. The research and 
technology program is meant to conduct basic research, and 
provide Councils with information on the location of deep sea 
coral habitat and on any ongoing or planned human activity that 
could affect such habitat.

    STRENGTHENING U.S. LEADERSHIP IN INTERNATIONAL CONSERVATION AND 
                               MANAGEMENT

  The U.S. regulatory regime for fisheries management is widely 
regarded as one of the most stringent in the world. Sections 
401 through 403 contain provisions designed to strengthen the 
ability of international fishery management organizations, and 
the United States, to ensure appropriate enforcement and 
compliance with conservation and management measures in high 
seas fisheries. As the Committee heard at a hearing in 2003, 
illegal, unreported, and unregulated (IUU) fishing, expanding 
fleets, and high bycatch levels, are threats to sustainable 
fisheries worldwide. There are few effective tools in place to 
ensure international and regional management organizations can 
end these practices. These trends have continued under existing 
law.
  S. 2012 would create a new section 207 of the Magnuson-
Stevens Act that would establish an international compliance 
and monitoring program, and contains provisions to help reduce 
IUU fishing, promote international cooperation, and strengthen 
the ability of regional fishery management organizations to 
combat IUU fishing and other harmful fishing practices. The 
bill would direct the Secretary to define IUU fishing but, to 
ensure the provision covers enforcement gaps identified by the 
Committee, it would specify that the definition must include 
violations of quotas or other rules established under a 
regional or international agreement, as well as overfishing or 
use of certain damaging gear in high seas areas where there is 
no international or regional conservation and management 
regime.
  In the case where regional or international fishery 
management organizations or the nation in question are unable 
to stop IUU fishing, the bill would allow for the use of 
measures authorized under the High Seas Driftnet Fisheries 
Enforcement Act (P.L. 102-582) to enforce compliance, but to 
ensure fairness puts in place procedures to end such measures 
on a national or vessel-specific basis if IUU fishing ceases. 
The bill would provide a parallel mechanism to encourage use of 
new bycatch reduction methods comparable to methods used by 
U.S. fishermen in high seas fisheries, for protection of 
certain vulnerable species of concern to the United States, 
such as endangered sea turtles. The Secretary and the Secretary 
of State are would be encouraged to provide assistance to 
nations or organizations in development and adoption of such 
gear and appropriate fish harvesting plans.
  The bill also contains implementing legislation for two 
treaties that have received the advice and consent of the 
Senate: (1) the Western and Central Pacific Fisheries 
Convention--a treaty to establish the first regional management 
regime for highly migratory species in the Central and Western 
Pacific, and (2) the Pacific Whiting Treaty, to establish an 
international scientific and management regime for Pacific 
whiting.

                                FUNDING

  The bill would authorize $328 million for the implementation 
of activities under the Magnuson-Stevens Act, as revised, in FY 
2006, which is the authorization level the Department of 
Commerce recommended in its Magnuson-Stevens reauthorization 
proposal. Funds required for full implementation of S. 2012 are 
not yet known, and thus the bill would authorize such sums as 
are necessary for FYs 2007 through 2012. In FY 2005, Congress 
provided NOAA with $311 million for Magnuson-Stevens related 
activities, and many expert groups have identified the need for 
increased funds to address emerging science and management 
needs under current Magnuson-Stevens Act requirements.
  For example, the U.S. Ocean Commission estimated annual 
additional costs for fisheries management over existing levels 
at approximately $90 million. None of these amounts include 
estimates for capacity reduction, disaster funding or 
international measures included in S.2012. NMFS has estimated 
that capacity reduction needs in five major U.S. fisheries 
alone may total $1 billion. The importance of taking a 
realistic look at budget needs was underscored in a 2002 report 
by the National Academy of Public Administration, Courts, 
Congress, and Constituencies: Managing Fisheries by Default, 
which chronicled the science and management impacts of under-
funding the requirements of the 1996 amendments, and made 
recommendations for budget and planning changes at NMFS. It 
also noted that correct agency budgets could not support a 
sustained ecosystem-based management system, which could 
require as much as $340 million more than FY 2000 levels.
  In order to address the growing need for additional funding 
for fisheries technology, science, and related information, the 
bill includes a provision that would establish a new Fisheries 
Conservation and Management Fund. This fund is intended to 
respond to the recommendation by the U.S. Ocean Commission for 
dedicated funding for ocean-related needs, but establishes a 
fishery management-specific fund, patterned on the Wallop-
Breaux Trust Fund ``user pays, user benefits'' model. Section 
208 would provide that allocations from the fund would be 
determined in consultation with the Councils, and would be for 
specific activities not funded under current law, including 
technology upgrades, cooperative research, gear buybacks and 
development, and sustainable seafood marketing and handling 
activities. Money to be deposited in the fund would include any 
quota set-asides designated by a Council, targeted 
appropriations, and donated funds.

                          Legislative History

  The Magnuson-Stevens Act was last reauthorized in 1996 
(Public Law 104-297) providing authorization of appropriations 
through FY 1999. The Committee has held numerous hearings on 
the reauthorization of the Magnuson-Stevens Act since its 
authorization expired. The provisions contained in S. 2012 
reflect some of those earlier discussions. In addition, 
Chairman Stevens and Co-Chairman Inouye held several listening 
sessions with a variety of constituents during 2005 to provide 
Committee members and staff an informal forum for open dialogue 
on the many complex, and sometimes divisive, issues facing this 
process.
  On February 17, 2005, a listening session for Committee 
members and staff was held with the Chairmen and Executive 
Directors of all eight Councils, focusing on issues such as 
reconciling the similar requirements of NEPA and the Magnuson-
Stevens Act in development of FMPs, and ongoing Council work on 
ecosystem-based fishery management. A listening session held 
with national environmental groups on April 12, 2005, provided 
an important discussion on Council reforms, the need to end 
overfishing and rebuild stocks, and the growing problem of 
illegal, unreported and unregulated fishing on the high seas. 
On May 19, 2005, commercial fishing industry groups provided 
recommendations at a listening session that focused on 
standards for quota programs that allow for sustained 
participation of coastal communities in the fishery and the 
ability for the fishing industry to grow in the global seafood 
market.
  On August 4, 2005, the Chairman and Co-Chairman released a 
discussion draft of S. 2012 for comment. This draft was based 
on the Department of Commerce's reauthorization proposal, 
listening sessions, and the recommendations contained in the 
following expert reports and documents: the Reports of the U.S. 
Commission on Ocean Policy and Pew Ocean Commission, consensus 
positions of the Council chairs, the Managing Our Fisheries II 
Conference Report (2004), and Sharing The Fish: Toward a 
National Policy on Individual Fishing Quotas (National Research 
Council, 1999). Numerous groups provided specific expertise for 
the development of the bill, including the Department of 
Commerce, the Councils, State fishery managers, industry 
(fishermen, processors, and suppliers), environmental groups, 
sportsmen and recreational groups, and members of the U.S. 
Commission on Ocean Policy.
  During the month of August, Committee staff met with all 
sectors of the fishing industry, States, conservation and other 
interest groups, concerned individuals, the Department of 
Commerce, and Members' staff to discuss any potential questions 
or issues with the draft bill or recommendations on its 
improvement. Over 700 comments were received, read, 
categorized, and evaluated by Committee staff for consideration 
by Senators Stevens and Inouye for inclusion in the introduced 
bill.
  S. 2012 was introduced in the Senate on November 15, 2005, by 
Senators Stevens and Inouye and was cosponsored at that time by 
Senators Snowe, Cantwell, Vitter, and Boxer. The bill was 
referred to the Senate Committee on Commerce, Science, and 
Transportation. On November 16, 2005, the Committee held a full 
Committee hearing on S. 2012, which received broad support from 
Committee members, with eleven cosponsors representing all the 
coastal regions of the United States. On December 15, 2005, the 
Committee considered the bill in an open Executive Session. 
Senator Stevens offered a substitute amendment to S. 2012 at 
the Executive Session, it was agreed to by voice vote without 
objection, and the Committee ordered S. 2012 reported subject 
to amendment. No other amendments were offered.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  In compliance with subsection (b)(2) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraph (1) of that subsection in order 
to expedite the business of the Senate. deg.
  Because S. ------ does not create any new programs, 
the legislation will have no additional regulatory impact, and 
will result in no additional reporting requirements. The 
legislation will have no further effect on the number or types 
of individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and 
businesses. deg.
  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2012 as reported by the Committee would authorize 
appropriations for the Magnuson-Stevens Fishery Conservation 
and Management Act. The bill would have impacts on fishery 
regulations in Federal waters.

                            ECONOMIC IMPACT

  The bill, as reported, provides authorization of 
appropriations of $328 million for the Secretary of Commerce 
for FY 2007, and such sums as may be necessary for FYs 2007 
through 2012 to carry out the provisions of the Magnuson-
Stevens Act.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens. Council members would have 
an increased financial disclosure requirement.

                               PAPERWORK

  The reported bill may increase paperwork requirements for the 
private sector engaged in the commercial fishing industry or 
recreational fishing, including charter fishing business 
operations. Members of the Councils would be required to 
complete a member training course to prepare and better 
understand fishery management.

                      Section-by-Section Analysis

Section 1. Short title and table of contents.
  This section sets forth the short title of the bill, the 
``Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2005,'' and the table of contents of the 
bill.
Section 2. Amendment of Magnuson-Stevens Fishery Conservation and 
        Management Act.
  This section provides that any amendments or repeals set 
forth in the bill are to the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act, 16 
U.S.C. 1801 et seq.), unless otherwise indicated.
Section 3. Changes in findings and definitions.
  This section would make a number changes to the findings and 
definitions set forth in sections 2 and 3 of the Magnuson-
Stevens Act respectively. The section also would make technical 
and conforming changes to reflect the use of the term ``limited 
access privilege'' in place of ``individual fishing quota'' in 
various sections of the Magnuson-Stevens Act, as revised by the 
draft.
  In addition, the section would insert a new finding in 
section 2(a) of the Magnuson-Stevens Act, acknowledging that a 
number of Councils have demonstrated progress in integrating 
ecosystem considerations in fisheries management under existing 
authorities in the Magnuson-Stevens Act.
  This section also would make the following changes to 
definitions in section 3 of the Magnuson-Stevens Act:
           Defines the term ``confidential 
        information'' to mean any information submitted to the 
        Secretary that could cause competitive harm if 
        disclosed.
           Defines the term ``regional fishery 
        association'' (RFA) as an association formed for mutual 
        benefit of members for social or economic benefit in a 
        region or subregion, and, is comprised of persons 
        engaged in fish harvesting or processing in that region 
        or subregion or who own or operate businesses 
        substantially dependent on a fishery.
           Defines the term ``import'' as it applies to 
        fisheries products or goods and specifies that the 
        definition does not apply to fish caught within the 
        U.S. EEZ or by a U.S. vessel.
           Defines the term ``limited access 
        privilege'' as a permit issued for the harvesting in a 
        limited access system authorized under section 107 of 
        the bill. The definition mirrors the existing 
        definition of individual fishing quota, but does not 
        include language from that definition specifying that 
        the quantity of fish involved must be expressed as a 
        percentage of the allowable catch, which is intended to 
        indicate that quantities may be expressed by volume 
        alone. The provision specifies that IFQs are included 
        in the definition but that community development quotas 
        (CDQs) are not.
           Defines the term ``observer information'' to 
        cover the broad range of information that may be 
        collected by a fishery observer, electronic monitoring 
        system, or as part of a cooperative research program.
Section 4. Highly migratory species.
  This section would amend section 102 of the Magnuson-Stevens 
Act to ensure that any Council or Secretarial action pursuant 
to an international fishery agreement must reflect the 
traditional level of U.S. participation in the fishery, 
relative to other nations. This change is intended to ensure 
fair treatment of U.S. fishermen in both negotiation of 
international measures and in development of domestic 
management measures to achieve internationally-agreed 
conservation and management goals. It is particularly focused 
on initiating high-level international discussions in the 
interest of avoiding the imposition of management measures 
solely on U.S. vessels when foreign vessels participating in 
the same fishery are not required to meet similar requirements. 
Amended subsection 102(c) would require the Secretary to 
promote provisions of the Magnuson-Stevens Act relating to the 
rebuilding of a stock that is, or is approaching, being 
overfished if an international fishery organization does not 
have a process for developing a formal plan.
Section 5. Total allowable level of foreign fishing.
  This section contains technical amendments to section 201(d) 
of the Magnuson-Stevens Act to clarify that allocations of the 
total allowable level of foreign fishing (TALFF) would be 
discretionary and that any TALFF allocation would be set at 
zero for fisheries with adequate or excess capacity. This 
provision is intended to ensure that Councils not be required 
to declare TALFF when harvesting levels are below MSY in order 
to safeguard the stock or associated stocks from excessive 
fishing effort.
Section 6. Western Pacific Sustainable Fisheries Fund
  This section would amend section 204(e) of the Magnuson-
Stevens Act, which governs the establishment of Pacific Insular 
Area fishing agreements with foreign nations. The amendment 
would allow funds or contributions given to support a marine 
conservation plan in a Pacific insular area to be deposited in 
the Western Pacific Sustainable Fisheries Fund. Currently, the 
fund can only receive money through foreign fishing agreements 
that allow fishing in the EEZ around the Pacific remote island 
areas. Presently, there are no such foreign fishing agreements, 
creating a shortage of funds.
  Subsection 204(e)(8) currently mandates all fines and 
penalties imposed under the Magnuson-Stevens Act in the EEZ 
adjacent to American Samoa, Guam, and the Northern Marianna 
Islands, minus enforcement costs, to be deposited in the 
treasury of the relevant Pacific insular area. The amendment 
would remove the requirement to subtract enforcement costs from 
these funds and also require that such funds collected in the 
EEZ adjacent to Midway Atoll, Johnston Atoll, Kingman Reef, 
Palmyra Atoll, Jarvis, Howland, and Wake Islands be deposited 
in the Western Pacific Sustainable Fisheries Fund.
Section 7. Authorization of appropriations.
  This section would authorize appropriations for activities 
under the Magnuson-Stevens Act, as amended, for $328 million in 
FY 2006, and such sums as necessary for FY 2007 through 2012.

                  TITLE I--CONSERVATION AND MANAGEMENT

Section 101. Cumulative impacts.
  Under National Standard 8, section 301(a)(8) of the Magnuson-
Stevens Act, management measures must take into account the 
importance of fishery resources to fishing communities. This 
section would amend National Standard 8 to require the 
evaluation to utilize the best data and methodology available. 
This clarifies that the Committee intends that the ``best 
scientific information available'' requirement of National 
Standard 2 should extend to economic and social information 
evaluated under National Standard 8. This requirement is not 
limited to evaluation of economic and social impacts under 
National Standard 8, but would apply to all such evaluations 
under the Magnuson-Stevens Act. The provision also would amend 
section 303(a)(9) to require the cumulative economic and social 
impacts of conservation and management measures be included in 
any fishery impact assessment submitted as part of a FMP.
Section 102. Caribbean Council jurisdiction.
  This section would amend section 302(a)(1)(D) of the 
Magnuson-Stevens Act to clarify that the jurisdictional 
boundaries of the Caribbean Fishery Management Council include 
the U.S. waters surrounding all U.S. territories in the 
Caribbean Sea. Current law provides the Council jurisdiction 
over the fisheries seaward of the Virgin Islands and Puerto 
Rico, which are both defined under the Magnuson-Stevens Act as 
``States.'' This provision, which was proposed by the 
Department of Commerce, extends the Council's jurisdiction to 
the areas seaward of other territories and possessions in the 
Caribbean. This will enable the Council to address the 
conservation of coral reefs, reef fish, queen conch, and spiny 
lobsters in areas not presently under its jurisdiction.
Section 103. Regional Fishery Management Councils.
  This section would make a number of changes to section 302 of 
the Magnuson-Stevens Act, which defines and authorizes the 
activities of the Councils. Under this broad heading, the bill 
includes provisions covering the following topics:
  Tribal Alternate on Pacific Council.--Subsection 103(a) of 
the bill amends section 302(b)(5), which establishes the voting 
membership of the Councils. The amendment would allow the 
tribal representative on the Pacific Council to appoint an 
alternate during the period of the representative's term. Such 
an alternate is required to be knowledgeable concerning tribal 
rights and law, as well as the fishery resources of the 
geographical area concerned.
  Scientific and Statistical Committees (SSCs).--Subsection 
103(b) of the bill amends section 302(g) to more fully set 
forth the role of the SSCs in the Council process. This 
subsection responds to recommendations to increase the role of 
science Council decision- making. The amendment adds new 
sections 302(g)(1)(B)-(E), and reclassifies the existing text 
of section 302(g)(1) into subsection (1)(A) with modifications.
  Subsection 302(g)(1)(A), as amended, would expand the role of 
the SSCs to include responsibility for peer review of 
scientific and socio-economic information relevant to Council 
development and amendment of any FMP.
  In addition, new subsection 302(g)(1)(B) would direct each 
SSC to provide its Council with ongoing scientific advice for 
fishery management decisions. The Committee intends that the 
addition of the term ``ongoing'' will ensure that all Councils 
routinely utilize and consult with their SSCs in the 
development of management measures. Currently, some SSCs are 
integrally involved in the development and review of management 
measures, meeting concurrently or on a similar schedule as the 
Council. Others provide scientific information only when asked 
by a Council, which may be limited to one or two times per 
year. The intent of this provision is to ensure that each 
Council utilizes its SSC meaningfully throughout the management 
process. The provision also specifies that the types of advice 
to be provided by SSCs would include recommendations for 
acceptable biological catch or MSY, as well as reports on 
socio-economic impacts, stock status and health, bycatch, 
habitat status, and the sustainability of fishery practices.
  New subsection 302(g)(1)(C) would require all SSC appointees 
to be Federal, State, academic, or independent experts with 
strong scientific or technical credentials and experience. The 
Committee intends, with this requirement, to respond to the 
recommendations of the U.S. Ocean Commission that SSC members 
have the requisite qualifications to ensure sound scientific 
advice is provided to the Councils.
  New subsection 302(g)(1)(D) would authorize the Secretary to 
establish a peer review process with each Council for 
scientific information used by that Council. Such a process 
would provide the best scientific information available as 
required under National Standard 1 and be adequate to respond 
to recommendations by the U.S. Ocean Commission and other 
experts that Council decision-making be guided by scientific 
advice. The provision states that such peer review process, 
which may include existing committees or panels, shall satisfy 
the requirements established in the FY 2001 appropriations 
legislation for review of Federal scientific information. These 
requirements are often too onerous and time-consuming to 
accommodate fishery management procedures and timetables.
  New subsection 302(g)(1)(E) would authorize the Secretary to 
pay members of a SSC or advisory panel a stipend so long as 
they are not Federal or State employees. This provision is 
intended to help Councils attract, as resources provided by the 
Secretary allow, qualified experts to serve on SSCs who 
otherwise may not have the funding necessary to enable them to 
perform the required work.
  Council Functions.--Subsection 103(c) of the bill would amend 
section 302(h) of the Magnuson-Stevens Act to require Councils 
to develop annual catch limits for each managed fishery after 
considering the recommendations of their SSC or the peer review 
process described above. The Committee has not included an 
absolute requirement that the Council be bound by SSC 
recommendations due to concerns that such a requirement would 
unduly politicize the SSC process and be too rigid to take into 
account unique circumstances. However, the Committee expects 
Councils to follow the recommendation of the SSC or the 
appropriate peer review process, which the Magnuson-Stevens Act 
ensures will represent the best scientific information 
available. Section 104 of the bill sets forth the mechanism for 
ensuring this catch limit is established for the fishery by 
requiring its inclusion in each FMP or amendment. That 
provision provides further scientific accountability by 
ensuring that the catch limits do not exceed OY, which is 
capped in the Magnuson-Stevens Act at the maximum sustainable 
level.
  Regular and Emergency Meetings and Closed Meetings.--
Subsections (d) and (e) of section 103 of the bill would alter 
existing notification requirements for Council meetings by 
amending sections 302(i)(2)(C) and 302(i)(3)(B) of the 
Magnuson-Stevens Act to eliminate the requirement to notice 
meetings in newspapers, and allowing the Councils the 
flexibility to provide notice of meetings by ``any means that 
will result in wide publicity'' in the major fishing ports of 
the region (and in other major fishing ports having a direct 
interest in the affected fishery.
  Council Training Program.--Subsection 103(f) of the bill 
would amend section 302 of the Magnuson-Stevens Act by adding a 
new subsection (k), which would establish a Council training 
program. New section 302(k) would require the Secretary, in 
consultation with the Councils and the National Sea Grant 
College Program, to develop a training course for new Council 
members to provide them with a background in a variety of 
topics relevant to fishery management. Topics may include 
fishery science, management, conflict of interest requirements, 
economics, tribal rights and customs, and legal requirements. 
The course would be open to both new and existing Council 
members, and would also be available to members of committees 
or advisory panels as resources allow. The Committee believes 
that all participants in the Council process would benefit from 
this course, but understands there may be resource limitations. 
Nevertheless, the Committee expects that Councils will 
implement policies to ensure that new members have completed 
the training course prior to participating in Council 
deliberations on management measures.
  Council Coordinating Committee.--Subsection 103(g) would 
amend section 302(i) of the Magnuson-Stevens Act to authorize 
the establishment of a Council Coordinating Committee comprised 
of Council Chairs, Vice Chairs, and Executive Directors as a 
forum to discuss issues relevant to all Councils. This 
Coordinating Committee would be subject to the same procedural 
and notice requirements as the Councils and advisory bodies 
under section 302(i) of the Magnuson-Stevens Act.
  Conflicts of Interest.--Subsection 103(h) of the bill would 
amend section 302(j) of the Magnuson-Stevens Act to improve 
transparency of the process for disclosure of financial 
interests and recusal by Council members. Under current law, 
Council members are required to disclose any financial 
arrangements they, any family member, or organization in which 
the individual holds a position, may have in any harvesting, 
processing, or marketing activity undertaken within a fishery 
over which the Council has jurisdiction. The changes made by 
this subsection would ensure that financial interests 
associated with lobbying and advocacy must also be disclosed, 
as well as financial interests (such as contractual 
arrangements) of the member with any other individual or 
organization with a financial interest in such fishery 
activities undertaken in a fishery under Council jurisdiction. 
In addition, the provision would require that all such 
disclosure information, which is currently publicly available 
at Council offices during business hours, also be made 
available over the internet. Finally, this subsection requires 
the Secretary to report to Congress annually, beginning in 
2008, on action taken to implement the requirements of section 
302(j), as amended, to ensure that the conflict of interest 
requirements of the Magnuson-Stevens Act are being adequately 
enforced by the Secretary and to provide further transparency.
  Gulf of Mexico Fisheries Management Council.--Subsection 
103(i) of the bill would amend section 302(b)(2) of the 
Magnuson-Stevens Act to establish guidelines for State 
Governors and the Secretary in the nomination and selection of 
voting members to the Gulf of Mexico Council. The provision, 
intended to remain in force until the authorization of 
appropriations expires at the end of FY 2012, would require the 
Secretary to select candidates for Council membership that 
would maintain a balance of five members from the commercial 
sector, five members from the recreational sector, and one 
other individual who is knowledgeable in the conservation and 
management of fishery resources within the Gulf of Mexico 
Council's jurisdiction. It would further require that any slate 
of candidates submitted by a Governor to the Secretary must 
include at least one individual representing the commercial, 
recreational, and charter fishing sectors, as well as one other 
individual knowledgeable in the conservation and management of 
fisheries resources within the jurisdiction of the Gulf of 
Mexico Council. If the Secretary makes a determination that a 
slate of candidates does not meet these requirements, the 
amendment would solicit the public for nominations to the 
Council through a notice in the Federal Register. Finally, the 
amendment would specify that owners or operators of fish farms 
outside the U.S. would not qualify as representatives of the 
commercial fishing sector.
  Report and Recommendations on Gulf Council Amendment.--
Section 103(j) of the bill would require the Secretary to 
evaluate the success of the guidelines provided in section 
103(i) in creating a fair and balanced representation of the 
commercial and recreational sectors on the Gulf of Mexico 
Council. This evaluation, and a report to Congress on the 
findings, would be required to be completed by August, 2011, 
prior to the expiration of the authorizations for the Magnuson-
Stevens Act. The report should include recommendations on any 
changes that may be necessary to achieve fair representation 
and whether to renew the authority contained in section 103(i).
Section 104. Fishery management plan requirements.
  This section would amend section 303(a) of the Magnuson-
Stevens Act, which sets forth the mandatory requirements of 
FMPs. Section 104 would expand the categories of data that may 
be submitted, ensure that the plan describes the economic 
importance of the sectors participating in a fishery, consider 
the economic impacts on a sector when allocating harvest 
restrictions among sectors, and require that each plan include 
a mechanism for establishing an enforceable annual catch limit. 
Other amendments to section 303(a) relating to cumulative 
impact assessments are made in section 101 of the bill.
  New Information and Analyses.--Section 104(a) would amend 
section 303(a)(5) of the Magnuson-Stevens Act to include fish 
processors and charter fishing among the sectors of a fishery 
from which data may be collected and to include economic data 
among the types of data submitted to the Secretary in a FMP. 
The provision also would amend section 303(a)(13) to require an 
assessment of the relative economic importance of the 
commercial, recreational, and charter fishing sectors of the 
fishery and amend section 303(a)(14) to ensure that in 
allocating harvest restrictions among sectors, the economic 
impact of such restrictions on each sector participating in the 
fishery is considered.
  Annual Catch Limits.--Section 104 would also create a new 
subsection 303(a)(15) to require each FMP to provide a 
mechanism for setting annual catch limits for each managed 
sector in the plan (including for a multiyear plan). Such a 
limit should be set at or below OY as based on the best 
scientific information available. If a harvest exceeds the 
annual catch limit, any excess would be deducted from the 
following year's catch limit through management measures 
determined appropriate by the Council for the fishery, 
including by adjusting the following year's management measures 
and input controls or reducing the fishing mortality rate in 
the following year. New subsection (15) applies this annual 
catch limit and adjustment requirement on a sector-specific 
basis so that harvest overages in one sector result in 
adjustments in the following year only in that sector. The 
Committee expects that if a sector is likely to exceed its 
annual catch limit, the Council will restrict that sector's 
harvest to ensure the sector stays within its annual catch 
limit.
  This provision is intended to provide a transparent 
accounting mechanism to help ensure that each fishery is in 
compliance with the overfishing and rebuilding requirements of 
the Magnuson-Stevens Act. The 1996 amendments made by the SFA 
established new requirements to cap harvests at sustainable 
levels and to establish plans to rebuild overfished fisheries, 
and there has been progress in achieving these goals in a 
number of fisheries. However, a full 10 years after passage of 
the SFA, recent evaluations of stock status have revealed that 
overfishing is still occurring in a number of fisheries, even 
those fisheries under a rebuilding plan or determined to be 
overfished during the early phase of SFA implementation. In 
many cases, this has resulted from failure of a plan to require 
adherence to scientifically-established mortality limits from 
one year to the next. As a result, the Committee determined 
that it needed to include a new mechanism in FMPs for ensuring 
compliance with the existing conservation requirements.
          Existing requirements of the Magnuson-Stevens Act.--
        The SFA established for the first time that harvests 
        must be capped at scientifically-determined sustainable 
        levels, i.e. below MSY. National Standard 1 of the 
        Magnuson-Stevens Act (16 USC 1851(a)(1)) provides that 
        conservation and management measures in any FMP shall 
        ``prevent overfishing, while achieving, on a continuing 
        basis, the [OY] from each fishery...'' The Magnuson-
        Stevens Act defines ``OY'' as the amount of fish that 
        will provide the greatest overall benefit to the 
        Nation, ``prescribed as such on the basis of the [MSY] 
        from the fishery, as reduced by any relevant economic, 
        social, or ecological factor,'' and in the case of an 
        overfished fishery, provides for rebuilding to a level 
        consistent with producing the MSY in such fishery 
        (U.S.C. 16 1802(28)). Overfishing is defined in the Act 
        ``as a rate or level of fishing mortality that 
        jeopardizes the capacity of a fishery to produce the 
        [MSY] on a continuing basis.'' (16 U.S.C. 1802(29)). 
        MSY is a theoretical concept meaning the amount that is 
        ``the largest long-term average catch or yield that can 
        be taken from a stock or stock complex under prevailing 
        ecological and environmental conditions'' (50 Fed. Reg. 
        Sec. 600.310(c)(2)(i)) .
  Section 304 of the Magnuson-Stevens Act requires preparation 
of a rebuilding plan for any overfished fishery that specifies 
a time period for ending overfishing and rebuilding the 
fishery. Section 304(e)(4) requires the rebuilding time period 
to: (1) be as short as possible, taking into account the status 
and biology of the stock of fish, the needs of the fishing 
communities, and the interaction of the overfished stocks of 
fish within the marine ecosystem, and (2) not exceed 10 years, 
except in cases where the biology of the stock of fish, or 
other environmental conditions dictate otherwise. Congress 
assumed that, on average, 10 years would provide sufficient 
rebuilding time for many species, based on their life history, 
but in any particular case, the biology of the stock would 
govern if 10 years was not enough time for recovery. NMFS 
guidelines issued in 1998 interpreted the Magnuson-Stevens Act 
to provide that whenever it would take longer than 10 years to 
rebuild an overfished species, NMFS would set a ceiling on the 
rebuilding duration that would be reached by adding the 
shortest possible time to rebuild plus ``one mean generation 
time'' based on the species' life history characteristics. A 
``mean generation time'' is defined by NMFS to be the time it 
will take for an average mature fish to be replaced by its 
offspring.
  Taken together, these provisions were intended to end 
overfishing and rebuild overfished stocks in a reasonable 
period of time. Congress envisioned some pragmatic flexibility 
on the timeframe for ending overfishing in order for the 
Secretary and the Councils to identify fisheries in which 
overfishing was occurring, evaluate the status of the stocks, 
and then make necessary changes in the FMPs to end the 
overfishing activity and rebuild these stocks to sustainable 
levels. However, the effects of overfishing that continues 
during a rebuilding period have been exacerbated when 
rebuilding periods have been extended based on the biology of 
the stock (as permitted by the Magnuson-Stevens Act), or ``re-
set'' based on new information that increased the biomass 
target for the stock, in which case overfishing continues long 
after the 10 year rebuilding benchmark.
  The goal of the Magnuson-Stevens Act should be to produce MSY 
``on a continuing basis'' in order to end overfishing and 
rebuild fisheries within a reasonable period of time. To 
achieve this goal, plans must establish a reasonable end-date 
for fishing beyond sustainable levels, particularly because it 
is necessary to ensure that overfishing during the rebuilding 
period will not undermine rebuilding goals. In addition, as 
noted by the U.S. Ocean Commission, even where target catch 
levels are set in a plan at sustainable levels, amounts 
harvested over such levels in one year have not been accounted 
for in setting the next year's levels, which has resulted in 
compounding problems for the stocks at issue.
          Changes to the Magnuson-Stevens Act.--S. 2012 would 
        preserve existing law on overfishing and rebuilding, 
        since the Committee believes that the basic provisions 
        are sound. However, the bill would amend the Magnuson-
        Stevens Act to require establishment of a mandatory 
        accounting mechanism in every FMP to keep harvests at 
        sustainable levels. Such mechanism would assure annual 
        harvests will be at or below OY (thus below MSY), based 
        on the best scientific information available. While 
        some of the best managed fisheries use TAC-based 
        management, the most direct means of controlling 
        mortality, a Council can use any management measure 
        deemed appropriate for the fishery (e.g., days at sea/
        trip limits, bag limits, escapement). However, the 
        Council must assure that amounts taken over OY are 
        deducted from the next year's limit, utilizing similar 
        measures.
  The Committee expects that TAC-managed fisheries will 
continue to use TACs and that fisheries managed using other 
effort controls may continue to use presently employed methods 
though some may consider moving to TAC-based management over 
time. Although some regions have avoided using TACs because 
they fear they may inspire a ``race for fish,'' experience in 
other regions has shown that sector-based TACs offer management 
certainty and community protections that can address these 
concerns.
  The Committee recognizes that almost every Council implements 
multi-year plans or multi-species FMPs, and believes the annual 
catch limit can be met in these types of plans. Section 104 
allows multi-year plans to continue if they include a mechanism 
for establishing catch limits (and adjusting for over- or 
under-harvesting) within the years covered in the FMP. The 
annual catch limit process is distinct from stock status and 
fishing mortality rate determinations, which may take place on 
a two to five year cycle, although such determinations will 
influence the specific ``catch limit'' that is established for 
the year or years covered in the FMP.
  Furthermore, the Committee believes that the annual catch 
limit mechanism could apply to the overall catch limit for all 
species under a multi-species FMP. Several Councils have 
developed multi-species management plans for fisheries that 
employ a wide variety of gear types. For example, Pacific cod, 
pollock, and flatfish are major fisheries in the North Pacific 
and are targeted by multiple gear types (trawl, hook-and-line, 
pot, jig gear). Currently, NMFS credits both directed harvest 
of Pacific cod and the incidental harvest of Pacific cod 
against the Pacific cod annual catch limit to ensure that 
Pacific cod are not over harvested. When cod is open for 
directed fishing, all cod must be retained. Directed fishing 
for Pacific cod is closed when the amount of cod available for 
harvest in the directed fishery is caught, reserving the 
remainder of the annual catch limit for incidental catch in 
other groundfish fisheries. NMFS then allows vessels to retain 
incidental catches of Pacific cod (if the annual catch limit 
has not been reached) taken in other directed fisheries that 
are open, up to a maximum retainable amount (determined in 
regulations). Catch of all species, whether targeted or taken 
as bycatch, whether retained or discarded, count toward the 
annual catch limits, and fisheries are closed when these limits 
are reached.
  The Committee heard numerous concerns that the science and 
data collection, including catch reporting, is not yet timely 
or sufficient for setting annual catch limits, particularly in 
a multi-species fishery. However, better and timelier data 
collection and reporting should result from establishing an 
annual catch limit before the fishery season begins and 
managing to that limit, as has been demonstrated in a number of 
fisheries. Furthermore, S.2012 supports the expanded use of 
catch monitoring technologies and improved information 
concerning fishing effort and stock status which should assist 
in providing the data needed to improve catch limit compliance.
Section 105. Fishery management plan discretionary provisions.
  This section would make a number of changes to section 303(b) 
of the Magnuson-Stevens Act, which governs the discretionary 
provisions that may be included in a FMP.
  Deep Sea Coral Protection Zones.--Section 105(2) of the bill 
would add subsection 303(b)(2)(B), which would authorize 
Councils to restrict certain types of fishing in zones where 
deep sea corals have been identified by the deep sea coral 
research and technology program established in section 211 of 
the bill. Deep sea coral communities provide critical habitat 
for many species, including several that are commercially 
important, and may host greater biological diversity than their 
shallow water counterparts. They can also provide scientists 
with data on historical climate patterns and hold great promise 
as a potential source of future medicines. However, these 
communities, which may include both coral and sponge species, 
are extremely susceptible to damage from certain types of 
fishing gear and techniques. Such interactions are also of 
concern to industry because of economic impacts to fishermen 
from lost or damaged gear. The section is intended to permit a 
Council to establish closures to address these problems without 
requiring a prior identification of the area as essential fish 
habitat. Closures to protect deep sea coral under this section 
will only be initiated after known locations of deep sea corals 
have been identified, as provided in section 408. In addition, 
the Committee intends consideration of long-term sustainable 
uses to ensure the Councils can provide opportunities for the 
continued use in the fishery of gear that does not cause 
physical damage to deep sea coral.
  Access to Restricted Areas.--Section 105(2) would add 
subsection 303(b)(2)(C) to establish four criteria that must be 
met under the Magnuson-Stevens Act whenever a Council elects to 
close an area to all fishing activity. These criteria, which 
are consistent with the recommendations of the U.S. Ocean 
Commission, are that: (1) that such closure be based on the 
best available science, as required under National Standard 1, 
(2) such closure include criteria to assess the conservation 
benefit thereof, (3) there is a timetable for review of the 
closure's performance, and (4) such closure is based on an 
assessment of the benefits and impacts of the closure in 
relation to other management measures. While the Committee 
expects FMPs generally will address all four criteria in any 
fishing closure, in a case where all fishing is prohibited, 
extra care should be taken to ensure each criterion is met.
  Consideration of Interstate Differences.--Section 105(3) 
would amend section 303(b)(5) of the Magnuson-Stevens Act to 
authorize a Council to consider differences within a fishery 
but between various States and ports, including distance to 
fishing grounds and the proximity to time and area closures, in 
their FMPs.
  Limited Access Systems.--Section 105(4) would amend section 
303(b)(6) to clarify that, in addition to the current criteria 
for establishing limited access systems, a Council must also 
consider the conservation requirements of the Magnuson-Stevens 
Act and the fair and equitable distribution of access 
privileges. While these criteria are already contained in two 
of the National Standards, the Committee's intent is to 
highlight their importance in the context of other listed 
considerations.
  Economic Data Collection.--Sections 105(5)-(7) would make 
technical changes in several subsections of 303(b) to allow for 
the collection of economic data from fish processors.
  NEPA Compliance.--The bill would create a new subsection 
303(b)(12) to allow an FMP to set forth a process for 
compliance with NEPA established pursuant to section 107 of the 
bill.
  Ecological Factors.--The bill would create a new subsection 
303(b)(13) to allow an FMP to include management measures that 
consider a variety of ecological factors affecting fishery 
populations, including the conservation of target and non-
target species. This provision is intended to encourage 
Councils to continue to include ecosystem considerations in 
FMPs.
Section 106. Limited Access Privilege Programs.
  This section would create a new Magnuson-Stevens Act section 
303A to authorize Councils to create a Limited Access Privilege 
Program (LAPP) for the harvesting of fish within a given 
fishery. A LAPP, defined in section 3 of the bill, includes 
individual fishing quota (IFQ) programs as well as other 
programs in which a permit is issued to a specific person or 
authorized entity that allows harvest of a specified unit or 
units of the TAC of a fishery. All LAPPs would be subject to 
Secretarial approval through the FMP process and could only be 
developed for a fishery already being run under a limited 
access system.
  The bill also contains specific provisions that would 
authorize the issuance of quota to fishing communities and for 
the creation of regional fishery associations (RFAs). These 
provisions were created in response to the concerns of 
communities and shoreside businesses around the country over 
the economic harm that could result from consolidation of quota 
in IFQs and similar programs. Many of these concerns were 
reflected in hearings and expert reports, including the 1999 
National Research Council report required under the SFA. While 
some groups argued that allocating specific shares of 
processing privileges (``processor shares'') would provide 
economic stability to communities, other groups believed that 
no special status should be granted to processors. The 
Committee chose to take a broader, community-based view and 
allow allocation of harvesting privileges to communities, and 
inclusion of processors and other shore-based businesses in 
RFAs with LAPP holders which would allow for the designation or 
linkage of LAPPs to a region or community.
  In particular, the Committee recognizes that many small, poor 
coastal communities lack the resources to enter fisheries that 
may be subject to future LAPPs, and they have often been 
overlooked in allocation decisions. The Committee cautions the 
Councils not to use the requirements of section 106 to prevent 
these communities from being fully included in allocation of 
the fishery resource.
  In addition, LAPPs are not intended to be used as a mechanism 
to reduce harvests through refinement of catch quota by those 
who are not fishery participants. Total quota available for 
harvest is established separately under the conservation 
requirements of the Act. Therefore, this section restricts the 
holding, acquisition, use, or issuance of LAPPs only to persons 
who substantially participate in a fishery.
  The new section 303A would set forth the following provisions 
concerning LAPPs:
  No Creation of Right, Title, or Interest.--The new section 
303A(b) would re-affirm existing law relating to IFQs that a 
LAPP is a permit that may be revoked or limited at any time 
without right to compensation. This permit would be considered 
a grant of permission to participate in the fishery and, as 
such, would not grant the holder any right to a fish before it 
was harvested. As a permit, the privilege could also be revoked 
or modified for any failure to comply with the program or if 
the system is found to have jeopardized the sustainability of 
the stock or the safety of fishermen.
  Requirements for Limited Access Privileges.--New section 
303A(c)(1) lists the criteria that any proposed LAPP must meet. 
These requirements specify that any LAPP must:
          (A) Assist in rebuilding an overfished fishery;
          (B) Reduce capacity in a fishery that is over 
        capacity;
          (C) Promote fishing safety and fishery conservation 
        and management;
          (D) Prohibit any person other than a U.S. citizen, 
        corporation, partnership, or other entity established 
        under the laws of the United States or a State, or 
        resident alien that meets the requisite participation 
        and eligibility requirements, from holding a harvesting 
        privilege;
          (E) Require that processing of fish harvested under a 
        LAPP be done within U.S. jurisdiction, i.e. in U.S. 
        territory or by vessels of the United States. New 
        section 303A(c)(2) would allow a waiver of this 
        requirement for fisheries that have historically 
        processed their catch outside the United States if the 
        United States has a seafood safety equivalency 
        agreement with the country where processing is to 
        occur;
          (F) Specify the goals of the program;
          (G) Be subject to continual monitoring with a formal 
        review of the program every 5 years which shall include 
        any modifications needed to ensure the program meets 
        its goals;
          (H) Include an effective system for monitoring, 
        management, and enforcement, including the use of 
        observers of electronic monitoring systems;
          (I) Include an appeals process for administrative 
        review of Secretarial determinations;
          (J) Provide for a separate review process, 
        established by the Secretary in consultation with the 
        Department of Justice and Federal Trade Commission, to 
        determine if any acts of illegal collusion, anti-
        competition, antitrust, or price-fixing occurs among 
        members of RFAs established under the program; and
          (K) Provide for the revocation of privilege held by 
        anyone who violates U.S. antitrust laws.
  Fishing Communities.--New section 303A(c)(3) would establish 
that fishing communities may be deemed eligible to receive and 
hold harvest privileges if they meet criteria developed by the 
relevant Council. According to new section 303A(c)(3)(A)(i), 
the community would have to: (1) be located within the 
management area of the relevant Council, (2) meet criteria 
developed by the relevant Council, approved by the Secretary, 
and published in the Federal Register, (3) consist of residents 
who conduct commercial or recreational fishing, processing, or 
fishery-dependent support businesses within the relevant 
Council's jurisdiction, and (4) develop and submit a community 
sustainability plan to the Council and Secretary. This plan 
must address the social and economic development needs of the 
community, including those who have not historically had access 
to resources to participate in the fishery. Failure to adhere 
to this plan will result in the loss of any privilege.
  Participation criteria for a Council to consider are: (1) 
traditional fishing or processing practices in, and dependence 
on, the fishery, (2) the cultural and social framework of the 
fishing community, (3) economic barriers to access to the 
fishery, (4) the existence and severity of projected socio-
economic impacts associated with a LAPP on participants in the 
fishery and related businesses, (5) the expected effectiveness, 
transparency and equitability of the community sustainability 
plan, and (6) the potential for improving economic conditions 
in remote coastal communities that lack the resources to 
participate in fishery related activities. The Committee 
intends the Councils to consider as ``traditional'' those uses 
that pre-date contemporary commercial fishing in smaller, 
isolated communities that can demonstrate historic dependence 
on combination fisheries or participation in the fishery during 
years that may not fall within the qualifying period for 
individual LAPPs.
  Regional Fishery Associations.--RFAs provide for persons in 
the limited access fisheries in a specific region or subregion 
to make voluntary arrangements for their own mutual interest, 
and to promote the economic and social well-being of the 
region. The Committee intends that participation in a 
particular RFA will be limited to persons substantially 
participating in or substantially dependent on one or more 
fisheries subject to a LAPP within the RFA's region or 
subregion of concern. Determinations of substantial 
participation and substantial dependence shall be established 
by the Secretary upon recommendation by the Council. In an RFA, 
quota would be allocated to the harvester but classified for 
use in a specific region in order to maintain a relative 
balance between the harvesting sector receiving the quota and 
the communities, processors, and other fishery-related 
businesses that have become dependent on the resource entering 
their port. Establishment of such RFAs would allow for 
mitigation of any impacts of a LAPP on a variety of community 
and fishery-related business interests, without allocation to 
individual companies of an exclusive right to process fish. The 
bill would also allow a Council to consider regional or port-
specific landing requirements to maintain a relative balance of 
the commercial industry sectors, such that fishermen, 
processors, and communities could participate in and benefit 
from the rationalized fishery.
  New section 303A(c)(4) would provide that an RFA may 
participate in a LAPP if it meets certain eligibility and 
participation criteria. To be eligible, an RFA must: (1) be 
located within the management area of the relevant Council, (2) 
meet criteria developed by the relevant Council, approved by 
the Secretary, and published in the Federal Register, (3) be 
voluntary organizations with bylaws and procedures and 
consisting of members who conduct commercial or recreational 
fishing, fish processing, or support businesses, and (4) 
develop and submit an RFA sustainability plan to the relevant 
Council and Secretary. Failure to adhere to this plan would 
result in the loss of harvest privileges.
  RFA participation criteria set by a Council must consider: 
(1) traditional fishing or processing practices, (2) the 
cultural and social framework relevant to the fishery, (3) 
economic barriers to access to the fishery, (4) the existence 
and severity of projected socio-economic impacts associated 
with a LAPP on participants in the fishery and its related 
businesses, (5) the administrative and fiduciary soundness of 
the RFA, and (6) the expected effectiveness, transparency, and 
equitability of the RFA's sustainability plan.
  Allocation.--New section 303A(c)(5) would require LAPPs to 
provide a fair and equitable distribution of the initial 
allocation of catch in a way that:
          (A) Considers catch history, employment, investment, 
        dependence on the fishery, and historic participation 
        of fishing communities;
          (B) Considers the basic social and cultural framework 
        of the fishery, and promotes the sustained 
        participation of small, owner-operated fishing vessels 
        and communities that depend on the fisheries, which 
        could include regional landing requirements;
          (C) Assists entry level and small scale members of 
        the fishing community;
          (D) Limits the maximum share of the access privileges 
        able to be held, acquired, or used by a qualified 
        entity; and
          (E) Authorizes all those who substantially 
        participate in the fishery to hold a limited access 
        privilege.
  Program Initiation.--New section 303A(c)(6) would provide 
that any Council may establish a LAPP in an FMP or FMP 
amendment on its own initiative or in response to a petition 
certified by the Secretary and signed by a group of fishermen 
representing a majority of the permit holders or allocation 
within a multi-species fishery. Section 303A(c)(6)(B) provides 
that for a petition initiated in the Gulf of Mexico region for 
a fishery using multi-species permits, only those fishermen who 
had substantially fished the species named in the petition 
would be eligible to sign.
  Subsection 303A(c)(6)(D) would specify that in the New 
England and Gulf of Mexico regions any IFQ program would also 
be subject to a final referendum in order to be approved. 
Approval in New England would require a 2/3 majority of voting 
permit holders and approval in the Gulf of Mexico would require 
a majority of eligible permit holders. Only fishermen who have 
fished the species in question will be eligible to vote in a 
Gulf of Mexico referendum on an IFQ in a multi-species fishery. 
With respect to such Gulf of Mexico programs, the majority vote 
may be measured by weighting votes considering the quantity of 
fish authorized to be harvested under the permit (e.g., 200 
pounds per day or 2,000 pounds per day). The Gulf of Mexico Red 
Snapper Fishery would be exempted from these requirements. The 
Secretary would be responsible for the conduct of the 
referendum and any referenda would not be subject to the 
requirements of the Paperwork Reduction Act (Chapter 33 of 44 
U.S.C.).
  Transferability.--New subsection 303A(c)(7) would require a 
Council to establish a policy on the transferability of 
privileges and a program to monitor such transfers that is 
consistent with the policies that the Council established 
during the allocation process, including with respect to 
continued participation of small vessel owner-operators and 
communities.
  Preparation and Implementation of Secretarial Plans.--New 
subsection 303A(c)(8) would state that any FMP prepared by the 
Secretary for Atlantic highly migratory species under section 
304(g) of the Magnuson-Stevens Act would be required to meet 
the same requirements for any potential LAPPs.
  Antitrust Savings Clause.--New subsection 303A(c)(9) would 
provide a savings clause stating that nothing in the Magnuson-
Stevens Act shall waive any U.S. antitrust laws as defined in 
the first section of the Clayton Act or section 5 of the 
Federal Trade Commission Act.
  Auction and Other Programs.--New section 303A(d) would 
authorize a Council to use an auction or other system to 
collect royalties from the initial distribution of privilege in 
a LAPP if: (1) the system or program is conducted in a manner 
consistent with the requirements, and (2) revenues from the 
distribution system are deposited in the limited access system 
administration fund (established in section 305(h)(5)(b) of the 
Magnuson-Stevens Act). Funds from the limited access system 
administration fund would be made available through annual 
appropriations.
  Cost Recovery.--New section 303A(e) would require a Council 
that develops a LAPP to establish a methodology for assessing 
the management, data collection and analysis, and enforcement 
programs, and provide for a schedule of fees to support these 
activities. Section 106(b) amends section 304(d)(2)(A) of the 
Magnuson-Stevens Act to establish technical amendments allowing 
the collection of fees for this purpose.
  Limited Duration.--New section 303A(f) would authorize a 
Council to establish limits on the duration of any LAPP 
allocation and provide a mechanism for participants and new 
entrants to require or re-acquire allocations.
  Limited Access Privilege Assisted Purchase Program.--New 
section 303A(g) would retain language of existing section 
303(d)(4), which authorizes Councils to allow 25 percent of 
fees collected from a fishery to be used to aid entry-level and 
small boat fishermen in purchasing shares. Such a program would 
be developed under a Council's standard rules and procedures 
and be subject to public comment. The Secretary would be 
prohibited from approving a plan that has not met all the other 
requirements for LAPPs.
  Effect on Certain Existing Shares and Programs.--New section 
303A(h) would ensure that section 303A would not require a 
reallocation of quota share from any limited access system, 
including sector allocations, submitted to the Secretary and 
approved by the Council prior to the date of enactment of this 
bill.
  However, the LAPP provisions of S. 2012 adopt the 
recommendations of the U.S. Ocean Commission, and the Committee 
expects that quota programs now being developed by the Councils 
will incorporate these recommendations even before enactment of 
this legislation. The Committee recognizes that Councils must 
move forward on programs under development and does not intend 
to cause unwarranted delays by requiring mature plans to be re-
drafted wholesale. But Councils should attempt to ensure plans 
adhere to the spirit of the criteria recommended by the U.S. 
Ocean Commission and those contained in the bill in order to 
improve the consistency and fairness of future programs.
  Fees.--Section 106(b) would amend section 304(d)(2)(A) of the 
Magnuson-Stevens Act to authorize the Secretary to collect fees 
from any LAPP to cover the costs of the data collection, in 
addition to fees for enforcement and management, already 
permitted under current law.
  Investment in United States Seafood Processing Facilities.--
Section 106(c) would direct the Secretary to work with the 
Small Business Administration and other Federal Agencies to 
develop incentives for U.S. investment in U.S. seafood 
processing facilities for fisheries that lack U.S. based 
facilities.
  Application with American Fisheries Act.--Subsection 106(e) 
of the bill contains a savings clause, stating that any changes 
in law contained in section 106 would not supersede the 
requirements of the American Fisheries Act (46 U.S.C. 12102 
note; 16 U.S.C. 1851 note et alia).
Section 107. Environmental review process.
  This section would add a new subsection 304(i) to the 
Magnuson-Stevens Act requiring the Secretary, with public 
participation and in consultation with the Council on 
Environmental Quality (CEQ) and the Councils, to develop 
integrated procedures for compliance with NEPA. These 
integrated procedures would then be established as the sole 
environmental impact assessment for FMPs. Such a procedure 
would have to meet a number of criteria including: (1) 
conformity to timelines for review and approval of FMPs, and 
(2) integration of the environmental analytical procedures and 
public input timelines with FMP preparation and dissemination. 
The Secretary would be given 12 months to propose the revised 
procedures, allow a requisite 90 days for public comment, and 
promulgate final procedures 18 months after enactment of the 
bill.
Section 108. Emergency regulations.
  This section would amend section 305(c)(3)(B) of the 
Magnuson-Stevens Act to extend from 180 to 186 days the period 
during which an emergency amendment to an FMP may remain in 
effect. It also permits a potential extension period of the 
same length. These changes would allow an emergency regulation 
to remain in effect for a full year.
Section 109. Western Pacific Community Development
  This provision would create a new subsection 305(j), 
directing the Secretary to create a pilot program for 
regionally based marine education programs in the western 
Pacific. The program's goal would be to increase communication, 
education, and training with regard to marine resource issues 
throughout the region, especially among indigenous Pacific 
islanders, native Hawaiians, and other underrepresented groups. 
Subsection 305(j)(2) specifies that the program is required to 
have six components:
            (1) marine science and technology education focused 
        on preparing residents for employment in related 
        fields;
            (2) fisheries and seafood related training 
        programs, including observer training programs;
            (3) outreach programs and materials designed to 
        inform residents about the quality and sustainability 
        of wild caught fish or fish products farmed through 
        responsible aquaculture, particularly in Hawaii and the 
        western Pacific;
            (4) programs to identify methods and technologies 
        that will improve data collection and quality, and 
        increase the sustainability of fishing practices and 
        that may be shared with other communities and nations 
        in the western and central Pacific;
            (5) enhancement of science-based fishery management 
        with local and traditional knowledge (including Pacific 
        islander and native Hawaiian knowledge); and
            (6) development of partnerships with other western 
        Pacific island agencies, academic institutions, and 
        other entities to meet the purposes of the section.
Section 110. Western Alaska Community Development Quota Program.
  This section would amend section 305(i)(1) of the Magnuson-
Stevens Act to clarify that communities currently participating 
in the western Alaska community development quota programs that 
were included in NMFS regulations in effect on January 1, 2004 
or were approved by NMFS on April 19, 1999 are authorized by 
statute to participate in the progress.
Section 111. Secretarial action on State groundfish fishing.
  This section would add a new subsection 305(k) to the 
Magnuson-Stevens Act to require the Secretary to make a 
determination within 60 days of enactment as to whether fishing 
in State waters on regulated species in the New England multi-
species complex without a New England multi-species groundfish 
fishery permit is consistent with the relevant Federal FMP. If 
the Secretary finds that such fishing activity in State waters 
is not consistent with the Federal plan, the Secretary would be 
directed to notify the State and develop measures to establish 
consistency with the Federal plan, in consultation with the New 
England Council.
Section 112. Joint enforcement agreements.
  This section would add section 311(b)(1)(A)(vi) to the 
Magnuson-Stevens Act, clarifying that enforcement authority for 
any marine resource law administered by the Secretary is given 
jointly to the Secretary of Commerce and the Secretary of the 
department in which the Coast Guard is operating. This 
enforcement authority is also broadened to allow any officer of 
the Secretaries to access any data required to be submitted 
under this title. The provision specifically mentions 
information from Global Maritime Distress and Safety Systems 
(GMDSS), vessel monitoring systems, or other similar systems. 
Data collected from these systems would be subject to all the 
confidentiality requirements of section 402 of the Magnuson-
Stevens Act.
  This section also would add two new sections to section 311 
of the Magnuson-Stevens Act. These provisions, designated 
section 311(h) and section 311(i), would authorize the 
Secretary to enter into joint enforcement agreements (JEAs) 
with the States for the enforcement of marine resource laws.
  Joint enforcement agreements.--New subsection 311(h) would 
authorize State Governors to apply to the Secretary for 
execution of a JEA. Such an agreement would deputize and 
provide Federal funding for State law enforcement officials to 
carry out any of the Secretary's marine law enforcement 
responsibilities, including those contained within the 
Magnuson-Stevens Act. All coastal states, including those 
bordering the Great Lakes, are eligible to enter into a JEA 
with the Secretary. Each JEA is required to:
           Be consistent with the purposes of section 
        311;
           Contain an allocation of funds that will be 
        distributed equitably among participating States, based 
        on: (1) consideration of Federal enforcement needs, (2) 
        State enforcement needs, and (3) State enforcement 
        capacity; and
           Provide for the confidentiality of data and 
        information to States pursuant to section 402 of the 
        Magnuson-Stevens Act.
  Improved data sharing.--New subsection 311(i) is designed to 
ensure that States which enter into a JEA under this section, 
or a confidentiality agreement under section 402(b)(1)(B) of 
the Magnuson-Stevens Act, may also gain access to data gathered 
by the Secretary from GMDSS, vessel monitoring systems, or 
similar systems subject to certain conditions.
  Report on using GMDSS.--Section 112(b) would also require 
NMFS and the Coast Guard to submit a report to Congress on the 
following aspects of the use of GMDSS and similar systems in 
JEAs:
          (1) A cost-benefit analysis of the feasibility, 
        value, and cost of using the GMDSS, vessel monitoring 
        system, or similar system in fishery management and 
        enforcement if the Federal government were to bear the 
        primary capital investment costs.
          (2) The cumulative impact of existing system 
        requirements for commercial vessels.
          (3) Whether the GMDSS requirements would overlap with 
        existing requirements.
          (4) How to address data integration from such 
        systems.
          (5) How to maximize data sharing between Federal and 
        State governments while considering appropriate levels 
        of confidentiality.
          (6) How to develop, purchase, or distribute GMDSS or 
        similar systems to regulated vessels.
Section 113. Transition to sustainable fisheries.
  This section makes a number of changes to section 312 of the 
Magnuson-Stevens Act. Most of the changes relate to subsections 
312(b)-(e), which establish the fishing capacity reduction 
program, but two technical changes are made to subsection 
312(a), regarding fisheries disaster relief. The changes to 
section 312(a) would include harvest restrictions to protect 
human health or the marine environment, including under other 
statutory authority, among the causes of a fishery failure that 
could qualify a community for disaster relief, and reauthorize 
the program for FY 2006 through 2012.
  Amendments to Subsection 312(b)-(d) include technical changes 
that would:
           Allow a majority of permit holders or 
        individuals holding a majority of the allocation in a 
        fishery to conduct a voluntary fishing capacity 
        reduction program. Currently only a Council or State 
        may request that the Secretary initiate such a program.
           Include achieving stability, safety, or 
        organizational effectiveness in the list of qualified 
        reasons for initiating a capacity reduction program.
           Require a program involving industry fee 
        systems to demonstrate the prospect of paying off its 
        debts rather than demonstrate certainty.
           Require that if payment is made to a vessel 
        owner under a capacity reduction program, the owner 
        must also relinquish any claim to a permit associated 
        with the vessel or the vessel itself, and that the 
        vessel be either scrapped or permanently prohibited 
        from use for fishing in State, Federal, or high seas 
        area, or in the waters of a foreign nation.
           Include harvester proponents of a capacity 
        reduction program in consultations between the 
        Secretary and the relevant Council.
           Allow the Secretary to conduct a referendum 
        on establishing an industry fee system to fund a 
        capacity reduction program without request of the 
        Councils.
           Reduce the requirements for a successful 
        referendum on an industry fee system to a simple 
        majority of those voting, rather than a two-thirds 
        majority.
           Allow industry fees to be collected from the 
        seller rather than only the first ex-vessel fish 
        purchaser.
  The bill also would revise subsection 312(e) of the Magnuson-
Stevens Act, which establishes requirements for implementation 
of a voluntary capacity reduction program. Revised subsections 
312(e)(1)-(2) would direct the Secretary to propose and adopt 
framework regulations for all capacity reduction programs and 
implement all such programs through the adoption and 
promulgation of program regulations. Revised subsection 
312(e)(3) would establish a harvester proponents' 
implementation plan for those capacity reduction programs 
funded through an industry fee system. Under this plan, the 
Secretary would not be able to propose implementing regulations 
until the harvester proponents of the plan provide a proposal 
that: (1) specifies the type and number of vessels or permits 
eligible to participate, taking into account various 
considerations, and (2) outlines procedures for program 
participation. Revised subsection 312(e)(4) would direct the 
Secretary to enter into a contract with each person 
participating in a program. Such a contract would be required 
to be consistent with the framework and implementing 
regulations. Revised subsections 312(e)(5)-(6) would establish 
the procedures for reduction auctions which are to take place 
if a capacity reduction program does not involve a fair market 
assessment.
Section 114. Regional coastal disaster assistance, transition, and 
        recovery program.
  This section would create a new section 315 in the Magnuson-
Stevens Act to establish a regional coastal disaster 
assistance, transition, and recovery program. This program 
would authorize the Secretary, in consultation with the 
relevant Governors, to provide immediate relief to the fishery 
sector of a region afflicted by a catastrophic fishery 
disaster. Economic assistance would be made available for: (1) 
meeting immediate shoreside infrastructure needs, (2) financial 
assistance and job training for fishermen in a fishery that may 
be temporarily closed, (3) funding for a capacity reduction 
program under section 312(b), and (4) any other activities 
authorized under the fisheries disaster assistance provisions 
in section 312(a) of the Magnuson-Stevens Act, or section 
308(d) of the Interjurisdictional Fisheries Act of 1986. Any 
fisherman who opts to scrap a fishing vessel would be eligible 
for job training.
  New section 315(b)(4) would allow the Secretary to waive the 
State or local matching requirements of section 308(d)(3) of 
the Interjurisdictional Fisheries Act or section 312 of the 
Magnuson-Stevens Act if no such funds are available and if the 
benefits of full Federal financing outweigh the cost. However, 
a State would be required to meet the requirements of section 
312(b), the fisheries disaster relief provision of the 
Magnuson-Stevens Act. New section 315(c) would direct the 
Secretary to provide the Governor of each State participating 
in a program under this section with a comprehensive socio-
economic evaluation of the affected fisheries to aid in the 
assessment of their future viability. New section 315(d) would 
define a catastrophic fishery disaster as a natural disaster, a 
judicial closure, or regulatory fishery closure to protect 
human health or the marine environment that: (1) results in 
economic loss to coastal or fishing communities, (2) affects 
more than one fishery managed by a State, interstate fishery 
commission, or pursuant to a Federal FMP, and (3) is determined 
to be a fishery failure under section 312(a) of the Magnuson-
Stevens Act or a resource disaster under section 308(d) of the 
Interjurisdictional Fisheries Act of 1986.
Section 115. Fishery finance program hurricane assistance.
  This section would create a program directing the Secretary, 
subject to appropriations, to provide assistance to holders of 
fishery finance program (FFP) loans who were affected by 
Hurricanes Katrina or Rita. Any funds would be made available 
to loan holders based on their outstanding balance in order to: 
(1) defer principal payments for one year and reamortize the 
debt, (2) extend the term of the loan for one year, (3) pay the 
interest costs for loans during FY 2006-2012, and (4) provide 
opportunities for loan forgiveness subject to Secretarial 
approval. To be eligible for this program, loan holders must 
use monies for the new investment in, repair, or replacement of 
vessels, facilities, or fisheries infrastructure for use within 
the affected areas.
  Eligibility for such assistance would be limited to holders 
of FFP loans who use the assistance to replace any damaged 
capital for use within the declared disaster area. The section 
would authorize up to $15 million for each eligible FFP loan 
holder for FY 2006 through 2012.
Section 116. Shrimp fisheries hurricane assistance program.
  This section would authorize $17,500,000 for FY 2006 through 
2011 to the Secretary in order to carry out a disaster 
assistance program in the Gulf of Mexico shrimp fishing 
industry. Monies would be allocated to States based on the 
percentage of the shrimp catch caught by their Gulf Coast 
fisheries and would be used for such purposes as marketing, 
seafood testing programs, development of limited access 
programs, bycatch reduction, capacity reduction, and individual 
and small business personal assistance.
Section 117. Bycatch reduction engineering program.
  This section would create a new section 316 of the Magnuson-
Stevens Act directing the Secretary, in cooperation with the 
Councils and other interests, to create a bycatch reduction 
engineering program within one year of enactment. The program 
would be tasked with developing technological devices and 
engineering techniques for minimizing bycatch, seabird bycatch, 
bycatch mortality, and post-release mortality. The provision 
requires the program to: (1) be regionally based, (2) 
coordinate with projects under the Magnuson-Stevens Act's 
cooperative research and management program, (3) use 
information and outreach to encourage the adoption of new 
technologies, and (4) provide for consultation with Councils so 
they may incorporate new approaches to bycatch reduction in 
FMPs.
  This section would also authorize an FMP to contain various 
incentives to encourage the reduction of all types of bycatch. 
These incentives could include the use of bycatch quota, 
measures to promote the use of gear that reduces bycatch rates, 
post-release mortality, or other measures as determined by the 
best scientific information available.
Section 118. Community-based restoration program for fishery and 
        coastal habitats.
  This section would authorize the existing NMFS community-
based restoration program to implement and support the 
restoration of fishery and coastal habitats. The program would 
be authorized to--
          (1) provide funding and expertise to communities in 
        order to assist them with habitat restoration;
          (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 community support and volunteer 
        participation in habitat restoration;
          (6) promote stewardship of fishery and coastal 
        habitats; and
          (7) leverage resources at national, regional, and 
        local levels.
Section 119. Prohibited acts.
  This section would add two items to the list of prohibited 
acts in section 307(1) of the Magnuson-Stevens Act: (1) a 
prohibition on commercial activity with respect to any fish 
acquired in violation of any foreign law or regulation, and (2) 
a prohibition on the use of any vessel that has been removed 
from a fishery through the fishing capacity reduction program 
described in section 312(b)(2) of the Magnuson-Stevens Act. 
These provisions are similar to language contained in the Lacey 
Act (16 U.S.C. 3371 et seq.), but their placement here would 
make transgressors subject to penalties under the Magnuson-
Stevens Act as well.
Section 120. Enforcement.
  This section would amend sections 308 through 311 of the 
Magnuson-Stevens Act to make a number of technical and 
substantive changes to the authority of the Secretary and the 
ways in which civil and criminal penalties are assessed, 
enforced, and administered under the Magnuson-Stevens Act.
  The Committee expects the Agency to exercise discretion in 
the enforcement of these provisions. This increase in civil 
penalties is needed in order to make the collections from 
violations more than the cost of doing business in particularly 
lucrative fisheries and to provide an adequate response to 
especially egregious violations or violations involving repeat 
offenders. The Committee feels an increase in penalties for 
criminal offenses and the possibility of imprisonment is 
particularly justified to provide adequate enforcement measures 
to deter egregious, large-scale and repeat violators, who feel 
monetary fines are a normal part of commercial fishing 
operations. However, the new maximums and enhanced enforcement 
authority should be focused on large-scale and repeat violators 
and are not intended for use in routine enforcement cases.
  Amendments to section 308: Civil Enforcement. Section 
120(a)(1)-(5) would amend section 308 to: (1) raise the maximum 
civil penalty from $100,000 to $240,000, (2) give the Secretary 
authority to issue subpoenas for the purposes of any 
investigation carried out under the Magnuson-Stevens Act or any 
other marine resource law enforced by the Secretary, (3) make 
technical changes to clarify that transfer of ownership of a 
permit, such as those held in a LAPP, does not release it from 
any sanctions held against it, and (4) make other technical 
changes to include settlement of civil forfeitures in language 
regarding the reinstatement of permits. In addition, this 
section would amend section 308(a)(4) of the Magnuson-Stevens 
Act to allow the Secretary to use subpoenas in the 
investigation of alleged violations of the Magnuson-Stevens Act 
and other marine resource laws enforced by the Secretary. 
Existing law authorizes subpoenas for civil penalty hearings 
but not for the investigations of alleged violations. The 
Committee intends the inclusion of investigative subpoena 
authority to allow for more thorough investigations of an 
alleged violation prior to a decision to issue a notice of 
violation and assessment of civil monetary penalty.
  Amendments to section 309: Criminal penalties.--Section 
120(b) would amend Magnuson-Stevens Act sections 309(a)-(c) 
which govern criminal penalties, in order to:
           Increase the maximum penalty for non-violent 
        criminal violations of Magnuson-Stevens Act provisions 
        under sections 307(1)(D),(E),(F),(H),(I),(L) or section 
        307(2) to $500,000 and 5 years imprisonment except for 
        corporations or other organizations, for which the 
        maximum penalty would be $1 million. The Magnuson-
        Stevens Act currently authorizes penalties of $100,000 
        and/or six months imprisonment for violations of the 
        section 307(1) provisions listed above, and fines of 
        $200,000 but no imprisonment for violations of section 
        307(2). The violations covered under this provision are 
        generally related to enforcement actions or unlicensed 
        fishing in State waters and are not changed from the 
        current Act.
           Remove the fine levied for aggravated 
        criminal offenses but keep the penalty of up to 10 
        years in prison. This penalty is currently levied 
        against individuals who threaten or commit a violent 
        offense against observers and enforcement officers. The 
        amendment would also extend the coverage to Council 
        members or staff.
           Criminalize knowing violations of any other 
        provisions of section 307 of the Magnuson-Stevens Act 
        and set the maximum penalty at 5 years imprisonment 
        and/or fines as stipulated by Title 18. U.S.C. This 
        change would bring the Magnuson-Stevens Act into parity 
        with other environmental management statutes such as 
        the Clean Water Act.
           Establish that legal actions related to the 
        Magnuson-Stevens Act fall under the jurisdiction of the 
        U.S. district courts and that each violation of 
        Magnuson-Stevens Act provisions shall be considered a 
        separate offense.
  Amendments to section 310: Civil forfeitures.--Section 120(c) 
would make technical changes to section 310(a) of the Magnuson-
Stevens Act in order to clarify that vessel forfeiture will not 
be imposed as a penalty for violations of Magnuson-Stevens Act 
provisions in cases where a citation issued under section 
311(a) is deemed sufficient.
  Amendments to section 311: Enforcement responsibility.--
Sections 120(d) and (e) would make technical changes to 
sections 311(a) and (b) to clarify that the Secretary has the 
authority to enforce any marine resource law administered by 
the Secretary and to use, by agreement, the services of any 
other Federal, State, Territory, Commonwealth, or Tribal agency 
in doing so. Section 120(f) would make a technical change to 
section 311(e)(1)(b) to allow the Secretary to pay rewards less 
than $20,000 or 20 percent of the penalty in question for 
assistance in resolving a violation of the Magnuson-Stevens 
Act. Previously, rewards were to be not less than $20,000 or 20 
percent of the penalty.

                   TITLE II--INFORMATION AND RESEARCH

Section 201. Recreational fisheries information.
  This section would create a new subsection 401(g) of the 
Magnuson-Stevens Act that would direct the Secretary to 
establish a national program for the registration of marine 
recreational fishermen. The new registry would include all 
individuals who fish recreationally: (1) in the EEZ, (2) for 
anadromous species, or (3) for continental shelf fishery 
resources beyond the EEZ. New subsection 401(g)(2) would 
require the Secretary to exempt any individuals or charter 
fishing vessels from the registry if they are already 
registered in a State which uses that information to assist in 
completing marine recreational fisheries statistical surveys or 
for evaluating the effects of proposed conservation and 
management measures.
  Subsection 401(g)(3) would direct the Secretary to establish 
a program for improving the marine recreational fisheries 
statistical surveys including to the extent possible: (1) 
dockside interviews, (2) surveys to target anglers registered 
at the State or local level, (3) collection of trip data from 
charter fishing vessels, and (4) development of a weather 
corrective factor to be applied to catch estimates. The 
Secretary would report to Congress on the program's progress 
two years after its establishment. Improved fishing data 
collection is imperative to the successful implementation of 
section 104(7) of the Magnuson-Stevens Act. Additionally, this 
will help ensure that all fish caught under a recreational 
permit are accurately accounted for under that recreational 
sector's allocation.
Section 202. Collection of information.
  This section would amend section 402(a) of the Magnuson-
Stevens Act to allow Councils to request that the Secretary 
gather economic data regarding fish or fish processing 
operations. It would also authorize the Secretary to initiate 
an additional information collection program if it is deemed 
necessary.
Section 203. Access to certain information.
  This section would make technical changes to section 402(b), 
which governs the handling of confidential information pursuant 
to the Magnuson-Stevens Act. An amendment to section 402(b)(1) 
would clarify that confidential information, as defined in this 
bill, would be kept confidential and be exempt from disclosure 
under the Freedom of Information Act, except to various parties 
or under certain circumstances. These exemptions include: (1) 
Federal or Council employees responsible for fishery 
management, (2) State or Marine Fishery Commission employees, 
subject to a confidentiality agreement prohibiting public 
disclosure of information, (3) State employees charged with 
fishery management in a State party to a JEA, (4) use to verify 
catch in a LAPP, subject to a confidentiality agreement 
prohibiting public disclosure of information, (5) with written 
authorization from the appropriate parties, (6) use in 
Secretarial determinations in a LAPP, and (7) use in support of 
homeland security activities.
  This section would also make requisite technical changes and 
inset a new section 402(b)(2) to govern the confidentiality of 
observer information. This information would be deemed 
confidential, with the exceptions described above and three 
additional exceptions: (1) for the North Pacific Council to 
allow disclosure of bycatch information, (2) when the 
information is necessary to adjudicate observer certifications, 
and (3) for the training and assessment of observers.
Section 204. Cooperative research and management program.
  This section would create a new section 317 of the Magnuson-
Stevens Act. This new section would establish a cooperative 
research and management program to fund partnerships between 
Federal and State entities in research and management 
activities that are consistent with the goals of the Magnuson-
Stevens Act. The program would be implemented on a regional 
basis and be developed and conducted through partnerships among 
Federal and State managers and scientists, commercial and 
recreational fishing industry participants, and educational 
institutions.
  Project eligibility would be based on a determination of 
critical need by the Councils, made in consultation with the 
Secretary. Funding would be awarded on a competitive basis and 
based on regional needs with priority given to projects 
designed to: (1) collect data to improve stock assessments, (2) 
assess bycatch or post release mortality, (3) reduce bycatch or 
post release mortality, (4) identify or conserve habitat areas 
of particular concern, and (5) collect and compile socio-
economic data. The Committee expects the Secretary to be 
sensitive to the research needs of each fisheries region and 
the expectation that each region should be treated fairly with 
respect to such allocation.
  New subsection 317(d) would direct the Secretary to establish 
a uniform, but regionally based, expedited permitting process 
for projects under this section within six months after 
enactment. Any programs funded through quota set-asides within 
a fishery would be exempt from the requirements of this 
section.
Section 205. Herring study.
  This section would create a new section 318 in the Magnuson-
Stevens Act that would authorize the Secretary to conduct a 
study on herring in the northwest Atlantic to examine its 
abundance, distribution, and role as a forage fish for other 
commercially important stocks. An interim report on the study 
would be due at the end of FY 2008, and a final report would be 
due within three months of the study's completion. The section 
would authorize $2 million for FY 2007 through 2009 to complete 
the study.
Section 206. Restoration study.
  This section would create a new section 319 in the Magnuson-
Stevens Act that would authorize the Secretary to conduct a 
study to update the scientific information and protocols needed 
to improve coastal habitat restoration. The section would 
authorize $500,000 for FY 2007 to complete the study.
Section 207. Western Pacific fishery demonstration projects.
  This section would amend section 111(b) of the SFA to remove 
the Secretary of the Interior as a granting agent for western 
Pacific demonstration projects and to remove limits on the 
number of projects that may exist at a given time. This section 
also contains a technical correction to language in section 
111(b)(6) of the SFA.
Section 208. Fisheries conservation and management fund.
  This section would direct the Secretary to establish a 
fishery conservation and management fund that shall be 
available to the Secretary to disburse on a regional basis for 
purposes including: (1) efforts to improve fishery harvest data 
collection, (2) cooperative fishery research and analysis, (3) 
development of methods or technology to improve the quality, 
safety, and value of landed fish, (4) analysis of fishery 
products for health benefits and risk, (5) marketing including 
consumer education, and (6) financial assistance to fishermen 
to offset the costs of modifying gear to comply with the 
Magnuson-Stevens Act. The fund may receive deposits from the 
sale of quota set aside by a Council for that purpose or from 
outside sources, including donations from State and local 
authorities and private or non-profit organizations. Money in 
the fund would be disbursed to the various management regions 
based on a consensus decision by the Councils except that no 
region would receive less than 5 percent of the Fund.
Section 209. Use of fishery finance program and capital construction 
        fund for sustainable purposes.
  This section would amend the Merchant Marine Act of 1936 (46 
U.S.C. App. 1274(a)(7)) to expand the eligibility for federally 
guaranteed loans, under the FFP. The expansion would include 
activities that assist in the transition to reduced fishing 
capacity, outlays for technologies, or upgrades designed to 
improve collection and reporting on fishery-dependent data to 
reduce bycatch, improve selectivity, reduce adverse impacts of 
fishing gear, or to increase vessel safety. These provisions 
would implement recommendations of the fishery financial 
investment task force established under the SFA. Subsection 
209(b) would expand the purposes of the capital construction 
fund by authorizing termination and withdrawal from a fund in 
exchange for the retirement of the related commercial fishing 
vessels and commercial fishing permits. Persons could also 
withdraw money from the fund for investment in shoreside 
fishery related facilities for the purpose of promoting U.S. 
ownership.
Section 210. Regional ecosystem research.
  This section would add a new subsection 406(f) to the 
Magnuson-Stevens Act. This subsection would direct the 
Secretary, in consultation with the Councils, to undertake a 
study on the state of the science for advancing the concepts 
and integration of ecosystem considerations in regional fishery 
management. The study would be based on the recommendations of 
the Ecosystem Principles Advisory Panel, established in section 
406 of the Magnuson-Stevens Act, and would include--
          (1) recommendations on data requirements for 
        understanding ecosystem processes;
          (2) recommendations for incorporating broad 
        stakeholder participation;
          (3) recommendations on how to account for the effects 
        of environmental variation in fish stocks; and
          (4) a description of existing and developing Council 
        efforts to implement ecosystem approaches.
  The study would be completed six months after enactment.
Section 211. Deep sea coral research and technology program.
  This section would create a new section 408 in the Magnuson-
Stevens Act to direct the Secretary to establish a deep sea 
coral research and technology program. This program would be 
developed in consultation with appropriate Councils and in 
coordination with other Federal agencies and education 
institutions. Its purpose would be to--
          (1) identify existing research on, and known 
        locations of, deep sea corals;
          (2) locate and map deep sea corals;
          (3) monitor activity in known areas of deep sea 
        corals;
          (4) conduct research, including cooperative research 
        with the fishing industry, on deep sea corals and 
        survey methods;
          (5) develop technologies to reduce the interaction 
        between fishing gear and deep sea corals; and
          (6) prioritize program activities in areas where deep 
        sea corals are known to occur.
  This program would benefit from the active participation of a 
wide range of knowledgeable individuals including commercial 
fishermen, recreational fishermen, independent scientists, 
government officials, conservationists, and other members of 
the public. The Secretary and Councils should strive to involve 
these individuals in the design and implementation of this 
research program. All data collected by the program would be 
transmitted to the appropriate Council, and the Secretary would 
be required to submit a biennial report to Congress on steps 
taken to identify, monitor and protect deep sea corals.
Section 212. Impact of turtle excluder devices on shrimping.
  This section would direct the Undersecretary of Commerce for 
Oceans and Atmosphere to establish an agreement with the 
National Academy of Sciences to conduct a study on the effect 
of turtle excluder devices on the shrimping industry. This 
would authorize the same study for which funding was provided 
in a previous appropriations bill.
Section 213. Hurricane effects on shrimp and oyster fisheries and 
        habitats.
  This section would direct the Secretary to complete two 
reports within six months of enactment, detailing the effects 
of Hurricanes Katrina and Rita on commercial and recreational 
fisheries and fishery habitat in States bordering the Gulf of 
Mexico. Subsection 213(c) of the bill would direct the 
Secretary to restore fishery habitats, including shrimp and 
oyster habitats, in Louisiana and Mississippi.

                  TITLE III--OTHER FISHERIES STATUTES

Section 301. Amendments to Northern Pacific Halibut Act.
  This section would make technical changes and would amend 
section 8(a) of the Northern Pacific Halibut Act of 1982 (NPHA) 
to expand its Permit Sanctions and Criminal and Civil Penalties 
provisions as follows: (1) by raising caps on civil penalties 
to $200,000 from $25,000, and (2) by allowing the Secretary to 
consider information on the ability of a violator to pay a 
penalty if such information is provided 30 days prior to the 
hearing.
  Permit sanctions.--Subsection 301(b) of the bill would allow 
the Secretary, after a hearing, to deny, suspend, revoke, or 
impose additional conditions on any permit issued under the 
NPHA for the following transgressions: (1) use of a vessel in a 
prohibited act, (2) violation of the Magnuson-Stevens Act by a 
permit holder or vessel owner/operator, or (3) failure of a 
permit holder or vessel owner/operator to pay any portion of a 
fine or civil penalty associated with the violation of any 
marine resource law enforced by the Secretary. Prior to 
imposing any sanctions, the Secretary must consider the same 
mitigating factors as for assessing a civil penalty, including 
the nature, circumstances, extent, and gravity of the 
violation, and the violator's degree of culpability, past 
history, and any other matters justice may require. A permit 
sanction would remain in place, including through any transfer 
of ownership, until all fines and settlements have been paid.
  Criminal penalties.--Subsection 301(c) of the bill would 
raise the cap on fines associated with criminal penalties under 
the Magnuson-Stevens Act from $50,000 to $200,000, except in 
cases involving weapons or assault on an officer, in which case 
the fine is raised from $100,000 to $400,000.
Section 302. Reauthorization of other fisheries acts.
  This section would reauthorize a number of additional 
fisheries acts including the:
  Atlantic Striped Bass Conservation Act.--$1 million is 
authorized to the Secretary of Commerce and $250,000 to the 
Secretary of the Interior for each of FY 2006 through 2010.
  Yukon River Salmon Act of 2000.--$4 million is authorized for 
each of FY 2006 through 2010.
  Shark Finning Prohibition Act.--Reauthorized at the same 
funding level for FY 2006 through 2010.
  Pacific Salmon Treaty Act.--This provision would take 
language related to the 1999 Pacific Salmon Treaty Agreement 
between the United States and Canada, from the Commerce, 
Justice, and Science portion of the FY 2000 omnibus 
appropriations bill and transfer it to the Pacific Salmon 
Treaty Act (16 U.S.C. 3631 et seq.). This language covers the 
authorization and management of the Northern and Southern 
Boundary Restoration and Enhancement Funds and would 
reauthorize the funds for FY 2006 through 2009.
  State Authority for Dungeness Crab Fishery Management.--This 
provision would make technical amendments to PL 105-384 to 
extend the authority of States to manage the Dungeness Crab 
fishery in the EEZ adjacent to State waters through 2016. The 
extension would provide time for the States to consider long 
term management needs, including development of a capacity 
reduction plan. The provision also changes the State reporting 
requirements to a report on stock ``status'' rather than 
``health'' and stipulates that such reports must include 
information on: (1) stock status and trends, (2) a description 
of the types of scientific information and processes used to 
determine the stock trends, and (3) measures implemented or 
planned that are designed to end overfishing in the fishery.

                        TITLE IV--INTERNATIONAL

  The Magnuson-Stevens Act requirements govern fishing within 
the 4.5 million square mile U.S. EEZ, as well as harvesting 
activities by U.S. fishermen on the high seas. However, many 
other countries do not impose the same stringent regime on 
their fishing fleets, either within their EEZs or on the high 
seas. Moreover, many fisheries are not covered by international 
agreements. Even when agreements exist, implementation is slow, 
and management requirements are weak or ineffective in the face 
of economic pressures. The absence of effective management 
rules has both economic and conservation implications for U.S. 
industry and management. There is a clear need to ensure other 
nations, particularly those that fish on shared or high seas 
stocks, adhere to conservation and management standards 
comparable to those adhered to by U.S. fishermen both in U.S. 
waters and on the high seas.
  To the extent that fish stocks found in the U.S. EEZ migrate 
outside these boundaries, unsustainable fishing practices of 
foreign fleets adversely impact fish stocks and undermine the 
effectiveness of the U.S. management measures. In addition, as 
high seas stocks decline due to foreign overfishing, and as 
bycatch of endangered or protected species by those fisheries 
increases, additional restrictions placed on U.S. vessels under 
the Magnuson-Stevens Act or other U.S. law both disadvantage 
U.S. fleets and fail to address the problem. For example, a 
court barred the Hawaiian long-line fishing fleet, a tiny 
fraction of the Pacific longline fleet (1-3 percent), from 
harvesting swordfish (and initially, tuna) on the high seas as 
a result of concerns over interactions with endangered sea 
turtles. However, longline fleets from other nations, which are 
growing annually, continued to fish those same stocks without 
protective measures, disadvantaging U.S. fishermen, and 
increasing threats to sea turtles.
  U.S. fishermen feel these effects in the marketplace, as they 
must compete with cheaper imports harvested using unsustainable 
fishing practices, while bearing the costs of compliance with 
U.S. law. In addition, exploitation of fishery resources by 
unregulated, expanding foreign fleets on the high seas has 
resulted in falling world prices for many species. The growing 
U.S. appetite for fish, and flow of inexpensive imports to the 
United States, provides foreign fleets an incentive to maximize 
unsustainable harvests, while economically disadvantaging U.S. 
fishermen.
  As such, the following provisions are included in S. 2012 in 
order to strengthen the ability of international fishery 
organizations and the United States to ensure compliance with, 
enforcement of, and adherence to existing international 
conservation and management measures for high seas fisheries.
Section 401. International monitoring and compliance.
  This section would create a new section 207 of the Magnuson-
Stevens Act. The new section would contain provisions 
authorizing the Secretary to promote improved monitoring and 
compliance for high seas fisheries or fisheries governed by 
international or regional fishery management agreements. To 
accomplish these goals, the provision would authorize the 
Secretary to--
          (1) share information on harvesting and processing 
        capacity and IUU fishing on the high seas with law 
        enforcement organizations of foreign nations and 
        international organizations;
          (2) further develop real time information sharing 
        capabilities, on IUU fishing;
          (3) participate in global and regional efforts to 
        build an international network for monitoring;
          (4) support efforts to create an international 
        registry of fishing vessels;
          (5) enhance regional enforcement capabilities through 
        the use of remote sensing technology;
          (6) provide technical assistance to developing 
        countries to improve their monitoring, control, and 
        surveillance capabilities; and
          (7) support efforts requiring all large-scale fishing 
        vessels operating on the high seas to be fitted with 
        vessel monitoring systems by the end of 2008.
Section 402. Finding with respect to illegal, unreported, and 
        unregulated fishing.
  This section would add a new finding to subsection 2(a) of 
the Magnuson-Stevens Act stating that international cooperation 
is necessary to address IUU fishing.
Section 403. Action to end illegal, unreported, or unregulated fishing 
        and reduce bycatch of protected marine species.
  This section would amend the High Seas Driftnet Fisheries 
Enforcement Act (16 U.S.C. 1826a et seq.) by creating four new 
sections, 607-610, that aim to improve: (1) United States 
awareness of the status of international marine resources, and 
(2) international compliance with laws on IUU fishing and 
protected marine resources. This information would be 
summarized in a biennial report (Report) created by the 
Secretary.
  Biennial report on international compliance.--New section 607 
would require the Secretary to report to Congress every two 
years containing the following information: (1) state of 
knowledge of the status of international living marine 
resources of interest to the United States, (2) a list of 
nations identified under new sections 609 and 610, (3) a 
description of efforts taken by nations to comply with new 
sections 609 and 610, (4) a description of progress made at the 
international level pursuant to new section 608, in 
strengthening international fishery management organizations 
with the goal of ending IUU fishing, and (5) a plan of action 
for implementing international measures to reduce the impacts 
of fishing on protected marine resources.
  Action to strengthen international fishery management 
organizations.--New section 608 would direct the Secretary, in 
consultation with the Secretary of State, to improve the 
effectiveness of international fishery management organizations 
(IFMOs) by urging those organizations to which the United 
States is a party to: (1) incorporate sanctions against member 
or nonmember governments with vessels engaging in IUU fishing, 
(2) seek adoption of lists of IUU vessels including authorized 
(green) and unauthorized (red) vessel lists, (3) seek 
international adoption of a vessel monitoring system to 
document capacity, (4) increase the use of observers and 
compliance monitoring technologies, (5) adopt greater port 
state controls in all nations, (6) seek adoption of market 
related measures to combat IUU fishing including import 
prohibitions, restrictions, and catch documentation schemes, 
and (7) urge other nations at all levels, including the 
Convention on International Trade in Endangered Species and the 
World Trade Organization, to adopt measures to restrict trade 
in IUU products.
  Illegal, unreported, or unregulated fishing.--New section 609 
would describe the process for identifying nations whose 
vessels participate in IUU fishing. For a nation to be listed, 
the Secretary must determine that vessels of that nation have 
engaged in IUU fishing within the past year; and that the 
relevant IFMO has not implemented measures to end IUU fishing 
by that nation's vessels or that the nation is not party to an 
IFMO, or no relevant IFMO exists. Listing a nation in the 
Report shall constitute an identification under section 
101(b)(1)(a) of the High Seas Driftnet Enforcement Act (16 
U.S.C. 1826a(b)(1)(A)). This identification would require the 
Secretary of the Treasury to: (1) withhold or revoke the 
clearance of any vessels of the identified nation and deny them 
entry into the navigable waters or any port of the United 
States, (2) prohibit the importation of fish, fish products, or 
sport fishing gear from that nation, and (3) impose other 
economic sanctions if items (1) and (2) are not successful in 
stopping the violation.
  New section 609(c) would require the Secretary, in 
consultation with the Secretary of State to notify the 
President and the nation in question of its status within 60 
days of submitting a report to Congress pursuant to section 
607. The Secretary must also initiate consultations with listed 
nations to encourage them to take corrective action and, notify 
any relevant IFMOs of the actions taken by the United States.
  New section 609(d) would require the Secretary to establish a 
procedure for certifying that a listed nation is taking 
corrective action. Such a determination must be provided in the 
Report for each listed nation. To become certified as taking 
corrective action a nation must provide documentary evidence, 
or the relevant IFMO must implement measures that are effective 
in ending IUU fishing by the listed nation. Alternatively, the 
Secretary may certify vessels from a listed nation on a 
shipment by shipment or other similar basis. If a nation 
becomes certified as taking corrective action it would not be 
subject to the sanctions described above.
  The new section 609(e) would direct the Secretary to 
promulgate a definition of IUU fishing within three months of 
enactment. Such a definition would include: (1) fishing 
activities that violate IFMO agreements to which the United 
States is a party, (2) overfishing of fish stocks shared with 
the United States for which there are no international 
management measures or in areas not covered by an IFMO or 
agreement, and (3) fishing activity that has adverse impacts on 
seamounts, hydrothermal vents, and deep water corals located 
beyond national jurisdiction for which there are no applicable 
management measures or in areas with no applicable IFMO or 
agreement. The Secretary would be authorized to receive such 
sums as necessary to carry out section 609 for FY 2006 through 
2012.
  Equivalent conservation measures.--New section 610 would 
establish a similar listing procedure to section 609 for 
nations that fail to end or reduce bycatch of protected living 
marine resources by using regulatory measures that are 
comparable to those of the United States, taking into account 
different conditions. The section would define a protected 
living marine resource as non-target fish, marine mammals, or 
sea turtles in areas beyond U.S. jurisdiction that are 
protected under U.S. law or international agreement. This 
definition includes sharks, but does not include any other fish 
species managed under the Magnuson-Stevens Act, Atlantic Tunas 
Convention Act, or another IFMO.
  To be listed in the Report: (1) vessels of that nation must 
have been engaged in fishing practices during the past year 
that result in bycatch of a protected marine resource, (2) the 
relevant international or regional organization must have 
failed to implement effective measures to end or reduce the 
impacts, and (3) the nation in question must have failed to 
adopt a regulatory program governing such practices that is 
comparable to that of the United States. The notification, 
consultation, sanctions, and certification provisions of this 
section are all similar to those of section 609 except that the 
Secretary must seek international agreements for restricting 
fishing practices that result in the bycatch of protected 
marine resources through the United Nations Food and 
Agriculture Organization as well as the relevant IFMO. The 
Secretary must also seek the amendment of any relevant 
international treaty to ensure that it is consistent with the 
requirements of this section. In certifying a nation as taking 
corrective action, the Secretary must ensure that the nation in 
question is taking measures to maximize the probability of 
post-release survival, including the mandatory use of circle 
hooks in pelagic longline fishing.
  This section would also require the Secretary to assist 
nations in achieving certification, including by undertaking 
cooperative research activities, facilitating the transfer of 
appropriate technology, and designing and implementing fish 
harvesting plans. The Secretary would be authorized to receive 
such sums as are necessary for FY 2006 through 2012 to carry 
out this section.
Sec. 404. Monitoring of Pacific insular area fisheries.
  Section 404 would amend sections 201(h)(2)(B) and 
204(e)(4)(A)(i) of the Magnuson-Stevens Act. These sections 
concern observer coverage of foreign fishing under a Pacific 
insular area fishery agreement. The amendments would allow 
foreign fishing under such an agreement to be monitored by any 
program that the Secretary determines is adequate to monitor 
harvest, bycatch, and compliance with U.S. laws. The existing 
law appears to require 100 percent observer coverage in these 
fisheries, and some foreign nations have expressed concern over 
the high cost of maintaining that level of coverage. These 
changes would recognize that automated vessel monitoring 
systems have become a valuable tool that can effectively 
complement an observer program, thus enabling foreign fishing 
to be monitored successfully at a lower cost.
Section 405. Reauthorization of the Atlantic Tunas Convention Act.
  This section would reauthorize the Atlantic Tunas Convention 
Act (ATCA) for $5,495 million in FY 2006, $5,770 million for 
each of FY 2007 and 2008, $6,058 million for each of FY 2009 
and 2010; and $6,361 million for each of FY 2011 and 2012. 
These funding levels represent a 5 percent increase per year. 
Of the total authorization, $160,000 per year would be 
allocated to the advisory committee established under ATCA and 
$4,500 million per year would be allocated to research 
activities. This section would also establish a cooperative 
research program on Atlantic billfish that would be allocated 
$3 million based on the Atlantic Billfish Research Plan of 
2002. This program would be established at the Southeast 
Fisheries Science Center.
Section 406. International overfishing and domestic equity.
  Section 406(a) would amend section 304(e) of the Magnuson-
Stevens Act which addresses rebuilding in overfished fisheries. 
The amendment would add a new subsection 304(e)(8) to address a 
situation in which a fishery is overfished due to international 
fishing pressure and for which no international agreement or 
measures exist to end overfishing. In this event, the provision 
would direct the Secretary to seek international action to end 
overfishing. The relevant Council would also be directed to 
recommend regulations for U.S. fishermen relative to their 
impact on the fishery and to provide recommendations for 
international action.
  Section 406(b) would amend section 304(g)(2) of the Magnuson-
Stevens Act which states that any highly migratory species 
managed by the Secretary or pursuant to the ATCA that are 
caught and released as part of a tagging study shall not be 
considered bycatch. The amendment would expand this exemption 
to highly migratory species managed by a Council or pursuant to 
the Western and Central Pacific Fisheries Convention 
Implementation Act described in title V.

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

  Title V contains the Western and Central Pacific Fisheries 
Convention Implementation Act (WCPFC Implementation Act), which 
is legislation to implement the Convention on the Conservation 
and Management of Highly Migratory Stocks in the Western and 
Central Pacific Ocean (Convention), adopted on September 5, 
2000 in Honolulu, Hawaii. The Convention, which the United 
States signed in 2000, became effective on June 19, 2004 prior 
to U.S. ratification. The President transmitted the Convention 
to the Senate on May 16, 2005, and the Senate provided its 
advice and consent on November 17, 2005.
  The objective of the Convention is to ensure the long-term 
conservation and sustainable use of tuna and other highly 
migratory stocks in the Western and Central Pacific Ocean, and 
also will be an important tool in helping to reduce the impact 
of fishing for such stocks on non-target species. The 
Convention adopts provisions that implement key aspects of the 
1995 United Nations Fish Stocks Agreement, including provisions 
on compliance and enforcement, and bycatch of non-target 
species.
  Section 501 sets forth the title of the legislation, and 
section 502 sets forth the definitions for terms used in the 
WCPFC Implementation Act, including ``Convention Area,'' which 
is the same as that which appears in the Convention, and 
``highly migratory fish stocks,'' which tracks the definition 
in the United States Convention on the Law of the Sea. Examples 
of highly migratory species include tuna, swordfish, marlin and 
related highly migratory species.
  Section 503 would set forth the President's authority to 
nominate five commissioners (and alternates) to represent the 
United States on the Convention's governing Commission, as well 
as their status and associated administrative matters. The 
section would direct that one commissioner be an officer or 
employee of the Department of Commerce (e.g., of NMFS), to 
ensure the U.S. government is represented. Another commissioner 
position is set aside for the Chairman or a sitting member of 
the Western Pacific Council, which has authority under the 
Magnuson-Stevens Act over development of FMPs for vessels of 
the United States fishing for highly migratory species in the 
areas seaward of Hawaii and U.S. Pacific island areas, 
including, American Samoa, Guam, and the Northern Mariana 
Islands. The Committee expects the Commissioners to include 
representatives of each of the harvesting sectors participating 
in the fisheries of the Convention Area, which should also 
provide geographic diversity among the Commissioners.
  Section 503 (d) would authorize U.S. Commission members to 
appoint an Advisory Committee and establishes the status, 
terms, and responsibilities of such a Committee. Section 503 
(f) would provide for the development of a memorandum of 
understanding (MOU) among the Secretary, the Secretary of 
State, and the three Councils in the Pacific, setting forth a 
clear understanding of the roles of the respective Councils in 
international fishery management discussions relating to stocks 
under Council jurisdiction, as well as with respect to 
development of domestic fishing regulations for such stocks 
that are consistent with international management actions.
  Section 504 authorizes the Secretary of State, in 
consultation with the Secretary and the U.S. commissioners, to 
approve or disapprove acts of the Commission and act on them 
either directly or by referral to the appropriate authority. 
Section 505 would authorize the Secretary, in consultation with 
the Coast Guard and the appropriate Councils, to implement and 
enforce the provisions, and any regulations issued under, the 
WCPFC Implementation Act. Consistent with practice in other 
regions of the country, implementation of any discretionary 
provisions of the Convention relating to stocks under Council 
jurisdiction could be made, to the extent practicable and 
within necessary timelines, under procedures used in the 
Magnuson-Stevens Act.
  Section 506 would set forth other authorities of the 
Secretary under the WCPFC Implementation Act, including all 
relevant research, permitting, and enforcement pursuant. 
Subsection (b) would provide that all violations of the WCPFC 
Implementation Act shall be prosecuted in the same manner, by 
the same means, and with the same powers provided to the 
Secretary under the Magnuson-Stevens Act, and section 507(b) 
would state that any violation of the WCPFC Implementation Act 
shall be enforced as if it were a violation of section 307 
(Prohibited Acts) of the Magnuson-Stevens Act.
  Section 508 would authorize the Commissioners, through the 
Secretary of State and with the concurrence of the Secretary or 
other organization involved, to cooperate with Federal, State, 
and private institutions and organizations to carry out their 
duties under the Convention.
  Section 509 would direct the Secretary of State to ensure 
participation by American Samoa, Guam, and the Northern Mariana 
Islands to the same extent provided to territories of other 
nations. Finally, section 510 would authorize to the Secretary 
such sums as may be necessary for implementation of the WCPFC 
Implementation Act.

                       TITLE VI--PACIFIC WHITING

  Title VI implements the terms of the Agreement on Pacific 
Hake/Whiting as signed by the United States and Canada in 
November, 2003 (Agreement). It shall be known as the Pacific 
Whiting Act of 2005 (Pacific Whiting Act).
  Section 601 sets out the title of the legislation, and 
section 602 provides a list of definitions used in the Pacific 
Whiting Act, including ``offshore whiting resource,'' which is 
defined as the transboundary stock of whiting excluding that 
portion of the stock located in Puget Sound and the Strait of 
Georgia.
  Sections 603 through 606 would authorize the Secretary, in 
consultation with the Secretary of State, to appoint U.S. 
representatives to the various groups and committees authorized 
by the Agreement. Section 603 would authorize the appointment 
of four U.S. members of the joint management committee. These 
representatives would include an official of NOAA, a member of 
the Pacific Council, one member from a list submitted by the 
treaty Indian tribes with rights to the offshore whiting 
resource, and one appointee from the commercial fishing sector. 
The term of office for each member would be 4 years. Section 
604 would authorize the appointment of not more than two 
scientific experts to the scientific review group for renewable 
terms of not more than four years. Section 605 would authorize 
the appointment of between six and twelve U.S. members to serve 
as scientific experts on the joint technical committee, 
including at least one NOAA official. Section 606 would 
authorize appointment of between six and twelve members of the 
advisory panel. These members shall have knowledge of or 
experience with the offshore whiting resource, and shall not be 
U.S. employees.
  Section 607 would authorize the Secretary, in conjunction 
with the Secretary of State, to accept or reject 
recommendations of the joint management committee. Section 
607(b) would authorize the Secretary to promulgate regulations 
and cooperate with Canadian officials.
  Section 608 would require the Secretary to establish a catch 
level for Pacific whiting according to the standards of the 
agreement but, otherwise, to manage the Pacific whiting fishery 
according to the standards set forth in the Magnuson-Stevens 
Act. The agreement stipulates that the Secretary shall set the 
annual catch level in accordance with the recommendations of 
the joint management committee in years when both Canadian and 
U.S. members of the Committee agree on the appropriate level. 
In years when no agreement is reached, the Secretary shall set 
a catch level such that it: (1) takes into account the 
recommendations of the Pacific Council, (2) uses the best 
scientific information available, and (3) is based on the 
default total allowable catch and allocation rules set forth in 
the Agreement.
  Section 609 would deal with administrative matters such as 
employment status of Commissioners and their compensation.
  Section 610 would authorize the Secretary to enforce the 
provisions of this title, including prosecution of all 
violations under the authority of the Magnuson-Stevens Act. 
Finally, section 611 would authorize appropriation of such sums 
as may be necessary for the implementation of the Pacific 
Whiting Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  NORTHERN PACIFIC HALIBUT ACT OF 1982

SEC. 8. CIVIL PENALTY; PROCEDURE.

                            [16 U.S.C. 773f]

  (a) Liability; Continuing Violations; Notice; Determination 
of Amount.--Any person who is found by the Secretary, after 
notice and opportunity for a hearing in accordance with section 
554 of title 5, United States Code, to have committed an act 
prohibited by section 7 shall be liable to the United States 
for a civil penalty. The amount of the civil penalty shall not 
exceed [$25,000] $200,000 for each violation. Each day of a 
continuing violation shall constitute a separate offense. The 
amount of such civil penalty shall be assessed by the 
Secretary, or his designee, by written notice. In determining 
the amount of such penalty, the Secretary shall taken into 
account the nature, circumstances, extent, and gravity of the 
prohibited acts committed and, with respect to the [violation, 
the degree of culpability, and history of prior offenses, 
ability to pay,] violator, the degree of culpability, any 
history of prior offenses, and such other matters as justice 
may require. In assessing such penalty, the Secretary may also 
consider any information provided by the violator relating to 
the ability of the violator to pay if the information is 
provided to the Secretary at least 30 days prior to an 
administrative hearing.
  (b) Judicial Review.--Any person against whom a civil penalty 
is assessed under subsection (a) may obtain a review thereof in 
the appropriate court of the United States by filing a notice 
of appeal in such court within 30 days from the date of such 
order and by simultaneously sending a copy of such notice by 
certified mail to the Secretary and the Attorney General. The 
Secretary shall promptly file in such court a certified copy of 
the record upon which such violation was found or such penalty 
imposed, in accordance with rules prescribed pursuant to 
section 2112 of title 28, United States Code. The findings and 
order of the Secretary shall be set aside by such court if they 
are not found to be supported by substantial evidence, as 
provided in section 706(2) of title 5, United States Code.
  (c) Recovery of Assessed Penalties by Attorney General.--If 
any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the 
appropriate court has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the Attorney 
General of the United States, who shall recover the amount 
assessed in any validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  (d) Compromise, Modification, and Remission of Penalties.--
The Secretary may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
  (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.

SEC. 9. CRIMES AND CRIMINAL PENALTIES.

                            [16 U.S.C. 773g]

  (a) Offenses.--A person is guilty of any offense if he 
commits an act prohibited by section 7(a)(2), (3), (4), or (6); 
or section 7(b).
  (b) Fines; Imprisonment.--Any offense described in subsection 
(a) is punishable by a fine of not more than [$50,000] $200,000 
or imprisonment for not more than 6 months or both; except that 
if in the commission of any offense the person uses a dangerous 
weapon, engages in conduct that causes bodily injury to any 
officer authorized to enforce the provisions of this Act, or 
places any such officer in fear of imminent bodily injury the 
offense is punishable by a fine of not more than [$100,000,] 
$400,000, or imprisonment for not more than 10 years or both.

                 ATLANTIC TUNAS CONVENTION ACT of 1975

[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 971h]

  [(a) In General.--There are authorized to be appropriated 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, the following sums:
          [(1) For each of fiscal years 2003 and 2004, 
        $5,480,000.
          [(2) For each of fiscal years 2005 and 2006, 
        $5,495,000.
  [(b) Allocation.--Of amounts available under this section for 
each fiscal year--
          [(1) $150,000 are authorized for the advisory 
        committee established under section 4 and the species 
        working groups established under section 4A; and
          [(2) $4,240,000 are authorized for research 
        activities under this Act and the Act of September 4, 
        1980 (16 U.S.C. 971i).]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

                           PUBLIC LAW 96-339

SEC. 3. BIENNIAL REPORT ON BLUEFIN TUNA; HIGHLY MIGRATORY SPECIES 
                    RESEARCH AND MONITORING.

                            [16 U.S.C. 971i]

  (a) [Omitted. The report required by subsection (a) was 
terminated by section 3003 of the Federal Reports Elimination 
and Sunset Act of 1995 (31 U.S.C. 1113 note).]
  (b) Highly Migratory Species Research and Monitoring.--
          (1) Within 6 months after the date of enactment of 
        the Atlantic Tunas Convention Authorization Act of 
        1995, the Secretary of Commerce, in cooperation with 
        the advisory committee established under section 4 of 
        the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971b) and in consultation with the United States 
        Commissioners on the International Commission for the 
        Conservation of Atlantic Tunas (referred to elsewhere 
        in this section as the ``Commission'') and the 
        Secretary of State, shall develop and implement a 
        comprehensive research and monitoring program to 
        support the conservation and management of Atlantic 
        bluefin tuna and other highly migratory species that 
        shall--
                  (A) identify and define the range of stocks 
                of highly migratory species in the Atlantic 
                Ocean, including Atlantic bluefin tuna; and
                  (B) provide for appropriate participation by 
                nations which are members of the Commission.
          (2) The program shall provide for, but not be limited 
        to--
                  (A) statistically designed cooperative 
                tagging studies;
                  (B) genetic and biochemical stock analyses;
                  (C) population censuses carried out through 
                aerial surveys of fishing grounds and known 
                migration areas;
                  (D) adequate observer coverage and port 
                sampling of commercial and recreational fishing 
                activity;
                  (E) collection of comparable real-time data 
                on commercial and recreational catches and 
                landings through the use of permits, logbooks, 
                landing reports for charter operations and 
                fishing tournaments, and programs to provide 
                reliable reporting of the catch by private 
                anglers;
                  (F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly 
                migratory species;
                  (G) integration of data from all sources and 
                the preparation of data bases to support 
                management decisions; [and]
                  (H) include a cooperative research program on 
                Atlantic billfish based on the Southeast 
                Fisheries Science Center Atlantic Billfish 
                Research Plan of 2002; and
                  [(H)] (I) other research as necessary.
          (3) In developing a program under this section, the 
        Secretary shall--
                  (A) ensure that personnel and resources of 
                each regional research center shall have 
                substantial participation in the stock 
                assessments and monitoring of highly migratory 
                species that occur in the region;
                  (B) provide for comparable monitoring of all 
                United States fishermen to which the Atlantic 
                Tunas Convention Act of 1975 applies with 
                respect to effort and species composition of 
                catch and discards;
                  (C) consult with relevant Federal and State 
                agencies, scientific and technical experts, 
                commercial and recreational fishermen, and 
                other interested persons, public and private, 
                and shall publish a proposed plan in the 
                Federal Register for the purpose of receiving 
                public comment on the plan; and
                  (D) through the Secretary of State, encourage 
                other member nations to adopt a similar 
                program.

                     SHARK FINNING PROHIBITION ACT

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

                         [16 U.S.C. 1822 note]

  There are authorized to be appropriated to the Secretary of 
Commerce for [fiscal years 2001 through 2005] fiscal years 2006 
through 2010 such sums as are necessary to carry out this Act.

                 ATLANTIC STRIPED BASS CONSERVATION ACT

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.

                            [16 U.S.C. 5156]

  [(a) Authorization.--For each of fiscal years 2001, 2002, and 
2003, 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.]
  (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) Cooperative Agreements.--The Secretaries may enter into 
cooperative agreements with the Atlantic States Marine 
Fisheries Commission or with States, for the purpose of using 
amounts appropriated pursuant to this section to provide 
financial assistance for carrying out the purposes of this Act.

                     YUKON RIVER SALMON ACT OF 2000

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 5727]

  There are authorized to be appropriated to the Secretary of 
the Interior to carry out this title [$4,000,000 for each of 
fiscal years 2004 through 2008,] $4,000,000 for each of fiscal 
years 2006 through 2010, of which--
          (1) such sums as are necessary shall be available 
        each fiscal year for travel expenses of Panel members, 
        alternate Panel members, United States members of the 
        Joint Technical Committee established by paragraph C.2 
        of the memorandum of understanding concerning the 
        Pacific Salmon Treaty between the Government of the 
        United States and the Government of Canada (recorded 
        January 28, 1985), and members of an advisory committee 
        established and appointed under section 203, in 
        accordance with Federal Travel Regulations and sections 
        5701, 5702, 5704 through 5708, and 5731 of title 5, 
        United States Code;
          (2) such sums as are necessary shall be available for 
        the United States share of expenses incurred by the 
        Joint Technical Committee and any panel established by 
        any agreement between the Government of the United 
        States and the Government of Canada for restoration and 
        enhancement of salmon originating in Canada;
          (3) up to $3,000,000 shall be available each fiscal 
        year for activities by the Department of the Interior 
        and the Department of Commerce for survey, restoration, 
        and enhancement activities related to salmon stocks 
        originating from the Yukon River in Canada, of which up 
        to $1,200,000 shall be available each fiscal year for 
        Yukon River salmon stock restoration and enhancement 
        projects under section 207(b); and
          (4) $600,000 shall be available each fiscal year for 
        cooperative salmon research and management projects in 
        the portion of the Yukon River drainage located in the 
        United States that are recommended by the Panel.

                       SUSTAINABLE FISHERIES ACT

SEC. 111. PACIFIC COMMUNITY FISHERIES.

                         [16 U.S.C. 1855 note]

  (a) [Omitted. Subsection (a) amended section 305 of the 
Magnuson-Stevens Fishery Conservation and Management Act.]
  (b) Western Pacific Demonstration Projects.--(1) The 
Secretary of Commerce [and the Secretary of the Interior are] 
is authorized to make direct grants to eligible western Pacific 
communities, as recommended by the Western Pacific Fishery 
Management Council, for the purpose of establishing [not less 
than three and not more than five] fishery demonstration 
projects to foster and promote traditional indigenous fishing 
practices. There are authorized to be appropriated to carry out 
this section $500,000 for each fiscal year.
  (2) Demonstration projects funded pursuant to this subsection 
shall foster and promote the involvement of western Pacific 
communities in western Pacific fisheries and may--
          (A) identify and apply traditional indigenous fishing 
        practices;
          (B) develop or enhance western Pacific community-
        based fishing opportunities; and
          (C) involve research, community education, or the 
        acquisition of materials and equipment necessary to 
        carry out any such demonstration project.
  (3)(A) The Western Pacific Fishery Management Council, in 
consultation with the Secretary of Commerce, shall establish an 
advisory panel under section 302(g) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1852(g)) to 
evaluate, determine the relative merits of, and annually rank 
applications for such grants. The panel shall consist of not 
more than 8 individuals who are knowledgeable or experienced in 
traditional indigenous fishery practices of western Pacific 
communities and who are not members or employees of the Western 
Pacific Fishery Management Council.
          (B) If the Secretary of Commerce or the Secretary of 
        the Interior awards a grant for a demonstration project 
        not in accordance with the rank given to such project 
        by the advisory panel, the Secretary shall provide a 
        detailed written explanation of the reasons therefor.
  (4) The Western Pacific Fishery Management Council shall, 
with the assistance of such advisory panel, submit an annual 
report to the Congress assessing the status and progress of 
demonstration projects carried out under this subsection.
  (5) Appropriate Federal agencies may provide technical 
assistance to western Pacific community-based entities to 
assist in carrying out demonstration projects under this 
subsection.
  [(6) For the purposes of this subsection, ``western Pacific 
community'' shall mean a community eligible to participate 
under section 305(i)(2)(B) of the Magnuson-Stevens Fishery 
Conservation and Management Act, as amended by this Act.]
  (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)).

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

SEC. 2. FINDINGS, PURPOSES AND POLICY.

                            [16 U.S.C. 1801]

  (a) Findings.--The Congress finds and declares the following:
          (1) The fish off the coasts of the United States, the 
        highly migratory species of the high seas, the species 
        which dwell on or in the Continental Shelf appertaining 
        to the United States, and the anadromous species which 
        spawn in United States rivers or estuaries, constitute 
        valuable and renewable natural resources. These fishery 
        resources contribute to the food supply, economy, and 
        health of the Nation and provide recreational 
        opportunities.
          (2) Certain stocks of fish have declined to the point 
        where their survival is threatened, and other stocks of 
        fish have been so substantially reduced in number that 
        they could become similarly threatened as a consequence 
        of (A) increased fishing pressure, (B) the inadequacy 
        of fishery resource conservation and management 
        practices and controls, or (C) direct and indirect 
        habitat losses which have resulted in a diminished 
        capacity to support existing fishing levels.
          (3) Commercial and recreational fishing constitutes a 
        major source of employment and contributes 
        significantly to the economy of the Nation. Many 
        coastal areas are dependent upon fishing and related 
        activities, and their economies have been badly damaged 
        by the overfishing of fishery resources at an ever-
        increasing rate over the past decade. The activities of 
        massive foreign fishing fleets in waters adjacent to 
        such coastal areas have contributed to such damage, 
        interfered with domestic fishing efforts, and caused 
        destruction of the fishing gear of United States 
        fishermen.
          (4) International fishery agreements have not been 
        effective in preventing or terminating the overfishing 
        of these valuable fishery resources. There is danger 
        that irreversible effects from overfishing will take 
        place before an effective international agreement on 
        fishery management jurisdiction can be negotiated, 
        signed, ratified, and implemented.
          (5) Fishery resources are finite but renewable. If 
        placed under sound management before overfishing has 
        caused irreversible effects, the fisheries can be 
        conserved and maintained so as to provide optimum 
        yields on a continuing basis.
          (6) A national program for the conservation and 
        management of the fishery resources of the United 
        States is necessary to prevent overfishing, to rebuild 
        overfished stocks, to insure conservation, to 
        facilitate long-term protection of essential fish 
        habitats, and to realize the full potential of the 
        Nation's fishery resources.
          (7) A national program for the development of 
        fisheries which are underutilized or not utilized by 
        the United States fishing industry, including bottom 
        fish off Alaska, is necessary to assure that our 
        citizens benefit from the employment, food supply, and 
        revenue which could be generated thereby.
          (8) The collection of reliable data is essential to 
        the effective conservation, management, and scientific 
        understanding of the fishery resources of the United 
        States.
          (9) One of the greatest long-term threats to the 
        viability of commercial and recreational fisheries is 
        the continuing loss of marine, estuarine, and other 
        aquatic habitats. Habitat considerations should receive 
        increased attention for the conservation and management 
        of fishery resources of the United States.
          (10) Pacific Insular Areas contain unique historical, 
        cultural, legal, political, and geographical 
        circumstances which make fisheries resources important 
        in sustaining their economic growth.
          (11) A number of the Fishery Management Councils have 
        demonstrated significant progress in integrating 
        ecosystem considerations in fisheries management using 
        the existing authorities provided under this Act.
          (12) International cooperation is necessary to 
        address illegal, unreported, and unregulated fishing 
        and other fishing practices which may harm the 
        sustainability of living marine resources and 
        disadvantage the United States fishing industry.
  (b) Purposes.--It is therefore declared to be the purposes of 
the Congress in this Act--
          (1) to take immediate action to conserve and manage 
        the fishery resources found off the coasts of the 
        United States, and the anadromous species and 
        Continental Shelf fishery resources of the United 
        States, by exercising (A) sovereign rights for the 
        purposes of exploring, exploiting, conserving, and 
        managing all fish, within the exclusive economic zone 
        established by Presidential Proclamation 5030, dated 
        March 10, 1983, and (B) exclusive fishery management 
        authority beyond the exclusive economic zone over such 
        anadromous species and Continental Shelf fishery 
        resources;
          (2) to support and encourage the implementation and 
        enforcement of international fishery agreements for the 
        conservation and management of highly migratory 
        species, and to encourage the negotiation and 
        implementation of additional such agreements as 
        necessary;
          (3) to promote domestic commercial and recreational 
        fishing under sound conservation and management 
        principles, including the promotion of catch and 
        release programs in recreational fishing;
          (4) to provide for the preparation and 
        implementation, in accordance with national standards, 
        of fishery management plans which will achieve and 
        maintain, on a continuing basis, the optimum yield from 
        each fishery;
          (5) to establish Regional Fishery Management Councils 
        to exercise sound judgment in the stewardship of 
        fishery resources through the preparation, monitoring, 
        and revision of such plans under circumstances (A) 
        which will enable the State, the fishing industry, 
        consumer and environmental organizations, and other 
        interested persons to participate in, and advise on, 
        the establishment and administration of such plans, and 
        (B) which take into account the social and economic 
        needs of the States;
          (6) to encourage the development by the United States 
        fishing industry of fisheries which are currently 
        underutilized or not utilized by United States 
        fishermen, including bottom fish off Alaska, and to 
        that end, to ensure that optimum yield determinations 
        promote such development in a non-wasteful manner; and
          (7) to promote the protection of essential fish 
        habitat in the review of projects conducted under 
        Federal permits, licenses, or other authorities that 
        affect or have the potential to affect such habitat.
  (c) Policy.--It is further declared to be the policy of the 
Congress in this Act--
          (1) to maintain without change the existing 
        territorial or other ocean jurisdiction of the United 
        States for all purposes other than the conservation and 
        management of fishery resources, as provided for in 
        this Act;
          (2) to authorize no impediment to, or interference 
        with, recognized legitimate uses of the high seas, 
        except as necessary for the conservation and management 
        of fishery resources, as provided for in this Act;
          (3) to assure that the national fishery conservation 
        and management program utilizes, and is based upon, the 
        best scientific information available; involves, and is 
        responsive to the needs of, interested and affected 
        States and citizens; considers efficiency; draws upon 
        Federal, State, and academic capabilities in carrying 
        out research, administration, management, and 
        enforcement; considers the effects of fishing on 
        immature fish and encourages development of practical 
        measures that minimize bycatch and avoid unnecessary 
        waste of fish; and is workable and effective;
          (4) to permit foreign fishing consistent with the 
        provisions of this Act;
          (5) to support and encourage active United States 
        efforts to obtain internationally acceptable agreements 
        which provide for effective conservation and management 
        of fishery resources, and to secure agreements to 
        regulate fishing by vessels or persons beyond the 
        exclusive economic zones of any nation;
          (6) to foster and maintain the diversity of fisheries 
        in the United States; and
          (7) to ensure that the fishery resources adjacent to 
        a Pacific Insular Area, including resident or migratory 
        stocks within the exclusive economic zone adjacent to 
        such areas, be explored, developed, conserved, and 
        managed for the benefit of the people of such area and 
        of the United States.

SEC. 3. DEFINITIONS.

                            [16 U.S.C. 1802]

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

[SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 1803]

  [There are authorized to be appropriated to the Secretary for 
the purposes of carrying out the provisions of this Act, not to 
exceed the following sums:
          [(1) $147,000,000 for fiscal year 1996;
          [(2) $151,000,000 for fiscal year 1997;
          [(3) $155,000,000 for fiscal year 1998; and
          [(4) $159,000,000 for fiscal year 1999.]

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.

           *       *       *       *       *       *       *


SEC. 102. HIGHLY MIGRATORY SPECIES.

                            [16 U.S.C. 1812]

  (a) In General._The United States shall cooperate directly or 
through appropriate international organizations with those 
nations involved in fisheries for highly migratory species with 
a view to ensuring conservation and shall promote the 
achievement of optimum yield of such species throughout their 
range, both within and beyond the exclusive economic zone.
  (b) Traditional Participation.--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. 201. FOREIGN FISHING.

                            [16 U.S.C. 1821]

  (a) In General.--After February 28, 1977, no foreign fishing 
is authorized within the exclusive economic zone, or for 
anadromous species or Continental Shelf fishery resources 
beyond the exclusive economic zone, unless such foreign 
fishing--
          (1) is authorized under subsections (b) or (c) or 
        section 204(e), or under a permit issued under section 
        204(d);
          (2) is not prohibited under subsection (f); and
          (3) is conducted under, and in accordance with, a 
        valid and applicable permit issued pursuant to section 
        204.
  (b) Existing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (subject to the 
provisions of section 202(b) or (c), if such agreement--
          (1) was in effect on the date of enactment of this 
        Act; and
          (2) has not expired, been renegotiated, or otherwise 
        ceased to be of force and effect with respect to the 
        United States.
  (c) Governing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (other than a treaty) 
which meets the requirements of this subsection if such 
agreement becomes effective after application of section 203. 
Any such international fishery agreement shall hereafter in 
this Act be referred to as a ``governing international fishery 
agreement''. Each governing international fishery agreement 
shall acknowledge the exclusive fishery management authority of 
the United States, as set forth in this Act. It is the sense of 
the Congress that each such agreement shall include a binding 
commitment, on the part of such foreign nation and its fishing 
vessels, to comply with the following terms and conditions:
          (1) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by all regulations promulgated by the 
        Secretary pursuant to this Act, including any 
        regulations promulgated to implement any applicable 
        fishery management plan or any preliminary fishery 
        management plan.
          (2) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by the requirement that--
                  (A) any officer authorized to enforce the 
                provisions of this Act (as provided for in 
                section 311) be permitted--
                          (i) to board, and search or inspect, 
                        any such vessel at any time,
                          (ii) to make arrests and seizures 
                        provided for in section 311(b) whenever 
                        such officer has reasonable cause to 
                        believe, as a result of such a search 
                        or inspection, that any such vessel or 
                        any person has committed an act 
                        prohibited by section 307, and
                          (iii) to examine and make notations 
                        on the permit issued pursuant to 
                        section 204 for such vessel;
                  (B) the permit issued for any such vessel 
                pursuant to section 204 be prominently 
                displayed in the wheelhouse of such vessel;
                  (C) transponders, or such other appropriate 
                position-fixing and identification equipment as 
                the Secretary of the department in which the 
                Coast Guard is operating determines to be 
                appropriate, be installed and maintained in 
                working order on each such vessel;
                  (D) United States observers required under 
                subsection (h) be permitted to be stationed 
                aboard any such vessel and that all of the 
                costs incurred incident to such stationing, 
                including the costs of data editing and entry 
                and observer monitoring, be paid for, in 
                accordance with such subsection, by the owner 
                or operator of the vessel;
                  (E) any fees required under section 
                204(b)(10) be paid in advance;
                  (F) agents be appointed and maintained within 
                the United States who are authorized to receive 
                and respond to any legal process issued in the 
                United States with respect to such owner or 
                operator; and
                  (G) responsibility be assumed, in accordance 
                with any requirements prescribed by the 
                Secretary, for the reimbursement of United 
                States citizens for any loss of, or damage to, 
                their fishing vessels, fishing gear, or catch 
                which is caused by any fishing vessel of that 
                nation; and will abide by any other monitoring, 
                compliance, or enforcement requirement related 
                to fishery conservation and management which is 
                included in such agreement.
          (3) The foreign nation and the owners or operators of 
        all of the fishing vessels of such nation shall not, in 
        any year, harvest an amount of fish which exceeds such 
        nation's allocation of the total allowable level of 
        foreign fishing, as determined under subsection (e).
          (4) The foreign nation will--
                  (A) apply, pursuant to section 204, for any 
                required permits;
                  (B) deliver promptly to the owner or operator 
                of the appropriate fishing vessel any permit 
                which is issued under that section for such 
                vessel;
                  (C) abide by, and take appropriate steps 
                under its own laws to assure that all such 
                owners and operators comply with, section 
                204(a) and the applicable conditions and 
                restrictions established under section 
                204(b)(7); and
                  (D) take, or refrain from taking, as 
                appropriate, actions of the kind referred to in 
                subsection (e)(1) in order to receive favorable 
                allocations under such subsection.
  (d) Total Allowable Level of Foreign Fishing.--The total 
allowable level of foreign fishing, if any, with respect to any 
fishery subject to the exclusive fishery management authority 
of the United States, [shall be] is that portion of the optimum 
yield of such fishery which [will not] cannot, or will not, be 
harvested by vessels of the United States, as determined in 
accordance with this Act. Allocations of the total allowable 
level of foreign fishing are discretionary, except that the 
total allowable level shall be zero for fisheries determined by 
the Secretary to have adequate or excess harvest capacity.
  (e) Allocation of Allowable Level.--
          (1)(A) The Secretary of State, in cooperation with 
        the Secretary, may make allocations to foreign nations 
        from the total allowable level of foreign fishing which 
        is permitted with respect to each fishery subject to 
        the exclusive fishery management authority of the 
        United States.
                  (B) From the determinations made under 
                subparagraph (A), the Secretary of State shall 
                compute the aggregate of all of the fishery 
                allocations made to each foreign nation.
                  (C) The Secretary of State shall initially 
                release to each foreign nation for harvesting 
                up to 50 percent of the allocations aggregate 
                computed for such nation under subparagraph 
                (B), and such release of allocation shall be 
                apportioned by the Secretary of State, in 
                cooperation with the Secretary, among the 
                individual fishery allocations determined for 
                that nation under subparagraph (A). The basis 
                on which each apportionment is made under this 
                subparagraph shall be stated in writing by the 
                Secretary of State.
                  (D) After the initial release of fishery 
                allocations under subparagraph (C) to a foreign 
                nation, any subsequent release of an allocation 
                for any fishery to such nation shall only be 
                made--
                          (i) after the lapse of such period of 
                        time as may be sufficient for purposes 
                        of making the determination required 
                        under clause (ii); and
                          (ii) if the Secretary of State and 
                        the Secretary, after taking into 
                        account the size of the allocation for 
                        such fishery and the length and timing 
                        of the fishing season, determine in 
                        writing that such nation is complying 
                        with the purposes and intent of this 
                        paragraph with respect to such fishery. 
                        If the foreign nation is not determined 
                        under clause (ii) to be in such 
                        compliance, the Secretary of State 
                        shall reduce, in a manner and quantity 
                        he considers to be appropriate (I) the 
                        remainder of such allocation, or (II) 
                        if all of such allocation has been 
                        released, the next allocation of such 
                        fishery, if any, made to such nation.
                  (E) The determinations required to be made 
                under subparagraphs (A) and (D)(ii), and the 
                apportionments required to be made under 
                subparagraph (C), with respect to a foreign 
                nation shall be based on--
                          (i) whether, and to what extent, such 
                        nation imposes tariff barriers or 
                        nontariff barriers on the importation, 
                        or otherwise restricts the market 
                        access, of both United States fish and 
                        fishery products, particularly fish and 
                        fishery products for which the foreign 
                        nation has requested an allocation;
                          (ii) whether, and to what extent, 
                        such nation is cooperating with the 
                        United States in both the advancement 
                        of existing and new opportunities for 
                        fisheries exports from the United 
                        States through the purchase of fishery 
                        products from United States processors, 
                        and the advancement of fisheries trade 
                        through the purchase of fish and 
                        fishery products from United States 
                        fishermen, particularly fish and 
                        fishery products for which the foreign 
                        nation has requested an allocation;
                          (iii) whether, and to what extent, 
                        such nation and the fishing fleets of 
                        such nation have cooperated with the 
                        United States in the enforcement of 
                        United States fishing regulations;
                          (iv) whether, and to what extent, 
                        such nation requires the fish harvested 
                        from the exclusive economic zone for 
                        its domestic consumption;
                          (v) whether, and to what extent, such 
                        nation otherwise contributes to, or 
                        fosters the growth of, a sound and 
                        economic United States fishing 
                        industry, including minimizing gear 
                        conflicts with fishing operations of 
                        United States fishermen, and 
                        transferring harvesting or processing 
                        technology which will benefit the 
                        United States fishing industry;
                          (vi) whether, and to what extent, the 
                        fishing vessels of such nation have 
                        traditionally engaged in fishing in 
                        such fishery;
                          (vii) whether, and to what extent, 
                        such nation is cooperating with the 
                        United States in, and making 
                        substantial contributions to, fishery 
                        research and the identification of 
                        fishery resources; and
                          (viii) such other matters as the 
                        Secretary of State, in cooperation with 
                        the Secretary, deems appropriate.
          (2)(A) For the purposes of this paragraph--
                          (i) The term ``certification'' means 
                        a certification made by the Secretary 
                        that nationals of a foreign country, 
                        directly or indirectly, are conducting 
                        fishing operations or engaging in trade 
                        or taking which diminishes the 
                        effectiveness of the International 
                        Convention for the Regulation of 
                        Whaling. A certification under this 
                        section shall also be deemed a 
                        certification for the purposes of 
                        section 8(a) of the Fishermen's 
                        Protective Act of 1967 (22 U.S.C. 
                        1978(a)).
                          (ii) The term ``remedial period'' 
                        means the 365-day period beginning on 
                        the date on which a certification is 
                        issued with respect to a foreign 
                        country.
                  (B) If the Secretary issues a certification 
                with respect to any foreign country, then each 
                allocation under paragraph (1) that--
                          (i) is in effect for that foreign 
                        country on the date of issuance; or
                          (ii) is not in effect on such date 
                        but would, without regard to this 
                        paragraph, be made to the foreign 
                        country within the remedial period; 
                        shall be reduced by the Secretary of 
                        State, in consultation with the 
                        Secretary, by not less than 50 percent.
                  (C) The following apply for purposes of 
                administering subparagraph (B) with respect to 
                any foreign country:
                          (i) If on the date of certification, 
                        the foreign country has harvested a 
                        portion, but not all, of the quantity 
                        of fish specified under any allocation, 
                        the reduction under subparagraph (B) 
                        for that allocation shall be applied 
                        with respect to the quantity not 
                        harvested as of such date.
                          (ii) If the Secretary notified the 
                        Secretary of State that it is not 
                        likely that the certification of the 
                        foreign country will be terminated 
                        under section 8(d) of the Fishermen's 
                        Protective Act of 1967 before the close 
                        of the period for which an allocation 
                        is applicable or before the close of 
                        the remedial period (whichever close 
                        first occurs) the Secretary of State, 
                        in consultation with the Secretary, 
                        shall reallocate any portion of any 
                        reduction made under subparagraph (B) 
                        among one or more foreign countries for 
                        which no certification is in effect.
                          (iii) If the certification is 
                        terminated under such section 8(d) 
                        during the remedial period, the 
                        Secretary of State shall return to the 
                        foreign country that portion of any 
                        allocation reduced under subparagraph 
                        (B) that was not reallocated under 
                        clause (ii); unless the harvesting of 
                        the fish covered by the allocation is 
                        otherwise prohibited under this Act.
                          (iv) The Secretary may refund or 
                        credit, by reason of reduction of any 
                        allocation under this paragraph, any 
                        fee paid under section 204.
                  (D) If the certification of a foreign country 
                is not terminated under section 8(d) of the 
                Fishermen's Protective Act of 1967 before the 
                close of the last day of the remedial period, 
                the Secretary of State--
                          (i) with respect to any allocation 
                        made to that country and in effect (as 
                        reduced under subparagraph (B)) on such 
                        last day, shall rescind, effective on 
                        and after the day after such last day, 
                        any harvested portion of such 
                        allocation; and
                          (ii) may not thereafter make any 
                        allocation to that country under 
                        paragraph (1) until the certification 
                        is terminated.
  (f) Reciprocity.--Foreign fishing shall not be authorized for 
the fishing vessels of any foreign nation unless such nation 
satisfies the Secretary and the Secretary of State that such 
nation extends substantially the same fishing privileges to 
fishing vessels of the United States, if any, as the United 
States extends to foreign fishing vessels.
  (g) Preliminary Fishery Management Plans.--The Secretary, 
when notified by the Secretary of State that any foreign nation 
has submitted an application under section 204(b), shall 
prepare a preliminary fishery management plan for any fishery 
covered by such application if the Secretary determines that no 
fishery management plan for that fishery will be prepared and 
implemented, pursuant to title III, before March 1, 1977. To 
the extent practicable, each such plan--
          (1) shall contain a preliminary description of the 
        fishery and a preliminary determination as to--
                  (A) the optimum yield from such fishery;
                  (B) when appropriate, the capacity and extent 
                to which United States fish processors will 
                process that portion of such optimum yield that 
                will be harvested by vessels of the United 
                States; and
                  (C) the total allowable level of foreign 
                fishing with respect to such fishery;
          (2) shall require each foreign fishing vessel engaged 
        or wishing to engage in such fishery to obtain a permit 
        from the Secretary;
          (3) shall require the submission of pertinent data to 
        the Secretary, with respect to such fishery, as 
        described in section 303(a)(5); and
          (4) may, to the extent necessary to prevent 
        irreversible effects from overfishing, with respect to 
        such fishery, contain conservation and management 
        measures applicable to foreign fishing which--
                  (A) are determined to be necessary and 
                appropriate for the conservation and management 
                of such fishery,
                  (B) are consistent with the national 
                standards, the other provisions of this Act, 
                and other applicable law, and
                  (C) are described in section 303(b)(2), (3), 
                (4), (5), and (7).
  Each preliminary fishery management plan shall be in effect 
with respect to foreign fishing for which permits have been 
issued until a fishery management plan is prepared and 
implemented, pursuant to title III, with respect to such 
fishery. The Secretary may, in accordance with section 553 of 
title 5, United States Code, also prepare and promulgate 
interim regulations with respect to any such preliminary plan. 
Such regulations shall be in effect until regulations 
implementing the applicable fishery management plan are 
promulgated pursuant to section 305.
  (h) Full Observer Coverage Program.--
            (1)(A) Except as provided in paragraph (2), the 
        Secretary shall establish a program under which a 
        United States observer will be stationed aboard each 
        foreign fishing vessel while that vessel is engaged in 
        fishing within the exclusive economic zone.
                  (B) The Secretary shall by regulation 
                prescribe minimum health and safety standards 
                that shall be maintained aboard each foreign 
                fishing vessel with regard to the facilities 
                provided for the quartering of, and the 
                carrying out of observer functions by, United 
                States observers.
          (2) The requirement in paragraph (1) that a United 
        States observer be placed aboard each foreign fishing 
        vessel may be waived by the Secretary if he finds 
        that--
                  (A) in a situation where a fleet of 
                harvesting vessels transfers its catch taken 
                within the exclusive economic zone to another 
                vessel, aboard which is a United States 
                observer, the stationing of United States 
                observers on only a portion of the harvesting 
                vessel fleet will provide a representative 
                sampling of the by-catch of the fleet that is 
                sufficient for purposes of determining whether 
                the requirements of the applicable management 
                plans for the by-catch species are being 
                complied with;
                  (B) in a situation where the foreign fishing 
                vessel is operating under a Pacific Insular 
                Area fishing agreement, the Governor of the 
                applicable Pacific Insular Area, in 
                consultation with the Western Pacific Council, 
                has established an observer coverage program 
                [that is at least equal in effectiveness to the 
                program established by the Secretary;] 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;
                  (C) the time during which a foreign fishing 
                vessel will engage in fishing within the 
                exclusive economic zone will be of such short 
                duration that the placing of a United States 
                observer aboard the vessel would be 
                impractical; or
                  (D) for reasons beyond the control of the 
                Secretary, an observer is not available.
          (3) Observers, while stationed aboard foreign fishing 
        vessels, shall carry out such scientific, compliance 
        monitoring, and other functions as the Secretary deems 
        necessary or appropriate to carry out the purposes of 
        this Act; and shall cooperate in carrying out such 
        other scientific programs relating to the conservation 
        and management of living resources as the Secretary 
        deems appropriate.
          (4) In addition to any fee imposed under section 
        204(b)(10) of this Act and section 10(e) of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1980(e)) 
        with respect to foreign fishing for any year after 
        1980, the Secretary shall impose, with respect to each 
        foreign fishing vessel for which a permit is issued 
        under such section 204, a surcharge in an amount 
        sufficient to cover all the costs of providing a United 
        States observer aboard that vessel. The failure to pay 
        any surcharge imposed under this paragraph shall be 
        treated by the Secretary as a failure to pay the permit 
        fee for such vessel under section 204(b)(10). All 
        surcharges collected by the Secretary under this 
        paragraph shall be deposited in the Foreign Fishing 
        Observer Fund established by paragraph (5).
          (5) There is established in the Treasury of the 
        United States the Foreign Fishing Observer Fund. The 
        Fund shall be available to the Secretary as a revolving 
        fund for the purpose of carrying out this subsection. 
        The Fund shall consist of the surcharges deposited into 
        it as required under paragraph (4). All payments made 
        by the Secretary to carry out this subsection shall be 
        paid from the Fund, only to the extent and in the 
        amounts provided for in advance in appropriation Acts. 
        Sums in the Fund which are not currently needed for the 
        purposes of this subsection shall be kept on deposit or 
        invested in obligations of, or guaranteed by, the 
        United States.
          (6) If at any time the requirement set forth in 
        paragraph (1) cannot be met because of insufficient 
        appropriations, the Secretary shall, in implementing a 
        supplementary observer program:
                  (A) certify as observers, for the purposes of 
                this subsection, individuals who are citizens 
                or nationals of the United States and who have 
                the requisite education or experience to carry 
                out the functions referred to in paragraph (3);
                  (B) establish standards of conduct for 
                certified observers equivalent to those 
                applicable to Federal personnel;
                  (C) establish a reasonable schedule of fees 
                that certified observers or their agents shall 
                be paid by the owners and operators of foreign 
                fishing vessels for observer services; and
                  (D) monitor the performance of observers to 
                ensure that it meets the purposes of this Act.
  (i) Recreational Fishing.--Notwithstanding any other 
provision of this title, foreign fishing vessels which are not 
operated for profit may engage in recreational fishing within 
the exclusive economic zone and the waters within the 
boundaries of a State subject to obtaining such permits, paying 
such reasonable fees, and complying with such conditions and 
restrictions as the Secretary and the Governor of the State (or 
his designee) shall impose as being necessary or appropriate to 
insure that the fishing activity of such foreign vessels within 
such zone or waters, respectively, is consistent with all 
applicable Federal and State laws and any applicable fishery 
management plan implemented under section 304. The Secretary 
shall consult with the Secretary of State and the Secretary of 
the Department in which the Coast Guard is operating in 
formulating the conditions and restrictions to be applied by 
the Secretary under the authority of this subsection.

           *       *       *       *       *       *       *


SEC. 204. PERMITS FOR FOREIGN FISHING.

                            [16 U.S.C. 1824]

  (a) In General.--After February 28, 1977, no foreign fishing 
vessel shall engage in fishing within the exclusive economic 
zone, or for anadromous species or Continental Shelf fishery 
resources beyond such zone, unless such vessel has on board a 
valid permit issued under this section for such vessel.
  (b) Applications and Permits under Governing International 
Fishery Agreements.--
          (1) Eligibility; duration.--Each foreign nation with 
        which the United States has entered into a governing 
        international fishery agreement shall submit an 
        application to the Secretary of State each year for a 
        permit for each of its fishing vessels that wishes to 
        engage in fishing described in subsection (a). No 
        permit issued under this section may be valid for 
        longer than a year; and section 558(c) of title 5, 
        United States Code, does not apply to the renewal of 
        any such permit.
          (2) Forms.--The Secretary, in consultation with the 
        Secretary of State and the Secretary of the department 
        in which the Coast Guard is operating, shall prescribe 
        the forms for permit applications submitted under this 
        subsection and for permits issued pursuant to any such 
        application.
          (3) Contents.--Any application made under this 
        subsection shall specify--
                  (A) the name and official number or other 
                identification of each fishing vessel for which 
                a permit is sought, together with the name and 
                address of the owner thereof;
                  (B) the tonnage, hold capacity, speed, 
                processing equipment, type and quantity of 
                fishing gear, and such other pertinent 
                information with respect to characteristics of 
                each such vessel as the Secretary may require;
                  (C) each fishery in which each such vessel 
                wishes to fish;
                  (D) the estimated amount of tonnage of fish 
                which will be caught, taken, or harvested in 
                each such fishery by each such vessel during 
                the time the permit is in force;
                  (E) the amount or tonnage of United States 
                harvested fish, if any, which each such vessel 
                proposes to receive at sea from vessels of the 
                United States;
                  (F) the ocean area in which, and the season 
                or period during which, such fishing will be 
                conducted; and
                  (G) all applicable vessel safety standards 
                imposed by the foreign country, and shall 
                include written certification that the vessel 
                is in compliance with those standards; and 
                shall include any other pertinent information 
                and material which the Secretary may require.
          (4) Transmittal for action.--Upon receipt of any 
        application which complies with the requirements of 
        paragraph (3), the Secretary of State shall publish a 
        notice of receipt of the application in the Federal 
        Register. Any such notice shall summarize the contents 
        of the applications from each nation included therein 
        with respect to the matters described in paragraph (3). 
        The Secretary of State shall promptly transmit--
                  (A) such application, together with his 
                comments and recommendations thereon, to the 
                Secretary;
                  (B) a copy of the application to the 
                Secretary of the department in which the Coast 
                Guard is operating; and
                  (C) a copy or a summary of the application to 
                the appropriate Council.
          (5) Action by Council.--After receiving a copy or 
        summary of an application under paragraph (4)(C), the 
        Council may prepare and submit to the Secretary such 
        written comments on the application as it deems 
        appropriate. Such comments shall be submitted within 45 
        days after the date on which the application is 
        received by the Council and may include recommendations 
        with respect to approval of the application and, if 
        approval is recommended, with respect to appropriate 
        conditions and restrictions thereon. Any interested 
        person may submit comments to such Council with respect 
        to any such application. The Council shall consider any 
        such comments in formulating its submission to the 
        Secretary.
          (6) Approval.--
                  (A) After receipt of any application 
                transmitted under paragraph (4)(A), the 
                Secretary shall consult with the Secretary of 
                State and, with respect to enforcement, with 
                the Secretary of the department in which the 
                Coast Guard is operating. The Secretary, after 
                taking into consideration the views and 
                recommendations of such Secretaries, and any 
                comments submitted by any Council under 
                paragraph (5), may approve, subject to 
                subparagraph (B), the application, if he 
                determines that the fishing described in the 
                application will meet the requirements of this 
                Act, or he may disapprove all or any portion of 
                the application.
                  (B)(i) In the case of any application which 
                specifies that one or more foreign fishing 
                vessels propose to receive at sea United States 
                harvested fish from vessels of the United 
                States, the Secretary may approve the 
                application unless the Secretary determines, on 
                the basis of the views, recommendations, and 
                comments referred to in subparagraph (A) and 
                other pertinent information, that United States 
                fish processors have adequate capacity, and 
                will utilize such capacity, to process all 
                United States harvested fish from the fishery 
                concerned.
                          (ii) The amount or tonnage of United 
                        States harvested fish which may be 
                        received at sea during any year by 
                        foreign fishing vessels under permits 
                        approved under this paragraph may not 
                        exceed that portion of the optimum 
                        yield of the fishery concerned which 
                        will not be utilized by United States 
                        fish processors.
                          (iii) In deciding whether to approve 
                        any application under this 
                        subparagraph, the Secretary may take 
                        into account, with respect to the 
                        foreign nation concerned, such other 
                        matters as the Secretary deems 
                        appropriate.
          (7) Establishment of conditions and restrictions.--
        The Secretary shall establish conditions and 
        restrictions which shall be included in each permit 
        issued pursuant to any application approved under 
        paragraph (6) or subsection (d) and which must be 
        complied with by the owner or operator of the fishing 
        vessel for which the permit is issued. Such conditions 
        and restrictions shall include the following:
                  (A) All of the requirements of any applicable 
                fishery management plan, or preliminary fishery 
                management plan, and any applicable Federal or 
                State fishing regulations.
                  (B) The requirement that no permit may be 
                used by any vessel other than the fishing 
                vessel for which it is issued.
                  (C) The requirements described in section 
                201(c)(1), (2), and (3).
                  (D) If the permit is issued other than 
                pursuant to an application approved under 
                paragraph (6)(B) or subsection (d), the 
                restriction that the foreign fishing vessel may 
                not receive at sea United States harvested fish 
                from vessels of the United States.
                  (E) If the permit is issued pursuant to an 
                application approved under paragraph (6)(B), 
                the maximum amount or tonnage of United States 
                harvested fish which may be received at sea 
                from vessels of the United States.
                  (F) Any other condition and restriction 
                related to fishery conservation and management 
                which the Secretary prescribes as necessary and 
                appropriate.
          (8) Notice of approval.--The Secretary shall promptly 
        transmit a copy of each application approved under 
        paragraph (6) and the conditions and restrictions 
        established under paragraph (7) to--
                  (A) the Secretary of State for transmittal to 
                the foreign nation involved;
                  (B) the Secretary of the department in which 
                the Coast Guard is operating; and
                  (C) any Council which has authority over any 
                fishery specified in such application.
          (9) Disapproval of applications.--If the Secretary 
        does not approve any application submitted by a foreign 
        nation under this subsection, he shall promptly inform 
        the Secretary of State of the disapproval and his 
        reasons therefore. The Secretary of State shall notify 
        such foreign nation of the disapproval and the reasons 
        therefor. Such foreign nation, after taking into 
        consideration the reasons for disapproval, may submit a 
        revised application under this subsection.
          (10) Fees.--
                  (A) Fees shall be paid to the Secretary by 
                the owner or operator of any foreign fishing 
                vessel for which a permit has been issued 
                pursuant to this section. The Secretary, in 
                consultation with the Secretary of State, shall 
                establish a schedule of reasonable fees that 
                shall apply nondiscriminatorily to each foreign 
                nation.
                  (B) Amounts collected by the Secretary under 
                this paragraph shall be deposited in the 
                general fund of the Treasury.
          (11) Issuance of permits.--If a foreign nation 
        notifies the Secretary of State of its acceptance of 
        the conditions and restrictions established by the 
        Secretary under paragraph (7), the Secretary of State 
        shall promptly transmit such notification to the 
        Secretary. Upon payment of the applicable fees 
        established pursuant to paragraph (10), the Secretary 
        shall thereupon issue to such foreign nation, through 
        the Secretary of State, permits for the appropriate 
        fishing vessels of that nation. Each permit shall 
        contain a statement of all conditions and restrictions 
        established under paragraph (7) which apply to the 
        fishing vessel for which the permit is issued.
  (c) Registration Permits.--The Secretary of State, in 
cooperation with the Secretary, shall issue annually a 
registration permit for each fishing vessel of a foreign nation 
which is a party to an international fishery agreement under 
which foreign fishing is authorized by section 201(b) and which 
wishes to engage in fishing described in subsection (a). Each 
such permit shall set forth the terms and conditions contained 
in the agreement that apply with respect to such fishing, and 
shall include the additional requirement that the owner or 
operator of the fishing vessel for which the permit is issued 
shall prominently display such permit in the wheelhouse of such 
vessel and show it, upon request, to any officer authorized to 
enforce the provisions of this Act (as provided for in section 
311). The Secretary of State, after consultation with the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating, shall prescribe the form and manner 
in which applications for registration permits may be made, and 
the forms of such permits. The Secretary of State may 
establish, require the payment of, and collect fees for 
registration permits; except that the level of such fees shall 
not exceed the administrative costs incurred by him in issuing 
such permits.
  (d) Transshipment Permits.--
          (1) Authority to issue permits.--The Secretary may 
        issue a transshipment permit under this subsection 
        which authorizes a vessel other than a vessel of the 
        United States to engage in fishing consisting solely of 
        transporting fish or fish products at sea from a point 
        within the exclusive economic zone or, with the 
        concurrence of a State, within the boundaries of that 
        State, to a point outside the United States to any 
        person who--
                  (A) submits an application which is approved 
                by the Secretary under paragraph (3); and
                  (B) pays a fee imposed under paragraph (7).
          (2) Transmittal.--Upon receipt of an application for 
        a permit under this subsection, the Secretary shall 
        promptly transmit copies of the application to the 
        Secretary of State, Secretary of the department in 
        which the Coast Guard is operating, any appropriate 
        Council, and any affected State.
          (3) Approval of application.--The Secretary may 
        approve, in consultation with the appropriate Council 
        or Marine Fisheries Commission, an application for a 
        permit under this section if the Secretary determines 
        that--
                  (A) the transportation of fish or fish 
                products to be conducted under the permit, as 
                described in the application, will be in the 
                interest of the United States and will meet the 
                applicable requirements of this Act;
                  (B) the applicant will comply with the 
                requirements described in section 201(c)(2) 
                with respect to activities authorized by any 
                permit issued pursuant to the application;
                  (C) the applicant has established any bonds 
                or financial assurances that may be required by 
                the Secretary; and
                  (D) no owner or operator of a vessel of the 
                United States which has adequate capacity to 
                perform the transportation for which the 
                application is submitted has indicated to the 
                Secretary an interest in performing the 
                transportation at fair and reasonable rates.
          (4) Whole or partial approval.--The Secretary may 
        approve all or any portion of an application under 
        paragraph (3).
          (5) Failure to approve application.--If the Secretary 
        does not approve any portion of an application 
        submitted under paragraph (1), the Secretary shall 
        promptly inform the applicant and specify the reasons 
        therefor.
          (6) Conditions and restrictions.--The Secretary shall 
        establish and include in each permit under this 
        subsection conditions and restrictions, including those 
        conditions and restrictions set forth in subsection 
        (b)(7), which shall be complied with by the owner and 
        operator of the vessel for which the permit is issued.
          (7) Fees.--The Secretary shall collect a fee for each 
        permit issued under this subsection, in an amount 
        adequate to recover the costs incurred by the United 
        States in issuing the permit, except that the Secretary 
        shall waive the fee for the permit if the foreign 
        nation under which the vessel is registered does not 
        collect a fee from a vessel of the United States 
        engaged in similar activities in the waters of such 
        foreign nation.
  (e) Pacific Insular Areas.--
          (1) Negotiation of pacific insular area fishery 
        agreements.--The Secretary of State, with the 
        concurrence of the Secretary and in consultation with 
        any appropriate Council, may negotiate and enter into a 
        Pacific Insular Area fishery agreement to authorize 
        foreign fishing within the exclusive economic zone 
        adjacent to a Pacific Insular Area--
                  (A) in the case of American Samoa, Guam, or 
                the Northern Mariana Islands, at the request 
                and with the concurrence of, and in 
                consultation with, the Governor of the Pacific 
                Insular Area to which such agreement applies; 
                and
                  (B) in the case of a Pacific Insular Area 
                other than American Samoa, Guam, or the 
                Northern Mariana Islands, at the request of the 
                Western Pacific Council.
          (2) Agreement terms and conditions.--A Pacific 
        Insular Area fishery agreement--
                  (A) shall not be considered to supersede any 
                governing international fishery agreement 
                currently in effect under this Act, but shall 
                provide an alternative basis for the conduct of 
                foreign fishing within the exclusive economic 
                zone adjacent to Pacific Insular Areas;
                  (B) shall be negotiated and implemented 
                consistent only with the governing 
                international fishery agreement provisions of 
                this title specifically made applicable in this 
                subsection;
                  (C) may not be negotiated with a nation that 
                is in violation of a governing international 
                fishery agreement in effect under this Act;
                  (D) shall not be entered into if it is 
                determined by the Governor of the applicable 
                Pacific Insular Area with respect to agreements 
                initiated under paragraph (1)(A), or the 
                Western Pacific Council with respect to 
                agreements initiated under paragraph (1)(B), 
                that such an agreement will adversely affect 
                the fishing activities of the indigenous people 
                of such Pacific Insular Area;
                  (E) shall be valid for a period not to exceed 
                three years and shall only become effective 
                according to the procedures in section 203; and
                  (F) shall require the foreign nation and its 
                fishing vessels to comply with the requirements 
                of paragraphs (1), (2), (3) and (4)(A) of 
                section 201(c), section 201 (d), and section 
                201(h).
          (3) Permits for foreign fishing.--
                  (A) Application for permits for foreign 
                fishing authorized under a Pacific Insular 
                Areas fishing agreement shall be made, 
                considered and approved or disapproved in 
                accordance with paragraphs (3), (4), (5), (6), 
                (7)(A) and (B), (8), and (9) of subsection (b), 
                and shall include any conditions and 
                restrictions established by the Secretary in 
                consultation with the Secretary of State, the 
                Secretary of the department in which the Coast 
                Guard is operating, the Governor of the 
                applicable Pacific Insular Area, and the 
                appropriate Council.
                  (B) If a foreign nation notifies the 
                Secretary of State of its acceptance of the 
                requirements of this paragraph, paragraph 
                (2)(F), and paragraph (5), including any 
                conditions and restrictions established under 
                subparagraph (A), the Secretary of State shall 
                promptly transmit such notification to the 
                Secretary. Upon receipt of any payment required 
                under a Pacific Insular Area fishing agreement, 
                the Secretary shall thereupon issue to such 
                foreign nation, through the Secretary of State, 
                permits for the appropriate fishing vessels of 
                that nation. Each permit shall contain a 
                statement of all of the requirements, 
                conditions, and restrictions established under 
                this subsection which apply to the fishing 
                vessel for which the permit is issued.
          (4) Marine conservation plans.--
                  (A) Prior to entering into a Pacific Insular 
                Area fishery agreement, the Western Pacific 
                Council and the appropriate Governor shall 
                develop a 3-year marine conservation plan 
                detailing uses for funds to be collected by the 
                Secretary pursuant to such agreement. Such plan 
                shall be consistent with any applicable fishery 
                management plan, identify conservation and 
                management objectives (including criteria for 
                determining when such objectives have been 
                met), and prioritize planned marine 
                conservation projects. Conservation and 
                management objectives shall include, but not be 
                limited to--
                          [(i) establishment of Pacific Insular 
                        Area observer programs, approved by the 
                        Secretary in consultation with the 
                        Western Pacific Council, that provide 
                        observer coverage for foreign fishing 
                        under Pacific Insular Area fishery 
                        agreements that is at least equal in 
                        effectiveness to the program 
                        established by the Secretary under 
                        section 201(h);]
                          (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;
                          (ii) conduct of marine and fisheries 
                        research, including development of 
                        systems for information collection, 
                        analysis, evaluation, and reporting;
                          (iii) conservation, education, and 
                        enforcement activities related to 
                        marine and coastal management, such as 
                        living marine resource assessments, 
                        habitat monitoring and coastal studies;
                          (iv) grants to the University of 
                        Hawaii for technical assistance 
                        projects by the Pacific Island Network, 
                        such as education and training in the 
                        development and implementation of 
                        sustainable marine resources 
                        development projects, scientific 
                        research, and conservation strategies; 
                        and
                          (v) western Pacific community-based 
                        demonstration projects under section 
                        112(b) of the Sustainable Fisheries Act 
                        and other coastal improvement projects 
                        to foster and promote the management, 
                        conservation, and economic enhancement 
                        of the Pacific Insular Areas.
                  (B) In the case of American Samoa, Guam, and 
                the Northern Mariana Islands, the appropriate 
                Governor, with the concurrence of the Western 
                Pacific Council, shall develop the marine 
                conservation plan described in subparagraph (A) 
                and submit such plan to the Secretary for 
                approval. In the case of other Pacific Insular 
                Areas, the Western Pacific Council shall 
                develop and submit the marine conservation plan 
                described in subparagraph (A) to the Secretary 
                for approval.
                  (C) If a Governor or the Western Pacific 
                Council intends to request that the Secretary 
                of State renew a Pacific Insular Area fishery 
                agreement, a subsequent 3-year plan shall be 
                submitted to the Secretary for approval by the 
                end of the second year of the existing 3-year 
                plan.
          (5) Reciprocal conditions.--Except as expressly 
        provided otherwise in this subsection, a Pacific 
        Insular Area fishing agreement may include terms 
        similar to the terms applicable to United States 
        fishing vessels for access to similar fisheries in 
        waters subject to the fisheries jurisdiction of another 
        nation.
          (6) Use of payments by American Samoa, Guam, Northern 
        Mariana Islands.--Any payments received by the 
        Secretary under a Pacific Insular Area fishery 
        agreement for American Samoa, Guam, or the Northern 
        Mariana Islands shall be deposited into the United 
        States Treasury and then covered over to the Treasury 
        of the Pacific Insular Area for which those funds were 
        collected. Amounts deposited in the Treasury of a 
        Pacific Insular Area shall be available, without 
        appropriation or fiscal year limitation, to the 
        Governor of the Pacific Insular Area--
                  (A) to carry out the purposes of this 
                subsection;
                  (B) to compensate (i) the Western Pacific 
                Council for mutually agreed upon administrative 
                costs incurred relating to any Pacific Insular 
                Area fishery agreement for such Pacific Insular 
                Area, and (ii) the Secretary of State for 
                mutually agreed upon travel expenses for no 
                more than 2 Federal representatives incurred as 
                a direct result of complying with paragraph 
                (1)(A); and
                  (C) to implement a marine conservation plan 
                developed and approved under paragraph (4).
          (7) Western Pacific Sustainable Fisheries Fund.--
        There is established in the United States Treasury a 
        Western Pacific Sustainable Fisheries Fund into which 
        any payments received by the Secretary under a Pacific 
        Insular Area fishery agreement and any funds or 
        contributions received in support of conservation and 
        management objectives under a marine conservation plan 
        for any Pacific Insular Area other than American Samoa, 
        Guam, or the Northern Mariana Islands shall be 
        deposited. The Western Pacific Sustainable Fisheries 
        Fund shall be made available, without appropriation or 
        fiscal year limitation, to the Secretary, who shall 
        provide such funds only to--
                  (A) the Western Pacific Council for the 
                purpose of carrying out the provisions of this 
                subsection, including implementation of a 
                marine conservation plan approved under 
                paragraph (4);
                  (B) the Secretary of State for mutually 
                agreed upon travel expenses for no more than 2 
                Federal representatives incurred as a direct 
                result of complying with paragraph (1)(B); and
                  (C) the Western Pacific Council to meet 
                conservation and management objectives in the 
                State of Hawaii if monies remain in the Western 
                Pacific Sustainable Fisheries Fund after the 
                funding requirements of subparagraphs (A) and 
                (B) have been satisfied. Amounts deposited in 
                such fund shall not diminish funding received 
                by the Western Pacific Council for the purpose 
                of carrying out other responsibilities under 
                this Act.
          (8) Use of fines and penalties.--In the case of 
        violations occurring within the exclusive economic zone 
        off American Samoa, Guam, or the Northern Mariana 
        Islands, amounts received by the Secretary which are 
        attributable to fines or penalties imposed under this 
        Act, including such sums collected from the forfeiture 
        and disposition or sale of property seized subject to 
        its [authority, after payment of direct costs of the 
        enforcement action to all entities involved in such 
        action,] shall be deposited into the Treasury of the 
        Pacific Insular Area adjacent to the exclusive economic 
        zone in which the violation occurred, to be used for 
        fisheries enforcement and for implementation of a 
        marine conservation plan under paragraph (4). In the 
        case of violations by foreign vessels occurring within 
        the exclusive economic zones off Midway Atoll, Johnston 
        Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, 
        Baker, and Wake Islands, amounts received by the 
        Secretary attributable to fines and penalties imposed 
        under this Act, shall be deposited into the Western 
        Pacific Sustainable Fisheries Fund established under 
        paragraph (7) of this subsection.

           *       *       *       *       *       *       *


SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.

  (a) In General.--The Secretary may undertake activities to 
promote improved monitoring and compliance for high seas 
fisheries, or fisheries governed by international fishery 
management agreements, and to implement the requirements of 
this title.
  (b) Specific Authorities.--In carrying out subsection (a), 
the Secretary may--
          (1) share information on harvesting and processing 
        capacity and illegal, unreported and unregulated 
        fishing on the high seas, in areas covered by 
        international fishery management agreements, and by 
        vessels of other nations within the United States 
        exclusive economic zone, with relevant law enforcement 
        organizations of foreign nations and relevant 
        international organizations;
          (2) further develop real time information sharing 
        capabilities, particularly on harvesting and processing 
        capacity and illegal, unreported and unregulated 
        fishing;
          (3) participate in global and regional efforts to 
        build an international network for monitoring, control, 
        and surveillance of high seas fishing and fishing under 
        regional or global agreements;
          (4) support efforts to create an international 
        registry or database of fishing vessels, including by 
        building on or enhancing registries developed by 
        international fishery management organizations;
          (5) enhance enforcement capabilities through the 
        application of commercial or governmental remote 
        sensing technology to locate or identify vessels 
        engaged in illegal, unreported, or unregulated fishing 
        on the high seas, including encroachments into the 
        exclusive economic zone by fishing vessels of other 
        nations;
          (6) provide technical or other assistance to 
        developing countries to improve their monitoring, 
        control, and surveillance capabilities; and
          (7) support coordinated international efforts to 
        ensure that all large-scale fishing vessels operating 
        on the high seas are required by their flag State to be 
        fitted with vessel monitoring systems no later than 
        December 31, 2008, or earlier if so decided by the 
        relevant flag State or any relevant international 
        fishery management organization.

SEC. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.

                            [16 U.S.C. 1851]

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

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.

                            [16 U.S.C. 1852]

  (a) Establishment.--
          (1) There shall be established, within 120 days after 
        the date of the enactment of this Act, eight Regional 
        Fishery Management Councils, as follows:
                  (A) New England Council.--The New England 
                Fishery Management Council shall consist of the 
                States of Maine, New Hampshire, Massachusetts, 
                Rhode Island, and Connecticut and shall have 
                authority over the fisheries in the Atlantic 
                Ocean seaward of such States (except as 
                provided in paragraph (3). The New England 
                Council shall have 18 voting members, including 
                12 appointed by the Secretary in accordance 
                with subsection (b)(2) (at least one of whom 
                shall be appointed from each such State).
                  (B) Mid-Atlantic Council.--The Mid-Atlantic 
                Fishery Management Council shall consist of the 
                States of New York, New Jersey, Delaware, 
                Pennsylvania, Maryland, Virginia, and North 
                Carolina and shall have authority over the 
                fisheries in the Atlantic Ocean seaward of such 
                States (except North Carolina, and as provided 
                in paragraph (3). The Mid-Atlantic Council 
                shall have 21 voting members, including 13 
                appointed by the Secretary in accordance with 
                subsection (b)(2) (at least one of whom shall 
                be appointed from each such State).
                  (C) South Atlantic Council.--The South 
                Atlantic Fishery Management Council shall 
                consist of the States of North Carolina, South 
                Carolina, Georgia, and Florida and shall have 
                authority over the fisheries in the Atlantic 
                Ocean seaward of such States (except as 
                provided in paragraph (3). The South Atlantic 
                Council shall have 13 voting members, including 
                8 appointed by the Secretary in accordance with 
                subsection (b)(2) (at least one of whom shall 
                be appointed from each such State).
                  (D) Caribbean Council.--The Caribbean Fishery 
                Management Council shall consist of the Virgin 
                Islands and the Commonwealth of Puerto Rico and 
                shall have authority over the fisheries in the 
                Caribbean Sea and Atlantic Ocean seaward of 
                such States and of commonwealths, territories, 
                and possessions of the United States in the 
                Caribbean Sea (except as provided in paragraph 
                (3). The Caribbean Council shall have 7 voting 
                members, including 4 appointed by the Secretary 
                in accordance with subsection (b)(2) (at least 
                one of whom shall be appointed from each such 
                State).
                  (E) Gulf Council.--The Gulf of Mexico Fishery 
                Management Council shall consist of the States 
                of Texas, Louisiana, Mississippi, Alabama, and 
                Florida and shall have authority over the 
                fisheries in the Gulf of Mexico seaward of such 
                States (except as provided in paragraph (3). 
                The Gulf Council shall have 17 voting members, 
                including 11 appointed by the Secretary in 
                accordance with subsection (b)(2) (at least one 
                of whom shall be appointed from each such 
                State).
                  (F) Pacific Council.--The Pacific Fishery 
                Management Council shall consist of the States 
                of California, Oregon, Washington, and Idaho 
                and shall have authority over the fisheries in 
                the Pacific Ocean seaward of such States. The 
                Pacific Council shall have 14 voting members, 
                including 8 appointed by the Secretary in 
                accordance with subsection (b)(2) (at least one 
                of whom shall be appointed from each such 
                State), and including one appointed from an 
                Indian tribe with Federally recognized fishing 
                rights from California, Oregon, Washington, or 
                Idaho in accordance with subsection (b)(5).
                  (G) North Pacific Council.--The North Pacific 
                Fishery Management Council shall consist of the 
                States of Alaska, Washington, and Oregon and 
                shall have authority over the fisheries in the 
                Arctic Ocean, Bering Sea, and Pacific Ocean 
                seaward of Alaska. The North Pacific Council 
                shall have 11 voting members, including 7 
                appointed by the Secretary in accordance with 
                subsection (b)(2)(5 of whom shall be appointed 
                from the State of Alaska and 2 of whom shall be 
                appointed from the State of Washington).
                  (H) Western Pacific Council.--The Western 
                Pacific Fishery Management Council shall 
                consist of the States of Hawaii, American 
                Samoa, Guam, and the Northern Mariana Islands 
                and shall have authority over the fisheries in 
                the Pacific Ocean seaward of such States and of 
                the Commonwealths, territories, and possessions 
                of the United States in the Pacific Ocean area. 
                The Western Pacific Council shall have 13 
                voting members, including 8 appointed by the 
                Secretary in accordance with subsection (b)(2) 
                (at least one of whom shall be appointed from 
                each of the following States: Hawaii, American 
                Samoa, Guam, and the Northern Mariana Islands).
          (2) Each Council shall reflect the expertise and 
        interest of the several constituent States in the ocean 
        area over which such Council is granted authority.
          (3) The Secretary shall have authority over any 
        highly migratory species fishery that is within the 
        geographical area of authority of more than one of the 
        following Councils: New England Council, Mid-Atlantic 
        Council, South Atlantic Council, Gulf Council, and 
        Caribbean Council.
  (b) Voting Members.--
          (1) The voting members of each Council shall be:
                  (A) The principal State official with marine 
                fishery management responsibility and expertise 
                in each constituent State, who is designated as 
                such by the Governor of the State, so long as 
                the official continues to hold such position, 
                or the designee of such official.
                  (B) The regional director of the National 
                Marine Fisheries Service for the geographic 
                area concerned, or his designee, except that if 
                two such directors are within such geographical 
                area, the Secretary shall designate which of 
                such directors shall be the voting member.
                  (C) The members required to be appointed by 
                the Secretary in accordance with paragraphs (2) 
                and (5).
          (2)(A) The members of each Council required to be 
        appointed by the Secretary must be individuals who, by 
        reason of their occupational or other experience, 
        scientific expertise, or training, are knowledgeable 
        regarding the conservation and management, or the 
        commercial or recreational harvest, of the fishery 
        resources of the geographical area concerned. Within 
        nine months after the date of enactment of the Fishery 
        Conservation Amendments of 1990, the Secretary shall, 
        by regulation, prescribe criteria for determining 
        whether an individual satisfies the requirements of 
        this subparagraph.
                  (B) The Secretary, in making appointments 
                under this section, shall, to the extent 
                practicable, ensure a fair and balanced 
                apportionment, on a rotating or other basis, of 
                the active participants (or their 
                representatives) in the commercial and 
                recreational fisheries under the jurisdiction 
                of the Council. On January 31, 1991, and each 
                year thereafter, the Secretary shall submit to 
                the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee 
                on Merchant Marine and Fisheries of the House 
                of Representatives a report on the actions 
                taken by the Secretary to ensure that such fair 
                and balanced apportionment is achieved. The 
                report shall--
                          (i) list the fisheries under the 
                        jurisdiction of each Council, outlining 
                        for each fishery the type and quantity 
                        of fish harvested, fishing and 
                        processing methods employed, the number 
                        of participants, the duration and range 
                        of the fishery, and other 
                        distinguishing characteristics;
                          (ii) assess the membership of each 
                        Council in terms of the apportionment 
                        of the active participants in each such 
                        fishery; and
                          (iii) state the Secretary's plans and 
                        schedule for actions to achieve a fair 
                        and balanced apportionment on the 
                        Council for the active participants in 
                        any such fishery.
                  (C) The Secretary shall appoint the members 
                of each Council from a list of individuals 
                submitted by the Governor of each applicable 
                constituent State. A Governor may not submit 
                the names of individuals to the Secretary for 
                appointment unless the Governor has determined 
                that each such individual is qualified under 
                the requirements of subparagraph (A) and unless 
                the Governor has, to the extent practicable, 
                first consulted with representatives of the 
                commercial and recreational fishing interests 
                of the State regarding those individuals. Each 
                such list shall include the names and pertinent 
                biographical data of not less than three 
                individuals for each applicable vacancy and 
                shall be accompanied by a statement by the 
                Governor explaining how each such individual 
                meets the requirements of subparagraph (A). The 
                Secretary shall review each list submitted by a 
                Governor to ascertain if the individuals on the 
                list are qualified for the vacancy on the basis 
                of such requirements. If the Secretary 
                determines that any individual is not 
                qualified, the Secretary shall notify the 
                appropriate Governor of that determination. The 
                Governor shall then submit a revised list or 
                resubmit the original list with an additional 
                explanation of the qualifications of the 
                individual in question. An individual is not 
                eligible for appointment by the Secretary until 
                that individual complies with the applicable 
                financial disclosure requirements under 
                subsection (k).
  (D)(i) The 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.
  [(D)] (E) Whenever the Secretary makes an appointment to a 
Council, the Secretary shall make a public announcement of such 
appointment not less than 45 days before the first day on which 
the individual is to take office as a member of the Council.
          (3) Each voting member appointed to a Council by the 
        Secretary in accordance with paragraphs (2) and (5) 
        shall serve for a term of 3 years; except that the 
        Secretary may designate a shorter term if necessary to 
        provide for balanced expiration to terms of office. No 
        member appointed after January 1, 1986, may serve more 
        than three consecutive terms. Any term in which an 
        individual was appointed to replace a member who left 
        office during the term shall not be counted in 
        determining the number of consecutive terms served by 
        that Council member.
          (4) Successors to the voting members of any Council 
        shall be appointed in the same manner as the original 
        voting members. Any individual appointed to fill a 
        vacancy occurring prior to the expiration of any term 
        of office shall be appointed for the remainder of that 
        term.
          (5)(A) The Secretary shall appoint to the Pacific 
        Council one representative of an Indian tribe with 
        Federally recognized fishing rights from California, 
        Oregon, Washington, or Idaho from a list of not less 
        than 3 individuals submitted by the tribal governments. 
        The Secretary, in consultation with the Secretary of 
        the Interior and tribal governments, shall establish by 
        regulation the procedure for submitting a list under 
        this subparagraph.
                  (B) Representation shall be rotated among the 
                tribes taking into consideration--
                          (i) the qualifications of the 
                        individuals on the list referred to in 
                        subparagraph (A),
                          (ii) the various rights of the Indian 
                        tribes involved and judicial cases that 
                        set forth how those rights are to be 
                        exercised, and
                          (iii) the geographic area in which 
                        the tribe of the representative is 
                        located.
                  (C) A vacancy occurring prior to the 
                expiration of any term shall be filled in the 
                same manner as set out in subparagraphs (A) and 
                (B), except that the Secretary may use the list 
                from which the vacating representative was 
                chosen.
          (D) The tribal representative appointed under 
        subparagraph (A) may designate as an alternate, during 
        the period of the representative's term, an individual 
        knowledgeable concerning tribal rights, tribal law, and 
        the fishery resources of the geographical area 
        concerned.
          (6) The Secretary may remove for cause any member of 
        a Council required to be appointed by the Secretary in 
        accordance with paragraphs (2) or (5) if--
                  (A) the Council concerned first recommends 
                removal by not less than two-thirds of the 
                members who are voting members and submits such 
                removal recommendation to the Secretary in 
                writing together with a statement of the basis 
                for the recommendation; or
                  (B) the member is found by the Secretary, 
                after notice and an opportunity for a hearing 
                in accordance with section 554 of title 5, 
                United States Code, to have committed an act 
                prohibited by section 307(1)(O).
  (c) Nonvoting Members.--
          (1) The nonvoting members of each Council shall be:
                  (A) The regional or area director of the 
                United States Fish and Wildlife Service for the 
                geographical area concerned, or his designee.
                  (B) The commander of the Coast Guard district 
                for the geographical area concerned, or his 
                designee; except that, if two Coast Guard 
                districts are within such geographical area, 
                the commander designated for such purpose by 
                the commandant of the Coast Guard.
                  (C) The executive director of the Marine 
                Fisheries Commission for the geographical area 
                concerned, if any, or his designee.
                  (D) One representative of the Department of 
                State designated for such purpose by the 
                Secretary of State, or his designee.
          (2) The Pacific Council shall have one additional 
        nonvoting member who shall be appointed by, and serve 
        at the pleasure of, the Governor of Alaska.
  (d) Compensation and Expenses.--The voting members of each 
Council who are required to be appointed by the Secretary and 
who are not employed by the Federal Government or any State or 
local government, shall receive compensation at the daily rate 
for GS-15, step 7 of the General Schedule, when engaged in the 
actual performance of duties for such Council. The voting 
members of each Council, any nonvoting member described in 
subsection (c)(1)(C), and the nonvoting member appointed 
pursuant to subsection (c)(2) shall be reimbursed for actual 
expenses incurred in the performance of such duties, and other 
nonvoting members and Council staff members may be reimbursed 
for actual expenses.
  (e) Transaction of Business.--
          (1) A majority of the voting members of any Council 
        shall constitute a quorum, but one or more such members 
        designated by the Council may hold hearings. All 
        decisions of any Council shall be by majority vote of 
        the voting members present and voting.
          (2) The voting members of each Council shall select a 
        Chairman for such Council from among the voting 
        members.
          (3) Each Council shall meet at appropriate times and 
        places in any of the constituent States of the Council 
        at the call of the Chairman or upon the request of a 
        majority of its voting members.
          (4) If any voting member of a Council disagrees with 
        respect to any matter which is transmitted to the 
        Secretary by such Council, such member may submit a 
        statement to the Secretary setting forth the reasons 
        for such disagreement. The regional director of the 
        National Marine Fisheries Service serving on the 
        Council, or the regional director's designee, shall 
        submit such a statement, which shall be made available 
        to the public upon request, if the regional director 
        disagrees with any such matter.
          (5) At the request of any voting member of a Council, 
        the Council shall hold a roll call vote on any matter 
        before the Council. The official minutes and other 
        appropriate records of any Council meeting shall 
        identify all roll call votes held, the name of each 
        voting member present during each roll call vote, and 
        how each member voted on each roll call vote.
  (f) Staff and Administration.--
          (1) Each Council may appoint, and assign duties to, 
        an executive director and such other full- and part-
        time administrative employees as the Secretary 
        determines are necessary to the performance of its 
        functions.
          (2) Upon the request of any Council, and after 
        consultation with the Secretary, the head of any 
        Federal agency is authorized to detail to such Council, 
        on a reimbursable basis, any of the personnel of such 
        agency, to assist such Council in the performance of 
        its functions under this Act.
          (3) The Secretary shall provide to each Council such 
        administrative and technical support services as are 
        necessary for the effective functioning of such 
        Council.
          (4) The Administrator of General Services shall 
        furnish each Council with such offices, equipment, 
        supplies, and services as he is authorized to furnish 
        to any other agency or instrumentality of the United 
        States.
          (5) The Secretary and the Secretary of State shall 
        furnish each Council with relevant information 
        concerning foreign fishing and international fishery 
        agreements.
          (6) Each Council shall determine its organization, 
        and prescribe its practices and procedures for carrying 
        out its functions under this Act, in accordance with 
        such uniform standards as are prescribed by the 
        Secretary. The procedures of a Council, and of its 
        scientific and statistical committee and advisory 
        panels established under subsection (g), must be 
        consistent with the procedural guidelines set forth in 
        subsection (i)(2). Each Council shall publish and make 
        available to the public a statement of its 
        organization, practices, and procedures.
          (7) The Secretary shall pay--
                  (A) the compensation and expenses provided 
                for in subsection (d);
                  (B) appropriate compensation to employees 
                appointed under paragraph (1);
                  (C) the amounts required for reimbursement of 
                other Federal agencies under paragraphs (2) and 
                (4);
                  (D) the actual expenses of the members of the 
                committees and panels established under 
                subsection (g); and
                  (E) such other costs as the Secretary 
                determines are necessary to the performance of 
                the functions of the Councils.
  [(g) Committees and Panels.--(1) Each Council shall establish 
and maintain, and appoint the members of, a scientific and 
statistical committee to assist it in the development, 
collection, and evaluation 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.]
  (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) Each Council shall establish such [other] 
        advisory panels as are necessary or appropriate to 
        assist it in carrying out its functions under this Act.
          (3)(A) Each Council shall establish and maintain a 
        fishing industry advisory committee which shall provide 
        information and recommendations on, and assist in the 
        development of, fishery management plans and amendments 
        to such plans.
          (B) Appointments to a committee established under 
        subparagraph (A) shall be made by each Council in such 
        a manner as to provide fair representation to 
        commercial fishing interests in the geographical area 
        of authority of the Council.
          (4) The Secretary shall establish advisory panels to 
        assist in the collection and evaluation of information 
        relevant to the development of any fishery management 
        plan or plan amendment for a fishery to which 
        subsection (a)(3) applies. Each advisory panel shall 
        participate in all aspects of the development of the 
        plan or amendment; be balanced in its representation of 
        commercial, recreational, and other interests; and 
        consist of not less than 7 individuals who are 
        knowledgeable about the fishery for which the plan or 
        amendment is developed, selected from among--
                  (A) members of advisory committees and 
                species working groups appointed under Acts 
                implementing relevant international fishery 
                agreements pertaining to highly migratory 
                species; and
                  (B) other interested persons.
          (5) Decisions and recommendations made by committees 
        and panels established under this subsection shall be 
        considered to be advisory in nature.
  (h) Functions.--Each Council shall, in accordance with the 
provisions of this Act--
          (1) for each fishery under its authority that 
        requires conservation and management, prepare and 
        submit to the Secretary (A) a fishery management plan, 
        and (B) amendments to each such plan that are necessary 
        from time to time (and promptly whenever changes in 
        conservation and management measures in another fishery 
        substantially affect the fishery for which such plan 
        was developed);
          (2) prepare comments on any application for foreign 
        fishing transmitted to it under section 204(b)(4)(C) or 
        section 204(d), and any fishery management plan or 
        amendment transmitted to it under section 304(c)(4);
          (3) conduct public hearings, at appropriate times and 
        in appropriate locations in the geographical area 
        concerned, so as to allow all interested persons an 
        opportunity to be heard in the development of fishery 
        management plans and amendments to such plans, and with 
        respect to the administration and implementation of the 
        provisions of this Act (and for purposes of this 
        paragraph, the term ``geographical area concerned'' may 
        include an area under the authority of another Council 
        if the fish in the fishery concerned migrate into, or 
        occur in, that area or if the matters being heard 
        affect fishermen of that area; but not unless such 
        other Council is first consulted regarding the conduct 
        of such hearings within its area);
          (4) submit to the Secretary such periodic reports as 
        the Council deems appropriate, and any other relevant 
        report which may be requested by the Secretary;
          (5) review on a continuing basis, and revise as 
        appropriate, the assessments and specifications made 
        pursuant to section 303(a)(3) and (4) with respect to 
        the optimum yield from, the capacity and extent to 
        which United States fish processors will process United 
        States harvested fish from, and the total allowable 
        level of foreign fishing in, each fishery (except as 
        provided in subsection (a)(3)) within its geographical 
        area of [authority, and] authority;
          (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''.
          [(6)] (7) conduct any other activities which are 
        required by, or provided for in, this Act or which are 
        necessary and appropriate to the foregoing functions.
  (i) Procedural Matters.--
          (1) The Federal Advisory Committee Act (5 U.S.C. App. 
        1) shall not apply [to the Councils or to the 
        scientific and statistical committees or advisory 
        panels established under subsection (g).] to the 
        Councils, the Council coordination committee 
        established under subsection (l), or to the scientific 
        and statistical committees or other committees or 
        advisory panels established under subsection (g).
          (2) The following guidelines apply with respect to 
        the conduct of business at meetings [of a Council, and 
        of the scientific and statistical committee and 
        advisory panels established under subsection (g):] of a 
        Council, of the Council coordination committee 
        established under subsection (l), and of the scientific 
        and statistical committees or other committees or 
        advisory panels established under subsection (g):
                  (A) Unless closed in accordance with 
                paragraph (3), each regular meeting and each 
                emergency meeting shall be open to the public.
                  (B) Emergency meetings shall be held at the 
                call of the chairman or equivalent presiding 
                officer.
                  (C) Timely public notice of each regular 
                meeting and each emergency meeting, including 
                the time, place, and agenda of the meeting, 
                shall be [published in local newspapers] 
                provided by any means that will result in wide 
                publicity (except that e-mail notification and 
                website postings alone are not sufficient) in 
                the major fishing ports of the region (and in 
                other major fishing ports having a direct 
                interest in the affected [fishery) and such 
                notice may be given by such other means as will 
                result in wide publicity.] fishery). Timely 
                notice of each regular meeting shall also be 
                published in the Federal Register. The 
                published agenda of the meeting may not be 
                modified to include additional matters for 
                Council action without public notice or within 
                14 days prior to the meeting date, unless such 
                modification is to address an emergency action 
                under section 305(c), in which case public 
                notice shall be given immediately.
                  (D) Interested persons shall be permitted to 
                present oral or written statements regarding 
                the matters on the agenda at meetings. All 
                written information submitted to a Council by 
                an interested person shall include a statement 
                of the source and date of such information. Any 
                oral or written statement shall include a brief 
                description of the background and interests of 
                the person in the subject of the oral or 
                written statement.
                  (E) Detailed minutes of each meeting of the 
                Council, except for any closed session, shall 
                be kept and shall contain a record of the 
                persons present, a complete and accurate 
                description of matters discussed and 
                conclusions reached, and copies of all 
                statements filed. The Chairman shall certify 
                the accuracy of the minutes of each such 
                meeting and submit a copy thereof to the 
                Secretary. The minutes shall be made available 
                to any court of competent jurisdiction.
                  (F) Subject to the procedures established 
                under paragraph (4), and the guidelines 
                prescribed by the Secretary under section 
                402(b), relating to confidentiality, the 
                administrative record, including minutes 
                required under subparagraph (E), of each 
                meeting, and records or other documents which 
                were made available to or prepared for or by 
                the Council, committee, or panel incident to 
                the meeting, shall be available for public 
                inspection and copying at a single location in 
                the offices of the Council or the Secretary, as 
                appropriate.
          (3)(A) Each Council, the Council Coordination 
        Committee established under subsection (1), scientific 
        and statistical committee, other committee, and 
        advisory panel--
                          (i) shall close any meeting, or 
                        portion thereof, that concerns matters 
                        or information that bears a national 
                        security classification; and
                          (ii) may close any meeting, or 
                        portion thereof, that concerns matters 
                        or information that pertains to 
                        national security, employment matters, 
                        or briefings on litigation in which the 
                        Council is interested.
        Subparagraphs (D) and (F) of paragraph (2) shall not 
        apply to any meeting or portion thereof that is so 
        closed.
                  (B) If any meeting or portion is closed, the 
                Council concerned shall [notify local 
                newspapers] provide notice by any means that 
                will result in wide publicity in the major 
                fishing ports within its region (and in other 
                major, affected fishing ports), including in 
                that notification the time and place of the 
                meeting. This subparagraph does not require 
                notification regarding any brief closure of a 
                portion of a meeting in order to discuss 
                employment or other internal administrative 
                matters.
          (4) Each Council shall establish appropriate 
        procedures applicable to it and to its committee and 
        advisory panels for ensuring the confidentiality of the 
        statistics that may be submitted to it by Federal or 
        State authorities, and may be voluntarily submitted to 
        it by private persons; including, but not limited to, 
        procedures for the restriction of Council employee 
        access and the prevention of conflicts of interest; 
        except that such procedures, in the case of statistics 
        submitted to the Council by a State or by the Secretary 
        under section 402(b), must be consistent with the laws 
        and regulations of that State, or with the procedures 
        of the Secretary, as the case may be, concerning the 
        confidentiality of the statistics.
          (5) Each Council shall specify those procedures that 
        are necessary or appropriate to ensure that the 
        committees and advisory panels established under 
        subsection (g) are involved, on a continuing basis, in 
        the development and amendment of fishery management 
        plans.
          (6) At any time when a Council determines it 
        appropriate to consider new information from a State or 
        Federal agency or from a Council advisory body, the 
        Council shall give comparable consideration to new 
        information offered at that time by interested members 
        of the public. Interested parties shall have a 
        reasonable opportunity to respond to new data or 
        information before the Council takes final action on 
        conservation and management measures.
  (j) Disclosure of Financial Interest and Recusal.--
          (1) For the purposes of this subsection--
                  (A) the term ``affected individual'' means an 
                individual who--
                          (i) is nominated by the Governor of a 
                        State for appointment as a voting 
                        member of a Council in accordance with 
                        subsection (b)(2); or
                          (ii) is a voting member of a Council 
                        appointed--
                                  (I) under subsection (b)(2); 
                                or
                                  (II) under subsection (b)(5) 
                                who is not subject to 
                                disclosure and recusal 
                                requirements under the laws of 
                                an Indian tribal government; 
                                and
                  (B) the term ``designated official'' means a 
                person with expertise in Federal conflict-of-
                interest requirements who is designated by the 
                Secretary, in consultation with the Council, to 
                attend Council meetings and make determinations 
                under paragraph (7)(B).
          (2) Each affected individual must disclose any 
        financial interest held by--
                  (A) that individual;
                  (B) the spouse, minor child, or partner of 
                that individual; and
                  (C) any organization (other than the Council) 
                in which that individual is serving as an 
                officer, director, trustee, partner, or 
                employee; in any harvesting, processing, 
                lobbying, advocacy, or marketing activity that 
                is being, or will be, undertaken within any 
                fishery over which the Council concerned has 
                [jurisdiction.] jurisdiction, or with respect 
                to any other individual or organization with a 
                financial interest in such activity.
          (3) The disclosure required under paragraph (2) shall 
        be made--
                  (A) in the case of an affected individual 
                referred to in paragraph (1)(A)(i), before 
                appointment by the Secretary; and
                  (B) in the case of an affected individual 
                referred to in paragraph (1)(A)(ii), within 45 
                days of taking office.
          (4) An affected individual referred to in paragraph 
        (1)(A)(ii) must update his or her disclosure form at 
        any time any such financial interest is acquired, or 
        substantially changed, by any person referred to in 
        paragraph (2)(A), (B), or (C).
          (5) The financial interest disclosures required by 
        this subsection shall--
                  (A) be made on such forms, in accordance with 
                such procedures, and at such times, as the 
                Secretary shall by regulation prescribe;
                  [(B) be kept on file, and made available for 
                public inspection at reasonable hours, at the 
                Council offices; and]
                  (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
                  (C) be kept on file by the Secretary for use 
                in reviewing determinations under paragraph 
                (7)(B) and made available for public inspection 
                at reasonable hours.
          (6) The participation by an affected individual 
        referred to in paragraph (1)(A)(ii) in an action by a 
        Council during any time in which that individual is not 
        in compliance with the regulations prescribed under 
        paragraph (5) may not be treated as cause for the 
        invalidation of that action.
          (7)(A) After the effective date of regulations 
        promulgated under subparagraph (F) of this paragraph, 
        an affected individual required to disclose a financial 
        interest under paragraph (2) shall not vote on a 
        Council decision which would have a significant and 
        predictable effect on such financial interest. A 
        Council decision shall be considered to have a 
        significant and predictable effect on a financial 
        interest if there is a close causal link between the 
        Council decision and an expected and substantially 
        disproportionate benefit to the financial interest of 
        the affected individual relative to the financial 
        interests of other participants in the same gear type 
        or sector of the fishery. An affected individual who 
        may not vote may participate in Council deliberations 
        relating to the decision after notifying the Council of 
        the voting recusal and identifying the financial 
        interest that would be affected.
                  (B) At the request of an affected individual, 
                or upon the initiative of the appropriate 
                designated official, the designated official 
                shall make a determination for the record 
                whether a Council decision would have a 
                significant and predictable effect on a 
                financial interest.
                  (C) Any Council member may submit a written 
                request to the Secretary to review any 
                determination by the designated official under 
                subparagraph (B) within 10 days of such 
                determination. Such review shall be completed 
                within 30 days of receipt of the request.
                  (D) Any affected individual who does not vote 
                in a Council decision in accordance with this 
                subsection may state for the record how he or 
                she would have voted on such decision if he or 
                she had voted.
                  (E) If the Council makes a decision before 
                the Secretary has reviewed a determination 
                under subparagraph (C), the eventual ruling may 
                not be treated as cause for the invalidation or 
                reconsideration by the Secretary of such 
                decision.
                  (F) The Secretary, in consultation with the 
                Councils and by not later than one year from 
                the date of enactment of the Sustainable 
                Fisheries Act, shall promulgate regulations 
                which prohibit an affected individual from 
                voting in accordance with subparagraph (A), and 
                which allow for the making of determinations 
                under subparagraphs (B) and (C).
          (8) Section 208 of title 18, United States Code, does 
        not apply to an affected individual referred to in 
        paragraph (1)(A)(ii) during any time in which that 
        individual is in compliance with the regulations 
        prescribed under paragraph (5).
          (9) On January 1, 2008, and annually thereafter, the 
        Secretary shall submit a report to the Senate Committee 
        on Commerce, Science, and Transportation and the House 
        of Representatives Committee on Resources on action 
        taken by the Secretary and the Councils to implement 
        the disclosure of financial interest and recusal 
        requirements of this subsection.
  (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.

SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS.

                            [16 U.S.C. 1853]

  (a) Required Provisions.--Any fishery management plan which 
is prepared by any Council, or by the Secretary, with respect 
to any fishery, shall--
          (1) contain the conservation and management measures, 
        applicable to foreign fishing and fishing by vessels of 
        the United States, which are--
                  (A) necessary and appropriate for the 
                conservation and management of the fishery, to 
                prevent overfishing and rebuild overfished 
                stocks, and to protect, restore, and promote 
                the long-term health and stability of the 
                fishery;
                  (B) described in this subsection or 
                subsection (b), or both; and
                  (C) consistent with the national standards, 
                the other provisions of this Act, regulations 
                implementing recommendations by international 
                organizations in which the United States 
                participates (including but not limited to 
                closed areas, quotas, and size limits), and any 
                other applicable law;
          (2) contain a description of the fishery, including, 
        but not limited to, the number of vessels involved, the 
        type and quantity of fishing gear used, the species of 
        fish involved and their location, the cost likely to be 
        incurred in management, actual and potential revenues 
        from the fishery, any recreational interests in the 
        fishery, and the nature and extent of foreign fishing 
        and Indian treaty fishing rights, if any;
          (3) assess and specify the present and probable 
        future condition of, and the maximum sustainable yield 
        and optimum yield from, the fishery, and include a 
        summary of the information utilized in making such 
        specification;
          (4) assess and specify--
                  (A) the capacity and the extent to which 
                fishing vessels of the United States, on an 
                annual basis, will harvest the optimum yield 
                specified under paragraph (3),
                  (B) the portion of such optimum yield which, 
                on an annual basis, will not be harvested by 
                fishing vessels of the United States and can be 
                made available for foreign fishing, and
                  (C) the capacity and extent to which United 
                States fish processors, on an annual basis, 
                will process that portion of such optimum yield 
                that will be harvested by fishing vessels of 
                the United States;
          (5) specify the pertinent data which shall be 
        submitted to the Secretary with respect to commercial, 
        recreational, [and charter fishing] charter fishing, 
        and fish processing in the fishery, including, but not 
        limited to, information regarding the type and quantity 
        of fishing gear used, catch by species in numbers of 
        fish or weight thereof, areas in which fishing was 
        engaged in, time of fishing, number of hauls, economic 
        information necessary to meet the requirements of this 
        Act, and the estimated processing capacity of, and the 
        actual processing capacity utilized by, United States 
        fish processors,
          (6) consider and provide for temporary adjustments, 
        after consultation with the Coast Guard and persons 
        utilizing the fishery, regarding access to the fishery 
        for vessels otherwise prevented from harvesting because 
        of weather or other ocean conditions affecting the safe 
        conduct of the fishery; except that the adjustment 
        shall not adversely affect conservation efforts in 
        other fisheries or discriminate among participants in 
        the affected fishery;
          (7) describe and identify essential fish habitat for 
        the fishery based on the guidelines established by the 
        Secretary under section 305(b)(1)(A), minimize to the 
        extent practicable adverse effects on such habitat 
        caused by fishing, and identify other actions to 
        encourage the conservation and enhancement of such 
        habitat;
          (8) in the case of a fishery management plan that, 
        after January 1, 1991, is submitted to the Secretary 
        for review under section 304(a) (including any plan for 
        which an amendment is submitted to the Secretary for 
        such review) or is prepared by the Secretary, assess 
        and specify the nature and extent of scientific data 
        which is needed for effective implementation of the 
        plan;
          (9) include a fishery impact statement for the plan 
        or amendment (in the case of a plan or amendment 
        thereto submitted to or prepared by the Secretary after 
        October 1, 1990) which shall assess, specify, and 
        [describe the likely effects, if any, of the 
        conservation and management measures on--] 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--
                  (A) participants in the fisheries and fishing 
                communities affected by the plan or amendment; 
                and
                  (B) participants in the fisheries conducted 
                in adjacent areas under the authority of 
                another Council, after consultation with such 
                Council and representatives of those 
                participants;
          (10) specify objective and measurable criteria for 
        identifying when the fishery to which the plan applies 
        is overfished (with an analysis of how the criteria 
        were determined and the relationship of the criteria to 
        the reproductive potential of stocks of fish in that 
        fishery) and, in the case of a fishery which the 
        Council or the Secretary has determined is approaching 
        an overfished condition or is overfished, contain 
        conservation and management measures to prevent 
        overfishing or end overfishing and rebuild the fishery;
          (11) establish a standardized reporting methodology 
        to assess the amount and type of bycatch occurring in 
        the fishery, and include conservation and management 
        measures that, to the extent practicable and in the 
        following priority--
                  (A) minimize bycatch; and
                  (B) minimize the mortality of bycatch which 
                cannot be avoided;
          (12) assess the type and amount of fish caught and 
        released alive during recreational fishing under catch 
        and release fishery management programs and the 
        mortality of such fish, and include conservation and 
        management measures that, to the extent practicable, 
        minimize mortality and ensure the extended survival of 
        such fish;
          (13) include a description of the commercial, 
        recreational, and charter fishing sectors which 
        participate in the [fishery] fishery, including their 
        economic impact, and, to the extent practicable, 
        quantify trends in landings of the managed fishery 
        resource by the commercial, recreational, and charter 
        fishing sectors; [and]
          (14) to the extent that rebuilding plans or other 
        conservation and management measures which reduce the 
        overall harvest in a fishery are necessary, [allocate] 
        allocate, taking into consideration the economic impact 
        of the harvest restrictions or recovery benefits on the 
        fishery participants in each sector, any harvest 
        restrictions or recovery benefits fairly and equitably 
        among the commercial, recreational, and charter fishing 
        sectors in the [fishery.] fishery; and
          (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) Discretionary Provisions.--Any fishery management plan 
which is prepared by any Council, or by the Secretary, with 
respect to any fishery, may--
          (1) require a permit to be obtained from, and fees to 
        be paid to, the Secretary, with respect to--
                  (A) any fishing vessel of the United States 
                fishing, or wishing to fish, in the exclusive 
                economic zone, or for anadromous species or 
                Continental Shelf fishery resources beyond such 
                zone;
                  (B) the operator of any such vessel; or
                  (C) any United States fish processor who 
                first receives fish that are subject to the 
                plan;
          (2)(A) designate zones where, and periods when, 
        fishing shall be limited, or shall not be permitted, or 
        shall be permitted only by specified types of fishing 
        vessels or with specified types and quantities of 
        fishing gear;
          (B) designate such zones in areas where deep sea 
        corals are identified under section 408, to protect 
        deep sea corals from physical damage from fishing gear 
        or to prevent loss or damage to such fishing gear from 
        interactions with deep sea corals, after considering 
        long-term sustainable uses of fishery resources in such 
        areas; and
          (C) with respect to any closure of an area 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;
          (3) establish specified limitations which are 
        necessary and appropriate for the conservation and 
        management of the fishery on the--
                  (A) catch of fish (based on area, species, 
                size, number, weight, sex, bycatch, total 
                biomass, or other factors);
                  (B) sale of fish caught during commercial, 
                recreational, or charter fishing, consistent 
                with any applicable Federal and State safety 
                and quality requirements; and
                  (C) transshipment or transportation of fish 
                or fish products under permits issued pursuant 
                to section 204;
          (4) prohibit, limit, condition, or require the use of 
        specified types and quantities of fishing gear, fishing 
        vessels, or equipment for such vessels, including 
        devices which may be required to facilitate enforcement 
        of the provisions of this Act;
          (5) incorporate (consistent with the national 
        standards, the other provisions of this Act, and any 
        other applicable law) the relevant fishery conservation 
        and management measures of the coastal States nearest 
        to the [fishery;] 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;
          [(6) establish a limited access system for the 
        fishery in order to achieve optimum yield if, in 
        developing such system, the Council and the Secretary 
        take into account--
                  [(A) present participation in the fishery,
                  [(B) historical fishing practices in, and 
                dependence on, the fishery,
                  [(C) the economics of the fishery,
                  [(D) the capability of fishing vessels used 
                in the fishery to engage in other fisheries,
                  [(E) the cultural and social framework 
                relevant to the fishery and any affected 
                fishing communities, and
                  [(F) any other relevant considerations;]
          (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;
          (7) require fish processors who first receive fish 
        that are subject to the plan to submit data [(other 
        than economic data)] which are necessary for the 
        conservation and management of the fishery;
          (8) require that one or more observers be carried on 
        board a vessel of the United States engaged in fishing 
        for species that are subject to the plan, for the 
        purpose of collecting data necessary for the 
        conservation and management of the fishery; except that 
        such a vessel shall not be required to carry an 
        observer on board if the facilities of the vessel for 
        the quartering of an observer, or for carrying out 
        observer functions, are so inadequate or unsafe that 
        the health or safety of the observer or the safe 
        operation of the vessel would be jeopardized;
          (9) assess and specify the effect which the 
        conservation and management measures of the plan will 
        have on the stocks of naturally spawning anadromous 
        fish in the region;
          (10) include, consistent with the other provisions of 
        this Act, conservation and management measures that 
        provide harvest incentives for participants within each 
        gear group to employ fishing practices that result in 
        lower levels of bycatch or in lower levels of the 
        mortality of bycatch;
          (11) reserve a portion of the allowable biological 
        catch of the fishery for use in scientific research; 
        [and]
          (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
          [(12)] (14) prescribe such other measures, 
        requirements, or conditions and restrictions as are 
        determined to be necessary and appropriate for the 
        conservation and management of the fishery.
  (c) Proposed Regulations.--Proposed regulations which the 
Council deems necessary or appropriate for the purposes of--
          (1) implementing a fishery management plan or plan 
        amendment shall be submitted to the Secretary 
        simultaneously with the plan or amendment under section 
        304; and
          (2) making modifications to regulations implementing 
        a fishery management plan or plan amendment may be 
        submitted to the Secretary at any time after the plan 
        or amendment is approved under section 304.
  [(d) Individual Fishing Quotas.--(1)(A) A Council may not 
submit and the Secretary may not approve or implement before 
October 1, 2002, any fishery management plan, plan amendment, 
or regulation under this Act which creates a new individual 
fishing quota program.
          [(B) Any fishery management plan, plan amendment, or 
        regulation approved by the Secretary on or after 
        January 4, 1995, which creates any new individual 
        fishing quota program shall be repealed and immediately 
        returned by the Secretary to the appropriate Council 
        and shall not be resubmitted, reapproved, or 
        implemented during the moratorium set forth in 
        subparagraph (A).
  [(2)(A) No provision of law shall be construed to limit the 
authority of a Council to submit and the Secretary to approve 
the termination or limitation, without compensation to holders 
of any limited access system permits, of a fishery management 
plan, plan amendment, or regulation that provides for a limited 
access system, including an individual fishing quota program.
  [(B) This subsection shall not be construed to prohibit a 
Council from submitting, or the Secretary from approving and 
implementing, amendments to the North Pacific halibut and 
sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam 
and ocean (including mahogany) quahog individual fishing quota 
programs.
  [(3) An individual fishing quota or other limited access 
system authorization--
          [(A) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
          [(B) may be revoked or limited at any time in 
        accordance with this Act;
          [(C) shall not confer any right of compensation to 
        the holder of such individual fishing quota or other 
        such limited access system authorization if it is 
        revoked or limited; and
          [(D) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the 
        fish is harvested.
  [(4)(A) 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 the--
          [(i) purchase of individual fishing quotas in that 
        fishery by fishermen who fish from small vessels; and
          [(ii) first-time purchase of individual fishing 
        quotas in that fishery by entry level fishermen.
  [(B) A Council making a submission under subparagraph (A) 
shall recommend criteria, consistent with the provisions of 
this Act, that a fisherman must meet to qualify for guarantees 
under clauses (i) and (ii) of subparagraph (A) and the portion 
of funds to be allocated for guarantees under each clause.
  [(5) In submitting and approving any new individual fishing 
quota program on or after October 1, 2002, the Councils and the 
Secretary shall consider the report of the National Academy of 
Sciences required under section 108(f) of the Sustainable 
Fisheries Act, and any recommendations contained in such 
report, and shall ensure that any such program--
          [(A) establishes procedures and requirements for the 
        review and revision of the terms of any such program 
        (including any revisions that may be necessary once a 
        national policy with respect to individual fishing 
        quota programs is implemented), and, if appropriate, 
        for the renewal, reallocation, or reissuance of 
        individual fishing quotas;
          [(B) provides for the effective enforcement and 
        management of any such program, including adequate 
        observer coverage, and for fees under section 304(d)(2) 
        to recover actual costs directly related to such 
        enforcement and management; and
          [(C) provides for a fair and equitable initial 
        allocation of individual fishing quotas, prevents any 
        person from acquiring an excessive share of the 
        individual fishing quotas issued, and considers the 
        allocation of a portion of the annual harvest in the 
        fishery for entry-level fishermen, small vessel owners, 
        and crew members who do not hold or qualify for 
        individual fishing quotas.]

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 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 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.

SEC. 304. ACTION BY SECRETARY.

                            [16 U.S.C. 1854]

  (a) Review of Plans.--
          (1) Upon transmittal by the Council to the Secretary 
        of a fishery management plan or plan amendment, the 
        Secretary shall--
                  (A) immediately commence a review of the plan 
                or amendment to determine whether it is 
                consistent with the national standards, the 
                other provisions of this Act, and any other 
                applicable law; and
                  (B) immediately publish in the Federal 
                Register a notice stating that the plan or 
                amendment is available and that written 
                information, views, or comments of interested 
                persons on the plan or amendment may be 
                submitted to the Secretary during the 60-day 
                period beginning on the date the notice is 
                published.
          (2) In undertaking the review required under 
        paragraph (1), the Secretary shall--
                  (A) take into account the information, views, 
                and comments received from interested persons;
                  (B) consult with the Secretary of State with 
                respect to foreign fishing; and
                  (C) consult with the Secretary of the 
                department in which the Coast Guard is 
                operating with respect to enforcement at sea 
                and to fishery access adjustments referred to 
                in section 303(a)(6).
          (3) The Secretary shall approve, disapprove, or 
        partially approve a plan or amendment within 30 days of 
        the end of the comment period under paragraph (1) by 
        written notice to the Council. A notice of disapproval 
        or partial approval shall specify--
                  (A) the applicable law with which the plan or 
                amendment is inconsistent;
                  (B) the nature of such inconsistencies; and
                  (C) recommendations concerning the actions 
                that could be taken by the Council to conform 
                such plan or amendment to the requirements of 
                applicable law. If the Secretary does not 
                notify a Council within 30 days of the end of 
                the comment period of the approval, 
                disapproval, or partial approval of a plan or 
                amendment, then such plan or amendment shall 
                take effect as if approved.
          (4) If the Secretary disapproves or partially 
        approves a plan or amendment, the Council may submit a 
        revised plan or amendment to the Secretary for review 
        under this subsection.
          (5) For purposes of this subsection and subsection 
        (b), the term ``immediately'' means on or before the 
        5th day after the day on which a Council transmits to 
        the Secretary a fishery management plan, plan 
        amendment, or proposed regulation that the Council 
        characterizes as final.
  (b) Review of Regulations.--(1) Upon transmittal by the 
Council to the Secretary of proposed regulations prepared under 
section 303(c), the Secretary shall immediately initiate an 
evaluation of the proposed regulations to determine whether 
they are consistent with the fishery management plan, plan 
amendment, this Act and other applicable law. Within 15 days of 
initiating such evaluation the Secretary shall make a 
determination and--
          (A) if that determination is affirmative, the 
        Secretary shall publish such regulations in the Federal 
        Register, with such technical changes as may be 
        necessary for clarity and an explanation of those 
        changes, for a public comment period of 15 to 60 days; 
        or
          (B) if that determination is negative, the Secretary 
        shall notify the Council in writing of the 
        inconsistencies and provide recommendations on 
        revisions that would make the proposed regulations 
        consistent with the fishery management plan, plan 
        amendment, this Act, and other applicable law.
  (2) Upon receiving a notification under paragraph (1)(B), the 
Council may revise the proposed regulations and submit them to 
the Secretary for reevaluation under paragraph (1).
  (3) The Secretary shall promulgate final regulations within 
30 days after the end of the comment period under paragraph 
(1)(A). The Secretary shall consult with the Council before 
making any revisions to the proposed regulations, and must 
publish in the Federal Register an explanation of any 
differences between the proposed and final regulations.
  (c) Preparation and Review of Secretarial Plans.--(1) The 
Secretary may prepare a fishery management plan, with respect 
to any fishery, or any amendment to any such plan, in 
accordance with the national standards, the other provisions of 
this Act, and any other applicable law, if--
          (A) the appropriate Council fails to develop and 
        submit to the Secretary, after a reasonable period of 
        time, a fishery management plan for such fishery, or 
        any necessary amendment to such a plan, if such fishery 
        requires conservation and management;
          (B) the Secretary disapproves or partially 
        disapproves any such plan or amendment, or disapproves 
        a revised plan or amendment, and the Council involved 
        fails to submit a revised or further revised plan or 
        amendment; or
          (C) the Secretary is given authority to prepare such 
        plan or amendment under this section.
  (2) In preparing any plan or amendment under this subsection, 
the Secretary shall--
          (A) conduct public hearings, at appropriate times and 
        locations in the geographical areas concerned, so as to 
        allow interested persons an opportunity to be heard in 
        the preparation and amendment of the plan and any 
        regulations implementing the plan; and
          (B) consult with the Secretary of State with respect 
        to foreign fishing and with the Secretary of the 
        department in which the Coast Guard is operating with 
        respect to enforcement at sea.
  (3) Notwithstanding paragraph (1) for a fishery under the 
authority of a Council, the Secretary may not include in any 
fishery management plan, or any amendment to any such plan, 
prepared by him, a provision establishing a limited access 
system, including any [individual fishing quota] limited access 
privilege program, unless such system is first approved by a 
majority of the voting members, present and voting, of each 
appropriate Council.
  (4) Whenever the Secretary prepares a fishery management plan 
or plan amendment under this section, the Secretary shall 
immediately--
          (A) for a plan or amendment for a fishery under the 
        authority of a Council, submit such plan or amendment 
        to the appropriate Council for consideration and 
        comment; and
          (B) publish in the Federal Register a notice stating 
        that the plan or amendment is available and that 
        written information, views, or comments of interested 
        persons on the plan or amendment may be submitted to 
        the Secretary during the 60-day period beginning on the 
        date the notice is published.
  (5) Whenever a plan or amendment is submitted under paragraph 
(4)(A), the appropriate Council must submit its comments and 
recommendations, if any, regarding the plan or amendment to the 
Secretary before the close of the 60-day period referred to in 
paragraph (4)(B). After the close of such 60-day period, the 
Secretary, after taking into account any such comments and 
recommendations, as well as any views, information, or comments 
submitted under paragraph (4)(B), may adopt such plan or 
amendment.
  (6) The Secretary may propose regulations in the Federal 
Register to implement any plan or amendment prepared by the 
Secretary. In the case of a plan or amendment to which 
paragraph (4)(A) applies, such regulations shall be submitted 
to the Council with such plan or amendment. The comment period 
on proposed regulations shall be 60 days, except that the 
Secretary may shorten the comment period on minor revisions to 
existing regulations.
  (7) The Secretary shall promulgate final regulations within 
30 days after the end of the comment period under paragraph 
(6). The Secretary must publish in the Federal Register an 
explanation of any substantive differences between the proposed 
and final rules. All final regulations must be consistent with 
the fishery management plan, with the national standards and 
other provisions of this Act, and with any other applicable 
law.
  (d) Establishment of Fees.--(1) The Secretary shall by 
regulation establish the level of any fees which are authorized 
to be charged pursuant to section 303(b)(1). The Secretary may 
enter into a cooperative agreement with the States concerned 
under which the States administer the permit system and the 
agreement may provide that all or part of the fees collected 
under the system shall accrue to the States. The level of fees 
charged under this subsection shall not exceed the 
administrative costs incurred in issuing the permits.
  (2)(A) Notwithstanding paragraph (1), the Secretary is 
authorized and shall collect a fee to recover the actual costs 
directly related to the [management and enforcement] 
management, data collection, and enforcement of any--
          (i) [individual fishing quota] limited access 
        privilege program; and
          (ii) community development quota program that 
        allocates a percentage of the total allowable catch of 
        a fishery to such program.
  (B) Such fee shall not exceed 3 percent of the ex-vessel 
value of fish harvested under any such program, and shall be 
collected at either the time of the landing, filing of a 
landing report, or sale of such fish during a fishing season or 
in the last quarter of the calendar year in which the fish is 
harvested.
  (C)(i) Fees collected under this paragraph shall be in 
addition to any other fees charged under this Act and shall be 
deposited in the Limited Access System Administration Fund 
established under [section 305(h)(5)(B), except that the 
portion of any such fees reserved under section 303(d)(4)(A) 
shall be deposited in the Treasury and available, subject to 
annual appropriations, to cover the costs of new direct loan 
obligations and new loan guarantee commitments as required by 
section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 
661c(b)(1)).] section 305(h)(5)(B).
  (ii) Upon application by a State, the Secretary shall 
transfer to such State up to 33 percent of any fee collected 
pursuant to subparagraph (A) under a community development 
quota program and deposited in the Limited Access System 
Administration Fund in order to reimburse such State for actual 
costs directly incurred in the management and enforcement of 
such program.
  (e) Rebuilding Overfished Fisheries.--
          (1) The Secretary shall report annually to the 
        Congress and the Councils on the status of fisheries 
        within each Council's geographical area of authority 
        and identify those fisheries that are overfished or are 
        approaching a condition of being overfished. For those 
        fisheries managed under a fishery management plan or 
        international agreement, the status shall be determined 
        using the criteria for overfishing specified in such 
        plan or agreement. A fishery shall be classified as 
        approaching a condition of being overfished if, based 
        on trends in fishing effort, fishery resource size, and 
        other appropriate factors, the Secretary estimates that 
        the fishery will become overfished within two years.
          (2) If the Secretary determines at any time that a 
        fishery is overfished, the Secretary shall immediately 
        notify the appropriate Council and request that action 
        be taken to end overfishing in the fishery and to 
        implement conservation and management measures to 
        rebuild affected stocks of fish. The Secretary shall 
        publish each notice under this paragraph in the Federal 
        Register.
          (3) Within one year of an identification under 
        paragraph (1) or notification under paragraphs (2) or 
        (7), the appropriate Council (or the Secretary, for 
        fisheries under section 302(a)(3)) shall prepare a 
        fishery management plan, plan amendment, or proposed 
        regulations for the fishery to which the identification 
        or notice applies--
                  (A) to end overfishing in the fishery and to 
                rebuild affected stocks of fish; or
                  (B) to prevent overfishing from occurring in 
                the fishery whenever such fishery is identified 
                as approaching an overfished condition.
          (4) For a fishery that is overfished, any fishery 
        management plan, amendment, or proposed regulations 
        prepared pursuant to paragraph (3) or paragraph (5) for 
        such fishery shall--
                  (A) specify a time period for ending 
                overfishing and rebuilding the fishery that 
                shall--
                          (i) be as short as possible, taking 
                        into account the status and biology of 
                        any overfished stocks of fish, the 
                        needs of fishing communities, 
                        recommendations by international 
                        organizations in which the United 
                        States participates, and the 
                        interaction of the overfished stock of 
                        fish within the marine ecosystem; and
                          (ii) not exceed 10 years, except in 
                        cases where the biology of the stock of 
                        fish, other environmental conditions, 
                        or management measures under an 
                        international agreement in which the 
                        United States participates dictate 
                        otherwise;
                  (B) allocate both overfishing restrictions 
                and recovery benefits fairly and equitably 
                among sectors of the fishery; and
                  (C) for fisheries managed under an 
                international agreement, reflect traditional 
                participation in the fishery, relative to other 
                nations, by fishermen of the United States.
          (5) If, within the one-year period beginning on the 
        date of identification or notification that a fishery 
        is overfished, the Council does not submit to the 
        Secretary a fishery management plan, plan amendment, or 
        proposed regulations required by paragraph (3)(A), the 
        Secretary shall prepare a fishery management plan or 
        plan amendment and any accompanying regulations to stop 
        overfishing and rebuild affected stocks of fish within 
        9 months under subsection (c).
          (6) During the development of a fishery management 
        plan, a plan amendment, or proposed regulations 
        required by this subsection, the Council may request 
        the Secretary to implement interim measures to reduce 
        overfishing under section 305(c) until such measures 
        can be replaced by such plan, amendment, or 
        regulations. Such measures, if otherwise in compliance 
        with the provisions of this Act, may be implemented 
        even though they are not sufficient by themselves to 
        stop overfishing of a fishery.
          (7) The Secretary shall review any fishery management 
        plan, plan amendment, or regulations required by this 
        subsection at routine intervals that may not exceed two 
        years. If the Secretary finds as a result of the review 
        that such plan, amendment, or regulations have not 
        resulted in adequate progress toward ending overfishing 
        and rebuilding affected fish stocks, the Secretary 
        shall--
                  (A) in the case of a fishery to which section 
                302(a)(3) applies, immediately make revisions 
                necessary to achieve adequate progress; or
                  (B) for all other fisheries, immediately 
                notify the appropriate Council. Such 
                notification shall recommend further 
                conservation and management measures which the 
                Council should consider under paragraph (3) to 
                achieve adequate progress.
          (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.
  (f) Fisheries under Authority of More Than One Council.--(1) 
Except as provided in paragraph (3), if any fishery extends 
beyond the geographical area of authority of any one Council, 
the Secretary may--
          (A) designate which Council shall prepare the fishery 
        management plan for such fishery and any amendment to 
        such plan; or
          (B) may require that the plan and amendment be 
        prepared jointly by the Councils concerned. No jointly 
        prepared plan or amendment may be submitted to the 
        Secretary unless it is approved by a majority of the 
        voting members, present and voting, of each Council 
        concerned.
  (2) The Secretary shall establish the boundaries between the 
geographical areas of authority of adjacent Councils.
  (g) Atlantic Highly Migratory Species.--(1) Preparation and 
implementation of plan or plan amendment. The Secretary shall 
prepare a fishery management plan or plan amendment under 
subsection (c) with respect to any highly migratory species 
fishery to which section 302(a)(3) applies. In preparing and 
implementing any such plan or amendment, the Secretary shall--
          (A) consult with and consider the comments and views 
        of affected Councils, commissioners and advisory groups 
        appointed under Acts implementing relevant 
        international fishery agreements pertaining to highly 
        migratory species, and the advisory panel established 
        under section 302(g);
          (B) establish an advisory panel under section 302(g) 
        for each fishery management plan to be prepared under 
        this paragraph;
          (C) evaluate the likely effects, if any, of 
        conservation and management measures on participants in 
        the affected fisheries and minimize, to the extent 
        practicable, any disadvantage to United States 
        fishermen in relation to foreign competitors;
          (D) with respect to a highly migratory species for 
        which the United States is authorized to harvest an 
        allocation, quota, or at a fishing mortality level 
        under a relevant international fishery agreement, 
        provide fishing vessels of the United States with a 
        reasonable opportunity to harvest such allocation, 
        quota, or at such fishing mortality level;
          (E) review, on a continuing basis (and promptly 
        whenever a recommendation pertaining to fishing for 
        highly migratory species has been made under a relevant 
        international fishery agreement), and revise as 
        appropriate, the conservation and management measures 
        included in the plan;
          (F) diligently pursue, through international entities 
        (such as the International Commission for the 
        Conservation of Atlantic Tunas), comparable 
        international fishery management measures with respect 
        to fishing for highly migratory species; and
          (G) ensure that conservation and management measures 
        under this subsection--
                  (i) promote international conservation of the 
                affected fishery;
                  (ii) take into consideration traditional 
                fishing patterns of fishing vessels of the 
                United States and the operating requirements of 
                the fisheries;
                  (iii) are fair and equitable in allocating 
                fishing privileges among United States 
                fishermen and do not have economic allocation 
                as the sole purpose; and
                  (iv) promote, to the extent practicable, 
                implementation of scientific research programs 
                that include the tagging and release of 
                Atlantic highly migratory species.
  (2) Certain fish excluded from ``bycatch'' definition.--
Notwithstanding section 3(2), fish harvested in a commercial 
fishery managed by the Secretary under this subsection or the 
Atlantic Tunas Convention Act of 1975 [(16 U.S.C. 971d)] (16 
U.S.C. 971d), or highly migratory species harvested in a 
commercial fishery managed by a Council under this Act or the 
Western and Central Pacific Fisheries Convention Implementation 
Act, that are not regulatory discards and that are tagged and 
released alive under a scientific tagging and release program 
established by the Secretary shall not be considered bycatch 
for purposes of this Act.
  (h) Repeal or Revocation of a Fishery Management Plan.--The 
Secretary may repeal or revoke a fishery management plan for a 
fishery under the authority of a Council only if the Council 
approves the repeal or revocation by a three-quarters majority 
of the voting members of the Council.
  (i) Environmental Review Process.--
          (1) Procedures.--The Secretary shall, in consultation 
        with the Councils and the Council on Environmental 
        Quality, revise and update agency procedures for 
        compliance with the National Environmental Policy Act 
        (42 U.S.C. 4231 et seq.). The procedures shall--
                  (A) conform to the time lines for review and 
                approval of fishery management plans and plan 
                amendments under this section; and
                  (B) integrate applicable environmental 
                analytical procedures, including the time 
                frames for public input, with the procedure for 
                the preparation and dissemination of fishery 
                management plans, plan amendments, and other 
                actions taken or approved pursuant to this Act 
                in order to provide for timely, clear and 
                concise analysis that is useful to decision 
                makers and the public, reduce extraneous 
                paperwork, and effectively involve the public.
          (2) Usage.--The updated agency procedures promulgated 
        in accordance with this section used by the Councils or 
        the Secretary shall be the sole environmental impact 
        assessment procedure for fishery management plans, 
        amendments, regulations, or other actions taken or 
        approved pursuant to this Act.
          (3) Schedule for promulgation of final procedures.--
        The Secretary shall--
                  (A) propose revised procedures within 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. 305. OTHER REQUIREMENTS AND AUTHORITY.

                            [16 U.S.C. 1855]

  (a) Gear Evaluation and Notification of Entry.--(1) Not later 
than 18 months after the date of enactment of the Sustainable 
Fisheries Act, the Secretary shall publish in the Federal 
Register, after notice and an opportunity for public comment, a 
list of all fisheries--
          (A) under the authority of each Council and all 
        fishing gear used in such fisheries, based on 
        information submitted by the Councils under section 
        303(a); and
          (B) to which section 302(a)(3) applies and all 
        fishing gear used in such fisheries.
  (2) The Secretary shall include with such list guidelines for 
determining when fishing gear or a fishery is sufficiently 
different from those listed as to require notification under 
paragraph (3).
  (3) Effective 180 days after the publication of such list, no 
person or vessel may employ fishing gear or engage in a fishery 
not included on such list without giving 90 days advance 
written notice to the appropriate Council, or the Secretary 
with respect to a fishery to which section 302(a)(3) applies. A 
signed return receipt shall serve as adequate evidence of such 
notice and as the date upon which the 90-day period begins.
  (4) A Council may submit to the Secretary any proposed 
changes to such list or such guidelines the Council deems 
appropriate. The Secretary shall publish a revised list, after 
notice and an opportunity for public comment, upon receiving 
any such proposed changes from a Council.
  (5) A Council may request the Secretary to promulgate 
emergency regulations under subsection (c) to prohibit any 
persons or vessels from using an unlisted fishing gear or 
engaging in an unlisted fishery if the appropriate Council, or 
the Secretary for fisheries to which section 302(a)(3) applies, 
determines that such unlisted gear or unlisted fishery would 
compromise the effectiveness of conservation and management 
efforts under this Act.
  (6) Nothing in this subsection shall be construed to permit a 
person or vessel to engage in fishing or employ fishing gear 
when such fishing or gear is prohibited or restricted by 
regulation under a fishery management plan or plan amendment, 
or under other applicable law.
  (b) Fish Habitat.--(1)(A) The Secretary shall, within 6 
months of the date of enactment of the Sustainable Fisheries 
Act, establish by regulation guidelines to assist the Councils 
in the description and identification of essential fish habitat 
in fishery management plans (including adverse impacts on such 
habitat) and in the consideration of actions to ensure the 
conservation and enhancement of such habitat. The Secretary 
shall set forth a schedule for the amendment of fishery 
management plans to include the identification of essential 
fish habitat and for the review and updating of such 
identifications based on new scientific evidence or other 
relevant information.
  (B) The Secretary, in consultation with participants in the 
fishery, shall provide each Council with recommendations and 
information regarding each fishery under that Council's 
authority to assist it in the identification of essential fish 
habitat, the adverse impacts on that habitat, and the actions 
that should be considered to ensure the conservation and 
enhancement of that habitat.
  (C) The Secretary shall review programs administered by the 
Department of Commerce and ensure that any relevant programs 
further the conservation and enhancement of essential fish 
habitat.
  (D) The Secretary shall coordinate with and provide 
information to other Federal agencies to further the 
conservation and enhancement of essential fish habitat.
  (2) Each Federal agency shall consult with the Secretary with 
respect to any action authorized, funded, or undertaken, or 
proposed to be authorized, funded, or undertaken, by such 
agency that may adversely affect any essential fish habitat 
identified under this Act.
  (3) Each Council--
          (A) may comment on and make recommendations to the 
        Secretary and any Federal or State agency concerning 
        any activity authorized, funded, or undertaken, or 
        proposed to be authorized, funded, or undertaken, by 
        any Federal or State agency that, in the view of the 
        Council, may affect the habitat, including essential 
        fish habitat, of a fishery resource under its 
        authority; and
          (B) shall comment on and make recommendations to the 
        Secretary and any Federal or State agency concerning 
        any such activity that, in the view of the Council, is 
        likely to substantially affect the habitat, including 
        essential fish habitat, of an anadromous fishery 
        resource under its authority.
  (4)(A) If the Secretary receives information from a Council 
or Federal or State agency or determines from other sources 
that an action authorized, funded, or undertaken, or proposed 
to be authorized, funded, or undertaken, by any State or 
Federal agency would adversely affect any essential fish 
habitat identified under this Act, the Secretary shall 
recommend to such agency measures that can be taken by such 
agency to conserve such habitat.
  (B) Within 30 days after receiving a recommendation under 
subparagraph (A), a Federal agency shall provide a detailed 
response in writing to any Council commenting under paragraph 
(3) and the Secretary regarding the matter. The response shall 
include a description of measures proposed by the agency for 
avoiding, mitigating, or offsetting the impact of the activity 
on such habitat. In the case of a response that is inconsistent 
with the recommendations of the Secretary, the Federal agency 
shall explain its reasons for not following the 
recommendations.
  (c) Emergency Actions and Interim Measures.--(1) If the 
Secretary finds that an emergency exists or that interim 
measures are needed to reduce overfishing for any fishery, he 
may promulgate emergency regulations or interim measures 
necessary to address the emergency or overfishing, without 
regard to whether a fishery management plan exists for such 
fishery.
  (2) If a Council finds that an emergency exists or that 
interim measures are needed to reduce overfishing for any 
fishery within its jurisdiction, whether or not a fishery 
management plan exists for such fishery--
          (A) the Secretary shall promulgate emergency 
        regulations or interim measures under paragraph (1) to 
        address the emergency or overfishing if the Council, by 
        unanimous vote of the members who are voting members, 
        requests the taking of such action; and
          (B) the Secretary may promulgate emergency 
        regulations or interim measures under paragraph (1) to 
        address the emergency or overfishing if the Council, by 
        less than a unanimous vote, requests the taking of such 
        action.
  (3) Any emergency regulation or interim measure which changes 
any existing fishery management plan or amendment shall be 
treated as an amendment to such plan for the period in which 
such regulation is in effect. Any emergency regulation or 
interim measure promulgated under this subsection--
          (A) shall be published in the Federal Register 
        together with the reasons therefor;
          (B) shall, except as provided in subparagraph (C), 
        remain in effect for not more than [180 days] 186 days 
        after the date of publication, and may be extended by 
        publication in the Federal Register for one additional 
        period of not more than 180 days, provided the public 
        has had an opportunity to comment on the emergency 
        regulation or interim measure, and, in the case of a 
        Council recommendation for emergency regulations or 
        interim measures, the Council is actively preparing a 
        fishery management plan, plan amendment, or proposed 
        regulations to address the emergency or overfishing on 
        a permanent basis;
          (C) that responds to a public health emergency or an 
        oil spill may remain in effect until the circumstances 
        that created the emergency no longer exist, Provided, 
        That the public has an opportunity to comment after the 
        regulation is published, and, in the case of a public 
        health emergency, the Secretary of Health and Human 
        Services concurs with the Secretary's action; and
          (D) may be terminated by the Secretary at an earlier 
        date by publication in the Federal Register of a notice 
        of termination, except for emergency regulations or 
        interim measures promulgated under paragraph (2) in 
        which case such early termination may be made only upon 
        the agreement of the Secretary and the Council 
        concerned.
  (d) Responsibility of Secretary.--The Secretary shall have 
general responsibility to carry out any fishery management plan 
or amendment approved or prepared by him, in accordance with 
the provisions of this Act. The Secretary may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to discharge such 
responsibility or to carry out any other provision of this Act.
  (e) Effect of Certain Laws on Certain Time Requirements.--The 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and 
Executive Order Numbered 12866, dated September 30, 1993, shall 
be complied with within the time limitations specified in 
subsections (a), (b), and (c) of section 304 as they apply to 
the functions of the Secretary under such provisions.
  (f) Judicial Review.--(1) Regulations promulgated by the 
Secretary under this Act and actions described in paragraph (2) 
shall be subject to judicial review to the extent authorized 
by, and in accordance with, chapter 7 of title 5, United States 
Code, if a petition for such review is filed within 30 days 
after the date on which the regulations are promulgated or the 
action is published in the Federal Register, as applicable; 
except that--
          (A) section 705 of such title is not applicable, and
          (B) the appropriate court shall only set aside any 
        such regulation or action on a ground specified in 
        section 706(2)(A), (B), (C), or (D) of such title.
  (2) The actions referred to in paragraph (1) are actions that 
are taken by the Secretary under regulations which implement a 
fishery management plan, including but not limited to actions 
that establish the date of closure of a fishery to commercial 
or recreational fishing.
  (3)(A) Notwithstanding any other provision of law, the 
Secretary shall file a response to any petition filed in 
accordance with paragraph (1), not later than 45 days after the 
date the Secretary is served with that petition, except that 
the appropriate court may extend the period for filing such a 
response upon a showing by the Secretary of good cause for that 
extension.
  (B) A response of the Secretary under this paragraph shall 
include a copy of the administrative record for the regulations 
that are the subject of the petition.
  (4) Upon a motion by the person who files a petition under 
this subsection, the appropriate court shall assign the matter 
for hearing at the earliest possible date and shall expedite 
the matter in every possible way.
  (g) Negotiated Conservation and Management Measures.--(1)(A) 
In accordance with regulations promulgated by the Secretary 
pursuant to this paragraph, a Council may establish a fishery 
negotiation panel to assist in the development of specific 
conservation and management measures for a fishery under its 
authority. The Secretary may establish a fishery negotiation 
panel to assist in the development of specific conservation and 
management measures required for a fishery under section 
304(e)(5), for a fishery for which the Secretary has authority 
under section 304(g), or for any other fishery with the 
approval of the appropriate Council.
  (B) No later than 180 days after the date of enactment of the 
Sustainable Fisheries Act, the Secretary shall promulgate 
regulations establishing procedures, developed in cooperation 
with the Administrative Conference of the United States, for 
the establishment and operation of fishery negotiation panels. 
Such procedures shall be comparable to the procedures for 
negotiated rulemaking established by subchapter III of chapter 
5 of title 5, United States Code.
  (2) If a negotiation panel submits a report, such report 
shall specify all the areas where consensus was reached by the 
panel, including, if appropriate, proposed conservation and 
management measures, as well as any other information submitted 
by members of the negotiation panel. Upon receipt, the 
Secretary shall publish such report in the Federal Register for 
public comment.
  (3) Nothing in this subsection shall be construed to require 
either a Council or the Secretary, whichever is appropriate, to 
use all or any portion of a report from a negotiation panel 
established under this subsection in the development of 
specific conservation and management measures for the fishery 
for which the panel was established.
  (h) Central Registry System for Limited Access 
SystemPpermits.--(1) Within 6 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
establish an exclusive central registry system (which may be 
administered on a regional basis) for limited access system 
permits established under section 303(b)(6) or other Federal 
law, including [individual fishing quotas,] limited access 
privileges, which shall provide for the registration of title 
to, and interests in, such permits, as well as for procedures 
for changes in the registration of title to such permits upon 
the occurrence of involuntary transfers, judicial or 
nonjudicial foreclosure of interests, enforcement of judgments 
thereon, and related matters deemed appropriate by the 
Secretary. Such registry system shall--
          (A) provide a mechanism for filing notice of a 
        nonjudicial foreclosure or enforcement of a judgment by 
        which the holder of a senior security interest acquires 
        or conveys ownership of a permit, and in the event of a 
        nonjudicial foreclosure, by which the interests of the 
        holders of junior security interests are released when 
        the permit is transferred;
          (B) provide for public access to the information 
        filed under such system, notwithstanding section 
        402(b); and
          (C) provide such notice and other requirements of 
        applicable law that the Secretary deems necessary for 
        an effective registry system.
  (2) The Secretary shall promulgate such regulations as may be 
necessary to carry out this subsection, after consulting with 
the Councils and providing an opportunity for public comment. 
The Secretary is authorized to contract with non-Federal 
entities to administer the central registry system.
  (3) To be effective and perfected against any person except 
the transferor, its heirs and devisees, and persons having 
actual notice thereof, all security interests, and all sales 
and other transfers of permits described in paragraph (1), 
shall be registered in compliance with the regulations 
promulgated under paragraph (2). Such registration shall 
constitute the exclusive means of perfection of title to, and 
security interests in, such permits, except for Federal tax 
liens thereon, which shall be perfected exclusively in 
accordance with the Internal Revenue Code of 1986 (26 U.S.C. 1 
et seq.). The Secretary shall notify both the buyer and seller 
of a permit if a lien has been filed by the Secretary of the 
Treasury against the permit before collecting any transfer fee 
under paragraph (5) of this subsection.
  (4) The priority of security interests shall be determined in 
order of filing, the first filed having the highest priority. A 
validly-filed security interest shall remain valid and 
perfected notwithstanding a change in residence or place of 
business of the owner of record. For the purposes of this 
subsection, ``security interest'' shall include security 
interests, assignments, liens and other encumbrances of 
whatever kind.
  (5)(A) Notwithstanding section 304(d)(1), the Secretary shall 
collect a reasonable fee of not more than one-half of one 
percent of the value of a limited access system permit upon 
registration of the title to such permit with the central 
registry system and upon the transfer of such registered title. 
Any such fee collected shall be deposited in the Limited Access 
System Administration Fund established under subparagraph (B).
  (B) There is established in the Treasury a Limited Access 
System Administration Fund. The Fund shall be available, 
without appropriation or fiscal year limitation, only to the 
Secretary for the purposes of--
          (i) administering the central registry system; and
          (ii) administering and implementing this Act in the 
        fishery in which the fees were collected. Sums in the 
        Fund that are not currently needed for these purposes 
        shall be kept on deposit or invested in obligations of, 
        or guaranteed by, the United States.
  (i) Alaska and Western Pacific Community Development 
Programs.--
          (1)(A) The North Pacific Council and the Secretary 
        shall establish a western Alaska community development 
        quota program under which a percentage of the total 
        allowable catch of any Bering Sea fishery is allocated 
        to the program.
          (B) [To] Except as provided in subparagraph (E), to 
        be eligible to participate in the western Alaska 
        community development quota program under subparagraph 
        (A) a community shall--
                  (i) be located within 50 nautical miles from 
                the baseline from which the breadth of the 
                territorial sea is measured along the Bering 
                Sea coast from the Bering Strait to the western 
                most of the Aleutian Islands, or on an island 
                within the Bering Sea;
                  (ii) not be located on the Gulf of Alaska 
                coast of the north Pacific Ocean;
                  (iii) meet criteria developed by the Governor 
                of Alaska, approved by the Secretary, and 
                published in the Federal Register;
                  (iv) be certified by the Secretary of the 
                Interior pursuant to the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 et seq.) to be a 
                Native village;
                  (v) consist of residents who conduct more 
                than one-half of their current commercial or 
                subsistence fishing effort in the waters of the 
                Bering Sea or waters surrounding the Aleutian 
                Islands; and
                  (vi) not have previously developed harvesting 
                or processing capability sufficient to support 
                substantial participation in the groundfish 
                fisheries in the Bering Sea, unless the 
                community can show that the benefits from an 
                approved Community Development Plan would be 
                the only way for the community to realize a 
                return from previous investments.
          (C)(i) Prior to October 1, 2001, the North Pacific 
        Council may not submit to the Secretary any fishery 
        management plan, plan amendment, or regulation that 
        allocates to the western Alaska community development 
        quota program a percentage of the total allowable catch 
        of any Bering Sea fishery for which, prior to October 
        1, 1995, the Council had not approved a percentage of 
        the total allowable catch for allocation to such 
        community development quota program. The expiration of 
        any plan, amendment, or regulation that meets the 
        requirements of clause (ii) prior to October 1, 2001, 
        shall not be construed to prohibit the Council from 
        submitting a revision or extension of such plan, 
        amendment, or regulation to the Secretary if such 
        revision or extension complies with the other 
        requirements of this paragraph.
                  (ii) With respect to a fishery management 
                plan, plan amendment, or regulation for a 
                Bering Sea fishery that--
                          (I) allocates to the western Alaska 
                        community development quota program a 
                        percentage of the total allowable catch 
                        of such fishery; and
                          (II) was approved by the North 
                        Pacific Council prior to October 1, 
                        1995; the Secretary shall, except as 
                        provided in clause (iii) and after 
                        approval of such plan, amendment, or 
                        regulation under section 304, allocate 
                        to the program the percentage of the 
                        total allowable catch described in such 
                        plan, amendment, or regulation. Prior 
                        to October 1, 2001, the percentage 
                        submitted by the Council and approved 
                        by the Secretary for any such plan, 
                        amendment, or regulation shall be no 
                        greater than the percentage approved by 
                        the Council for such fishery prior to 
                        October 1, 1995.
                  (iii) The Secretary shall phase in the 
                percentage for community development quotas 
                approved in 1995 by the North Pacific Council 
                for the Bering Sea crab fisheries as follows:
                          (I) 3.5 percent of the total 
                        allowable catch of each such fishery 
                        for 1998 shall be allocated to the 
                        western Alaska community development 
                        quota program;
                          (II) 5 percent of the total allowable 
                        catch of each such fishery for 1999 
                        shall be allocated to the western 
                        Alaska community development quota 
                        program; and
                          (III) 7.5 percent of the total 
                        allowable catch of each such fishery 
                        for 2000 and thereafter shall be 
                        allocated to the western Alaska 
                        community development quota program, 
                        unless the North Pacific Council 
                        submits and the Secretary approves a 
                        percentage that is no greater than 7.5 
                        percent of the total allowable catch of 
                        each such fishery for 2001 or the North 
                        Pacific Council submits and the 
                        Secretary approves any other percentage 
                        on or after October 1, 2001.
          (D) This paragraph shall not be construed to require 
        the North Pacific Council to resubmit, or the Secretary 
        to reapprove, any fishery management plan or plan 
        amendment approved by the North Pacific Council prior 
        to October 1, 1995, that includes a community 
        development quota program, or any regulations to 
        implement such plan or amendment.
                  (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.
  (2)(A) The Western Pacific Council and the Secretary may 
establish a western Pacific community development program for 
any fishery under the authority of such Council in order to 
provide access to such fishery for western Pacific communities 
that participate in the program.
  (B) To be eligible to participate in the western Pacific 
community development program, a community shall--
          (i) be located within the Western Pacific Regional 
        Fishery Management Area;
          (ii) meet criteria developed by the Western Pacific 
        Council, approved by the Secretary and published in the 
        Federal Register;
          (iii) consist of community residents who are 
        descended from the aboriginal people indigenous to the 
        area who conducted commercial or subsistence fishing 
        using traditional fishing practices in the waters of 
        the Western Pacific region;
          (iv) not have previously developed harvesting or 
        processing capability sufficient to support substantial 
        participation in fisheries in the Western Pacific 
        Regional Fishery Management Area; and
          (v) develop and submit a Community Development Plan 
        to the Western Pacific Council and the Secretary.
  (C) In developing the criteria for eligible communities under 
subparagraph (B)(ii), the Western Pacific Council shall base 
such criteria on traditional fishing practices in or dependence 
on the fishery, the cultural and social framework relevant to 
the fishery, and economic barriers to access to the fishery.
  (D) For the purposes of this subsection ``Western Pacific 
Regional Fishery Management Area'' means the area under the 
jurisdiction of the Western Pacific Council, or an island 
within such area.
  (E) Notwithstanding any other provision of this Act, the 
Western Pacific Council shall take into account traditional 
indigenous fishing practices in preparing any fishery 
management plan.
  (3) The Secretary shall deduct from any fees collected from a 
community development quota program under section 304(d)(2) the 
costs incurred by participants in the program for observer and 
reporting requirements which are in addition to observer and 
reporting requirements of other participants in the fishery in 
which the allocation to such program has been made.
  (4) After the date of enactment of the Sustainable Fisheries 
Act, the North Pacific Council and Western Pacific Council may 
not submit to the Secretary a community development quota 
program that is not in compliance with this subsection.
  (j) Western Pacific 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.
  (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. 307. PROHIBITED ACTS.

                            [16 U.S.C. 1857]

  It is unlawful--
          (1) for any person--
                  (A) to violate any provision of this Act or 
                any regulation or permit issued pursuant to 
                this Act;
                  (B) to use any fishing vessel to engage in 
                fishing after the revocation, or during the 
                period of suspension, of an applicable permit 
                issued pursuant to this Act;
                  (C) to violate any provision of, or 
                regulation under, an applicable governing 
                international fishery agreement entered into 
                pursuant to section 201(c);
                  (D) to refuse to permit any officer 
                authorized to enforce the provisions of this 
                Act (as provided for in section 311) to board a 
                fishing vessel subject to such person's control 
                for purposes of conducting any search or 
                inspection in connection with the enforcement 
                of this Act or any regulation, permit, or 
                agreement referred to in subparagraph (A) or 
                (C);
                  (E) to forcibly assault, resist, oppose, 
                impede, intimidate, or interfere with any such 
                authorized officer in the conduct of any search 
                or inspection described in subparagraph (D);
                  (F) to resist a lawful arrest for any act 
                prohibited by this section;
                  (G) to ship, transport, offer for sale, sell, 
                purchase, import, export, or have custody, 
                control, or possession of, any fish taken or 
                retained in violation of this Act or any 
                regulation, permit, or agreement referred to in 
                subparagraph (A) or (C);
                  (H) to interfere with, delay, or prevent, by 
                any means, the apprehension or arrest of 
                another person, knowing that such other person 
                has committed any act prohibited by this 
                section;
                  (I) to knowingly and willfully submit to a 
                Council, the Secretary, or the Governor of a 
                State false information (including, but not 
                limited to, false information regarding the 
                capacity and extent to which a United States 
                fish processor, on an annual basis, will 
                process a portion of the optimum yield of a 
                fishery that will be harvested by fishing 
                vessels of the United States) regarding any 
                matter that the Council, Secretary, or Governor 
                is considering in the course of carrying out 
                this Act;
                  (J) to ship, transport, offer for sale, sell, 
                or purchase, in interstate or foreign commerce, 
                any whole live lobster of the species Homarus 
                americanus, that--
                          (i) is smaller than the minimum 
                        possession size in effect at the time 
                        under the American Lobster Fishery 
                        Management Plan, as implemented by 
                        regulations published in part 649 of 
                        title 50, Code of Federal Regulations, 
                        or any successor to that plan 
                        implemented under this title, or in the 
                        absence of any such plan, is smaller 
                        than the minimum possession size in 
                        effect at the time under a coastal 
                        fishery management plan for American 
                        lobster adopted by the Atlantic States 
                        Marine Fisheries Commission under the 
                        Atlantic Coastal Fisheries Cooperative 
                        Management Act (16 U.S.C. 5101 et 
                        seq.);
                          (ii) is bearing eggs attached to its 
                        abdominal appendages; or
                          (iii) bears evidence of the forcible 
                        removal of extruded eggs from its 
                        abdominal appendages;
                  (K) to steal or attempt to steal or to 
                negligently and without authorization remove, 
                damage, or tamper with--
                          (i) fishing gear owned by another 
                        person, which is located in the 
                        exclusive economic zone,
                          (ii) fish contained in such fishing 
                        gear;
                  (L) to forcibly assault, resist, oppose, 
                impede, intimidate, sexually harass, bribe, or 
                interfere with any observer on a vessel under 
                this Act, or any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act;
                  (M) to engage in large-scale driftnet fishing 
                that is subject to the jurisdiction of the 
                United States, including use of a fishing 
                vessel of the United States to engage in such 
                fishing beyond the exclusive economic zone of 
                any nation;
                  (N) to strip pollock of its roe and discard 
                the flesh of the pollock;
                  (O) to knowingly and willfully fail to 
                disclose, or to falsely disclose, any financial 
                interest as required under section 302(j), or 
                to knowingly vote on a Council decision in 
                violation of section 302(j)(7)(A); [or]
                  (P)(i) to remove any of the fins of a shark 
                (including the tail) and discard the carcass of 
                the shark at sea;
                  (ii) to have custody, control, or possession 
                of any such fin aboard a fishing vessel without 
                the corresponding carcass; or
                  (iii) to land any such fin without the 
                corresponding [carcass.]carcass;
                  (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).
        For purposes of subparagraph (P) there is a rebuttable 
        presumption that any shark fins landed from a fishing 
        vessel or found on board a fishing vessel were taken, 
        held, or landed in violation of subparagraph (P) if the 
        total weight of shark fins landed or found on board 
        exceeds 5 percent of the total weight of shark 
        carcasses landed or found on board.
          (2) for any vessel other than a vessel of the United 
        States, and for the owner or operator of any vessel 
        other than a vessel of the United States, to engage--
                  (A) in fishing within the boundaries of any 
                State, except--
                          (i) recreational fishing permitted 
                        under section 201(i);
                          (ii) fish processing permitted under 
                        section 306(c); or
                          (iii) transshipment at sea of fish or 
                        fish products within the boundaries of 
                        any State in accordance with a permit 
                        approved under section 204(d);
                  (B) in fishing, except recreational fishing 
                permitted under section 201(i), within the 
                exclusive economic zone, or for any anadromous 
                species or Continental Shelf fishery resources 
                beyond such zone, unless such fishing is 
                authorized by, and conducted in accordance 
                with, a valid and applicable permit issued 
                pursuant to section 204(b), (c), or (d); or
                  (C) except as permitted under section 306(c), 
                in fish processing (as defined in paragraph 
                (4)(A) of such section) within the internal 
                waters of a State (as defined in paragraph 
                (4)(B) of such section);
          (3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to transfer at sea directly or indirectly, or attempt 
        to so transfer at sea, any United States harvested fish 
        to any foreign fishing vessel, while such foreign 
        vessel is within the exclusive economic zone or within 
        the boundaries of any State except to the extent that 
        the foreign fishing vessel has been permitted under 
        section 204(d) or section 306(c) to receive such fish;
          (4) for any fishing vessel other than a vessel of the 
        United States to operate, and for the owner or operator 
        of a fishing vessel other than a vessel of the United 
        States to operate such vessel, in the exclusive 
        economic zone or within the boundaries of any State, 
        if--
                  (A) all fishing gear on the vessel is not 
                stored below deck or in an area where it is not 
                normally used, and not readily available, for 
                fishing; or
                  (B) all fishing gear on the vessel which is 
                not so stored is not secured and covered so as 
                to render it unusable for fishing; unless such 
                vessel is authorized to engage in fishing in 
                the area in which the vessel is operating; and
          (5) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to engage in fishing in the waters of a foreign nation 
        in a manner that violates an international fishery 
        agreement between that nation and the United States 
        that has been subject to Congressional oversight in the 
        manner described in section 203, or any regulations 
        issued to implement such an agreement; except that the 
        binding provisions of such agreement and implementing 
        regulations shall have been published in the Federal 
        Register prior to such violation.

SEC. 308. CIVIL PENALTIES AND PERMIT SANCTIONS.

                            [16 U.S.C. 1858]

  (a) Assessment of Penalty.--Any person who is found by the 
Secretary, after notice and an opportunity for a hearing in 
accordance with section 554 of title 5, United States Code, to 
have committed an act prohibited by section 307 shall be liable 
to the United States for a civil penalty. The amount of the 
civil penalty shall not exceed [$100,000] $240,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate offense. The amount of such civil penalty shall be 
assessed by the Secretary, or his designee, by written notice. 
In determining the amount of such penalty, the Secretary shall 
take into account the nature, circumstances, extent, and 
gravity of the prohibited acts committed and, with respect to 
the violator, the degree of culpability, any history of prior 
offenses, and such other matters as justice may require. In 
assessing such penalty the Secretary may also consider any 
information provided by the violator relating to the ability of 
the violator to pay, Provided, That the information is served 
on the Secretary at least 30 days prior to an administrative 
hearing.
  (b) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under subsection (a) or against whom a 
permit sanction is imposed under subsection (g) (other than a 
permit suspension for nonpayment of penalty or fine) may obtain 
review thereof in the United States district court for the 
appropriate district by filing a complaint against the 
Secretary in such court within 30 days from the date of such 
order. The Secretary shall promptly file in such court a 
certified copy of the record upon which such violation was 
found or such penalty imposed, as provided in section 2112 of 
title 28, United States Code. The findings and order of the 
Secretary shall be set aside by such court if they are not 
found to be supported by substantial evidence, as provided in 
section 706(2) of title 5, United States Code.
  (c) Action upon Failure to Pay Assessment.--If any person 
fails to pay an assessment of a civil penalty after it has 
become a final and unappealable order, or after the appropriate 
court has entered final judgment in favor of the Secretary, the 
Secretary shall refer the matter to the Attorney General of the 
United States, who shall recover the amount assessed in any 
appropriate district court of the United States. In such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  (d) In Rem Jurisdiction.--A fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) used 
in the commission of an act prohibited by section 307 shall be 
liable in rem for any civil penalty assessed for such violation 
under section 308 and may be proceeded against in any district 
court of the United States having jurisdiction thereof. Such 
penalty shall constitute a maritime lien on such vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
  (e) Compromise or Other Action by Secretary.--The Secretary 
may compromise, modify, or remit, with or without conditions, 
any civil penalty which is subject to imposition or which has 
been imposed under this section.
  (f) Subpenas.--For the purposes of conducting any hearing 
under [this section,] this Act (or any other marine resource 
law enforced by the Secretary), the Secretary may issue 
subpenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may 
administer oaths. Witnesses summoned shall be paid the same 
fees and mileage that are paid to witnesses in the courts of 
the United States. In case of contempt or refusal to obey a 
subpena served upon any person pursuant to this subsection, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the Secretary 
or to appear and produce documents before the Secretary, or 
both, and any failure to obey such order of the court may be 
punished by such court as a contempt thereof.
  (g) Permit Sanctions.--(1) In any case in which (A) a vessel 
has been used in the commission of an act prohibited under 
section 307, (B) the owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under 
this Act has acted in violation of section 307, (C) any amount 
in settlement of a civil forfeiture imposed on a vessel or 
other property, or any civil penalty or criminal fine imposed 
on a vessel or owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under 
any marine resource law enforced by the Secretary has not been 
paid and is overdue, or (D) any payment required for observer 
services provided to or contracted by an owner or operator who 
has been issued a permit or applied for a permit under any 
marine resource law administered by the Secretary has not been 
paid and is overdue, the Secretary may--
          (i) revoke any permit issued with respect to such 
        vessel or person, with or without prejudice to the 
        issuance of subsequent permits;
          (ii) suspend such permit for a period of time 
        considered by the Secretary to be appropriate;
          (iii) deny such permit; or
          (iv) impose additional conditions and restrictions on 
        any permit issued to or applied for by such vessel or 
        person under this Act and, with respect to foreign 
        fishing vessels, on the approved application of the 
        foreign nation involved and on any permit issued under 
        that application.
  (2) In imposing a sanction under this subsection, the 
Secretary shall take into account--
          (A) the nature, circumstances, extent, and gravity of 
        the prohibited acts for which the sanction is imposed; 
        and
          (B) with respect to the violator, the degree of 
        culpability, any history of prior offenses, and such 
        other matters as justice may require.
  (3) Transfer of ownership of a vessel, 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, a permit, or any 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] the vessel, permit, or interest at the time of 
the transfer.
  (4) In the case of any permit that is suspended under this 
subsection for nonpayment of a civil penalty or criminal fine, 
or any amount in settlement of a civil forfeiture, the 
Secretary shall reinstate the permit upon payment of the 
[penalty or fine] penalty, fine, or settlement amount and 
interest thereon at the prevailing rate.
  (5) No sanctions shall be imposed under this subsection 
unless there has been a prior opportunity for a hearing on the 
facts underlying the violation for which the sanction is 
imposed, either in conjunction with a civil penalty proceeding 
under this section or otherwise.

[SEC. 309. CRIMINAL OFFENSES.

                            [16 U.S.C. 1859]

  [(a) Offenses.--A person is guilty of an offense if he 
commits any act prohibited by--
          [(1) section 307(1)(D), (E), (F), (H), (I), or (L); 
        or
          [(2) section 307(2).
  [(b) Punishment.--Any offense described in subsection (a)(1) 
is punishable by a fine or not more than $100,000, or 
imprisonment for not more than 6 months, or both; except that 
if in the commission of any such offense the person uses a 
dangerous weapon, engages in conduct that causes bodily injury 
to any observer described in section 307(1)(L) or any officer 
authorized to enforce the provisions of this Act (as provided 
for in section 311), or places any such observer or officer in 
fear of imminent bodily injury, the offense is punishable by a 
fine of not more than $200,000, or imprisonment for not more 
than 10 years, or both. Any offense described in subsection 
(a)(2) is punishable by a fine of not more than $200,000.
  [(c) Jurisdiction.--There is Federal jurisdiction over any 
offense described in this section.]

SEC. 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.

SEC. 310. CIVIL FORFEITURES.

                            [16 U.S.C. 1860]

  (a) In General.--Any fishing vessel (including its fishing 
gear, furniture, appurtenances, stores, and cargo) used, and 
any fish (or the fair market value thereof) taken or retained, 
in any manner, in connection with or as a result of the 
commission of any act prohibited by section 307 [(other than 
any act for which the issuance of a citation under section 
311(c) is sufficient sanction)] shall be subject to forfeiture 
to the United [States.] 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. All or part of such vessel may, 
and all such fish (or the fair market value thereof) shall, be 
forfeited to the United States pursuant to a civil proceeding 
under this section.
  (b) Jurisdiction of District Courts.--Any district court of 
the United States which has jurisdiction under section 311(d) 
shall have jurisdiction, upon application by the Attorney 
General on behalf of the United States, to order any forfeiture 
authorized under subsection (a) and any action provided for 
under subsection (d).
  (c) Judgment.--If a judgment is entered for the United States 
in a civil forfeiture proceeding under this section, the 
Attorney General may seize any property or other interest 
declared forfeited to the United States, which has not 
previously been seized pursuant to this Act or for which 
security has not previously been obtained under subsection (d). 
The provisions of the customs laws relating to--
          (1) the seizure, forfeiture, and condemnation of 
        property for violation of the customs law;
          (2) the disposition of such property or the proceeds 
        from the sale thereof; and
          (3) the remission or mitigation of any such 
        forfeiture; shall apply to seizures and forfeitures 
        incurred, or alleged to have been incurred, under the 
        provisions of this Act, unless such provisions are 
        inconsistent with the purposes, policy, and provisions 
        of this Act. The duties and powers imposed upon the 
        Commissioner of Customs or other persons under such 
        provisions shall, with respect to this Act, be 
        performed by officers or other persons designated for 
        such purpose by the Secretary.
  (d) Procedure.--(1) Any officer authorized to serve any 
process in rem which is issued by a court having jurisdiction 
under section 311(d) shall--
          (A) stay the execution of such process; or
          (B) discharge any fish seized pursuant to such 
        process; upon the receipt of a satisfactory bond or 
        other security from any person claiming such property. 
        Such bond or other security shall be conditioned upon 
        such person (i) delivering such property to the 
        appropriate court upon order thereof, without any 
        impairment of its value, or (ii) paying the monetary 
        value of such property pursuant to an order of such 
        court. Judgment shall be recoverable on such bond or 
        other security against both the principal and any 
        sureties in the event that any condition thereof is 
        breached, as determined by such court. Nothing in this 
        paragraph may be construed to require the Secretary, 
        except in the Secretary's discretion or pursuant to the 
        order of a court under section 311(d), to release on 
        bond any seized fish or other property or the proceeds 
        from the sale thereof.
  (2) Any fish seized pursuant to this Act may be sold, subject 
to the approval and direction of the appropriate court, for not 
less than the fair market value thereof. The proceeds of any 
such sale shall be deposited with such court pending the 
disposition of the matter involved.
  (e) Rebuttable Presumption.--
          (1) For purposes of this section, it shall be a 
        rebuttable presumption that all fish found on board a 
        fishing vessel which is seized in connection with an 
        act prohibited by section 307 were taken or retained in 
        violation of this Act.
          (2) For purposes of this Act, it shall be a 
        rebuttable presumption that any fish of a species which 
        spawns in fresh or estuarine waters and migrates to 
        ocean waters that is found on board a vessel is of 
        United States origin if the vessel is within the 
        migratory range of the species during that part of the 
        year to which the migratory range applies.
          (3) For purposes of this Act, it shall be a 
        rebuttable presumption that any vessel that is 
        shoreward of the outer boundary of the exclusive 
        economic zone of the United States or beyond the 
        exclusive economic zone of any nation, and that has 
        gear on board that is capable of use for large-scale 
        driftnet fishing, is engaged in such fishing.

SEC. 311. ENFORCEMENT.

                            [16 U.S.C. 1861]

  (a) Responsibility.--The provisions of this [Act] Act, and 
the provisions of any marine resource law administered by the 
Secretary, shall be enforced by the Secretary and the Secretary 
of the department in which the Coast Guard is operating. Such 
Secretaries may, by agreement, on a reimbursable basis or 
otherwise, utilize the personnel, services, equipment 
(including aircraft and vessels), and facilities of any other 
Federal agency, including all elements of the Department of 
Defense, and of any [State agency,] agency of any State, 
Territory, Commonwealth, or Tribe, in the performance of such 
duties.
  (b) Powers of Authorized Officers.--
          (1) Any officer who is authorized (by the Secretary, 
        the Secretary of the department in which the Coast 
        Guard is operating, or the head of any [Federal or 
        State] agency which has entered into an agreement with 
        such Secretaries under subsection (a)) to enforce the 
        provisions of this Act may--
                  (A) with or without a warrant or other 
                process--
                          (i) arrest any person, if he has 
                        reasonable cause to believe that such 
                        person has committed an act prohibited 
                        by section 307;
                          (ii) board, and search or inspect, 
                        any fishing vessel which is subject to 
                        the provisions of this Act;
                          (iii) seize any fishing vessel 
                        (together with its fishing gear, 
                        furniture, appurtenances, stores, and 
                        cargo) used or employed in, or with 
                        respect to which it reasonably appears 
                        that such vessel was used or employed 
                        in, the violation of any provision of 
                        this Act;
                          (iv) seize any fish (wherever found) 
                        taken or retained in violation of any 
                        provision of this Act; [and]
                          (v) seize any other evidence related 
                        to any violation of any provision of 
                        this Act; and
                          (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;
                  (B) execute any warrant or other process 
                issued by any court of competent jurisdiction; 
                and
                  (C) exercise any other lawful authority.
          (2) Subject to the direction of the Secretary, a 
        person charged with law enforcement responsibilities by 
        the Secretary who is performing a duty related to 
        enforcement of a law regarding fisheries or other 
        marine resources may make an arrest without a warrant 
        for an offense against the United States committed in 
        his presence, or for a felony cognizable under the laws 
        of the United States, if he has reasonable grounds to 
        believe that the person to be arrested has committed or 
        is committing a felony. The arrest authority described 
        in the preceding sentence may be conferred upon an 
        officer or employee of a State agency, subject to such 
        conditions and restrictions as are set forth by 
        agreement between the State agency, the Secretary, and, 
        with respect to enforcement operations within the 
        exclusive economic zone, the Secretary of the 
        department in which the Coast Guard is operating.
  (c) Issuance of Citations.--If any officer authorized to 
enforce the provisions of this Act (as provided for in this 
section) finds that a fishing vessel is operating or has been 
operated in violation of any provision of this Act, such 
officer may, in accordance with regulations issued jointly by 
the Secretary and the Secretary of the department in which the 
Coast Guard is operating, issue a citation to the owner or 
operator of such vessel in lieu of proceeding under subsection 
(b). If a permit has been issued pursuant to this Act for such 
vessel, such officer shall note the issuance of any citation 
under this subsection, including the date thereof and the 
reason therefor, on the permit. The Secretary shall maintain a 
record of all citations issued pursuant to this subsection.
  (d) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under the provisions of this Act. In the 
case of Guam or any possession of the United States in the 
Pacific Ocean, the appropriate court is the United States 
District Court for the District of Guam, except that in the 
case of American Samoa, the appropriate court is the United 
States District Court for the District of Hawaii, and except 
that in the case of the Northern Mariana Islands, the 
appropriate court is the United States District Court for the 
District of the Northern Mariana Islands. Any such court may, 
at any time--
          (1) enter restraining orders or prohibitions;
          (2) issue warrants, process in rem, or other process;
          (3) prescribe and accept satisfactory bonds or other 
        security; and
          (4) take such other actions as are in the interest of 
        justice.
  (e) Payment of Storage, Care, and Other Costs.--(1) 
Notwithstanding any other provision of law, the Secretary or 
the Secretary of the Treasury may pay from sums received as 
fines, penalties, and forfeitures of property for violations of 
any provisions of this Act or of any other fishery resource law 
enforced by the Secretary, including the Lacey Act Amendments 
of 1981 (16 U.S.C. 3371 et seq.)--
          (A) the reasonable and necessary costs incurred in 
        providing temporary storage, care, and maintenance of 
        seized fish or other property pending disposition of 
        any civil or criminal proceeding alleging a violation 
        of any provision of this Act or any other marine 
        resource law enforced by the Secretary with respect to 
        that fish or other property;
          [(B) a reward of not less than 20 percent of the 
        penalty collected or $20,000, whichever is the lesser 
        amount, to any person who furnishes information which 
        leads to an arrest, conviction, civil penalty 
        assessment, or forfeiture of property for any violation 
        of any provision of this Act or any other marine 
        resource law enforced by the Secretary;]
          (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;
          (C) any expenses directly related to investigations 
        and civil or criminal enforcement proceedings, 
        including any necessary expenses for equipment, 
        training, travel, witnesses, and contracting services 
        directly related to such investigations or proceedings;
          (D) any valid liens or mortgages against any property 
        that has been forfeited;
          (E) claims of parties in interest to property 
        disposed of under section 612(b) of the Tariff Act of 
        1930 (19 U.S.C. 1612(b)), as made applicable by section 
        310(c) of this Act or by any other marine resource law 
        enforced by the Secretary, to seizures made by the 
        Secretary, in amounts determined by the Secretary to be 
        applicable to such claims at the time of seizure; and
          (F) reimbursement to any Federal or State agency, 
        including the Coast Guard, for services performed, or 
        personnel, equipment, or facilities utilized, under any 
        agreement with the Secretary entered into pursuant to 
        subsection (a), or any similar agreement authorized by 
        law.
  (2) Any person found in an administrative or judicial 
proceeding to have violated this Act or any other marine 
resource law enforced by the Secretary shall be liable for the 
cost incurred in the sale, storage, care, and maintenance of 
any fish or other property lawfully seized in connection with 
the violation.
  (f) Enforcement of Northeast Multispecies Fishery Management 
Plan.--
          (1) Enforcement agreements.--Beginning not later than 
        October 1, 1993, the Secretary shall, if requested by 
        the Governor of a State represented on the New England 
        Fishery Management Council, enter into an agreement 
        under subsection (a), with each of the States 
        represented on such Council, that authorizes the marine 
        law enforcement agency of such State to perform duties 
        of the Secretary relating to enforcement of the 
        Northeast Multispecies Fishery Management Plan.
          (2) Reimbursement.--An agreement with a State under 
        this subsection shall provide, subject to the 
        availability of appropriations, for reimbursement of 
        the State for expenses incurred in detection and 
        prosecution of violations of any fishery management 
        plan approved by the Secretary.
          (3) Coast Guard enforcement working group.--
                  (A) Establishment.--The Commander of the 
                First Coast Guard District shall establish an 
                informal fisheries enforcement working group to 
                improve the overall compliance with and 
                effectiveness of the regulations issued under 
                the Northeast Multispecies Fishery Management 
                Plan.
                  (B) Membership.--The working group shall 
                consist of members selected by the Commander, 
                and shall include--
                          (i) individuals who are 
                        representatives of various fishing 
                        ports located in the States represented 
                        on the New England Fishery Management 
                        Council;
                          (ii) captains of fishing vessels that 
                        operate in waters under the 
                        jurisdiction of that Council; and
                          (iii) other individuals the Commander 
                        considers appropriate.
                  (C) Non-Federal status of working group 
                members.--An individual shall not receive any 
                compensation for, and shall not be considered 
                to be a Federal employee based on, membership 
                in the working group.
                  (D) Meetings.--The working group shall meet, 
                at the call of the Commander, at least 4 times 
                each year. The meetings shall be held at 
                various major fishing ports in States 
                represented on the New England Fishery 
                Management Council, as specified by the 
                Commander.
          (4) Use of fines and penalties.--Amounts available to 
        the Secretary under this Act which are attributable to 
        fines and penalties imposed for violations of the 
        Northeast Multispecies Fishery Management Plan shall be 
        used by the Secretary pursuant to this section to 
        enforce that Plan.
  (g) Enforcement in the Pacific Insular Areas.--The Secretary, 
in consultation with the Governors of the Pacific Insular Areas 
and the Western Pacific Council, shall to the extent 
practicable support cooperative enforcement agreements between 
Federal and Pacific Insular Area authorities.
  (h) Joint Enforcement Agreements.--
          (1) In general.--The Governor of an eligible State 
        may apply to the Secretary for execution of a joint 
        enforcement agreement with the Secretary that will 
        authorize the deputization and funding of State law 
        enforcement officers with marine law enforcement 
        responsibilities to perform duties of the Secretary 
        relating to law enforcement provisions under this title 
        or any other marine resource law enforced by the 
        Secretary. Upon receiving an application meeting the 
        requirements of this subsection, the Secretary may 
        enter into a joint enforcement agreement with the 
        requesting State.
          (2) Eligible state.--A State is eligible to 
        participate in the cooperative enforcement agreements 
        under this section if it is in, or bordering on, the 
        Atlantic Ocean (including the Caribbean Sea), the 
        Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, 
        Long Island Sound, or 1 or more of the Great Lakes.
          (3) Requirements.--Joint enforcement agreements 
        executed under paragraph (1)--
                  (A) shall be consistent with the purposes and 
                intent of this section to the extent applicable 
                to the regulated activities;
                  (B) may include specifications for joint 
                management responsibilities as provided by the 
                first section of Public Law 91-412 (15 U.S.C. 
                1525); and
                  (C) shall provide for confidentiality of data 
                and information submitted to the State under 
                section 402.
          (4) Allocation of funds.--The Secretary shall include 
        in each joint enforcement agreement an allocation of 
        funds to assist in management of the agreement. The 
        allocation shall be fairly distributed among all 
        eligible States participating in cooperative 
        enforcement agreements under this subsection, based 
        upon consideration of Federal marine enforcement needs, 
        the specific marine conservation enforcement needs of 
        each participating eligible State, and the capacity of 
        the State to undertake the marine enforcement mission 
        and assist with enforcement needs. The agreement may 
        provide for amounts to be withheld by the Secretary for 
        the cost of any technical or other assistance provided 
        to the State by the Secretary under the agreement.
  (i) Improved Data Sharing.--
          (1) In general.--Notwithstanding any other provision 
        of this Act, as soon as practicable but no later than 
        21 months after the date of enactment of the Magnuson-
        Stevens Fishery Conservation and Management 
        Reauthorization Act of 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.
  [(h)] (j) Definitions.--For purposes of this section--
          (1) The term ``provisions of this Act'' includes (A) 
        any regulation or permit issued pursuant to this Act, 
        and (B) any provision of, or regulation issued pursuant 
        to, any international fishery agreement under which 
        foreign fishing is authorized by section 201(b) or (c), 
        or section 204(d), with respect to fishing subject to 
        the exclusive fishery management authority of the 
        United States.
          (2) The term ``violation of any provision of this 
        Act'' includes (A) the commission of any act prohibited 
        by section 307, and (B) the violation of any 
        regulation, permit, or agreement referred to in 
        paragraph (1).

SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

                           [16 U.S.C. 1861a]

  (a) Fisheries Disaster Relief.--(1) At the discretion of the 
Secretary or at the request of the Governor of an affected 
State or a fishing community, the Secretary shall determine 
whether there is a commercial fishery failure due to a fishery 
resource disaster as a result of--
          (A) natural causes;
          (B) man-made causes beyond the control of fishery 
        managers to mitigate through conservation and 
        management [measures;] measures, including regulatory 
        restrictions imposed to protect human health or the 
        marine environment and judicially imposed harvest 
        restrictions; or
          (C) undetermined causes.
  (2) Upon the determination under paragraph (1) that there is 
a commercial fishery failure, the Secretary is authorized to 
make sums available to be used by the affected State, fishing 
community, or by the Secretary in cooperation with the affected 
State or fishing community for assessing the economic and 
social effects of the commercial fishery failure, or any 
activity that the Secretary determines is appropriate to 
restore the fishery or prevent a similar failure in the future 
and to assist a fishing community affected by such failure. 
Before making funds available for an activity authorized under 
this section, the Secretary shall make a determination that 
such activity will not expand the size or scope of the 
commercial fishery failure in that fishery or into other 
fisheries or other geographic regions.
  (3) The Federal share of the cost of any activity carried out 
under the authority of this subsection shall not exceed 75 
percent of the cost of that activity.
  (4) There are authorized to be appropriated to the Secretary 
such sums as are necessary for each of the fiscal years [1996, 
1997, 1998, and 1999.] 2006 through 2012.
  (b) Fishing Capacity Reduction Program.--
          (1) The Secretary, at the request of the appropriate 
        Council for fisheries under the authority of such 
        Council, [or the Governor of a State for fisheries 
        under State authority, may conduct a fishing] the 
        Governor of a State for fisheries under State 
        authority, or a majority of permit holders in the 
        fishery, may conduct a voluntary fishing capacity 
        reduction program (referred to in this section as the 
        ``program'') in a fishery if the Secretary determines 
        that the program--
                  (A) is necessary to prevent or end 
                overfishing, rebuild stocks of fish, or achieve 
                measurable and significant improvements in the 
                conservation and management of the fishery;
                  (B) is consistent with the Federal or State 
                fishery management plan or program in effect 
                for such fishery, as appropriate, and that the 
                fishery management plan--
                          (i) will prevent the replacement of 
                        fishing capacity removed by the program 
                        through a moratorium on new entrants, 
                        practicable restrictions on vessel 
                        upgrades, and other effort control 
                        measures, taking into account the full 
                        potential fishing capacity of the 
                        fleet; and
                          (ii) establishes a specified or 
                        target total allowable catch or other 
                        measures that trigger closure of the 
                        fishery or adjustments to reduce catch; 
                        and
                  (C) is [cost-effective and] cost-effective 
                and, in the instance of a program involving an 
                industry fee system, prospectively capable of 
                repaying any debt obligation incurred under 
                section 1111 of title XI of the Merchant Marine 
                Act, 1936.
          (2) The objective of the program shall be to obtain 
        the maximum sustained reduction in fishing capacity at 
        the least cost and in a minimum period of time. To 
        achieve that objective, the Secretary is authorized to 
        pay--
                  [(A) the owner of a fishing vessel, if such 
                vessel is (i) scrapped, or (ii) through the 
                Secretary of the department in which the Coast 
                Guard is operating, subjected to title 
                restrictions that permanently prohibit and 
                effectively prevent its use in fishing, and if 
                the permit authorizing the participation of the 
                vessel in the fishery is surrendered for 
                permanent revocation and the owner relinquishes 
                any claim associated with the vessel and permit 
                that could qualify such owner for any present 
                or future limited access system permit in the 
                fishery for which the program is established; 
                or]
          (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
                  (B) the holder of a permit authorizing 
                participation in the fishery, if such permit is 
                surrendered for permanent revocation, and such 
                holder relinquishes any claim associated with 
                the permit and vessel used to harvest fishery 
                resources under the permit that could qualify 
                such holder for any present or future limited 
                access system permit in the fishery for which 
                the program was established.
          (3) Participation in the program shall be voluntary, 
        but the Secretary shall ensure compliance by all who do 
        participate.
          (4) [The Secretary shall consult, as appropriate, 
        with Councils,] The harvester proponents of each 
        program and the Secretary shall consult, as appropriate 
        and practicable, with Councils, Federal agencies, State 
        and regional authorities, affected fishing communities, 
        participants in the fishery, conservation 
        organizations, and other interested parties throughout 
        the development and implementation of any program under 
        this section.
  (c) Program Funding.--(1) The program may be funded by any 
combination of amounts--
          (A) available under clause (iv) of section 2(b)(1)(A) 
        of the Act of August 11, 1939 (15 U.S.C. 713c-
        3(b)(1)(A); the Saltonstall-Kennedy Act);
          (B) appropriated for the purposes of this section;
          (C) provided by an industry fee system established 
        under subsection (d) and in accordance with section 
        1111 of title XI of the Merchant Marine Act, 1936; or
          (D) provided from any State or other public sources 
        or private or non-profit organizations.
  (2) All funds for the program, including any fees established 
under subsection (d), shall be paid into the fishing capacity 
reduction fund established under section 1111 of title XI of 
the Merchant Marine Act, 1936.
  (d) Industry Fee System.--(1)(A) If an industry fee system is 
necessary to fund the program, the [Secretary, at the request 
of the appropriate Council,] Secretary may conduct a referendum 
on such system. Prior to the referendum, the [Secretary, in 
consultation with the Council,] Secretary shall--
          (i) identify, to the extent practicable, and notify 
        all permit or vessel owners who would be affected by 
        the program; and
          (ii) make available to such owners information about 
        the industry fee system describing the schedule, 
        procedures, and eligibility requirements for the 
        referendum, the proposed program, and the amount and 
        duration and any other terms and conditions of the 
        proposed fee system.
  (B) The industry fee system shall be considered approved if 
the referendum votes which are cast in favor of the proposed 
system constitute [a two-thirds majority of the participants 
voting.] at least a majority of the permit holders in the 
fishery, or 50 percent of the permitted allocation of the 
fishery, who participated in the fishery.
  (2) Notwithstanding section 304(d) and consistent with an 
approved industry fee system, the Secretary is authorized to 
establish such a system to fund the program and repay debt 
obligations incurred pursuant to section 1111 of title XI of 
the Merchant Marine Act, 1936. The fees for a program 
established under this section shall--
          (A) be determined by the Secretary and adjusted from 
        time to time as the Secretary considers necessary to 
        ensure the availability of sufficient funds to repay 
        such debt obligations;
          (B) not exceed 5 percent of the ex-vessel value of 
        all fish harvested from the fishery for which the 
        program is established;
          (C) be deducted by the first ex-vessel fish purchaser 
        from the proceeds otherwise payable to the seller and 
        accounted for and forwarded by such fish purchasers to 
        the Secretary in such manner as the Secretary may 
        [establish;] establish, unless the Secretary determines 
        that such fees should be collected from the seller; and
          (D) be in effect only until such time as the debt 
        obligation has been fully paid.
  [(e) Implementation Plan.--(1) The Secretary, in consultation 
with the appropriate Council or State and other interested 
parties, shall prepare and publish in the Federal Register for 
a 60-day public comment period an implementation plan, 
including proposed regulations, for each program. The 
implementation plan shall--
          [(A) define criteria for determining types and 
        numbers of vessels which are eligible for participation 
        in the program taking into account characteristics of 
        the fishery, the requirements of applicable fishery 
        management plans, the needs of fishing communities, and 
        the need to minimize program costs; and
          [(B) establish procedures for program participation 
        (such as submission of owner bid under an auction 
        system or fair market-value assessment) including any 
        terms and conditions for participation which the 
        Secretary deems to be reasonably necessary to meet the 
        goals of the program.
  [(2) During the 60-day public comment period--
          [(A) the Secretary shall conduct a public hearing in 
        each State affected by the program; and
          [(B) the appropriate Council or State shall submit 
        its comments and recommendations, if any, regarding the 
        plan and regulations.
  [(3) Within 45 days after the close of the public comment 
period, the Secretary, in consultation with the appropriate 
Council or State, shall analyze the public comment received and 
publish in the Federal Register a final implementation plan for 
the program and regulations for its implementation. The 
Secretary may not adopt a final implementation plan involving 
industry fees or debt obligation unless an industry fee system 
has been approved by a referendum under this section.]
  (e) Implementation Plan.--
          (1) Framework regulations.--The Secretary shall 
        propose and adopt framework regulations applicable to 
        the implementation of all programs under this section.
          (2) Program regulations.--The Secretary shall 
        implement each program under this section by 
        promulgating regulations that, together with the 
        framework regulations, establish each program and 
        control its implementation.
          (3) Harvester proponents' implementation plan.--The 
        Secretary may not propose implementation regulations 
        for a program to be paid for by an industry fee system 
        until the harvester proponents of the program provide 
        to the Secretary a proposed implementation plan that, 
        among other matters--
                  (A) proposes the types and numbers of vessels 
                or permits that are eligible to participate in 
                the program and the manner in which the program 
                shall proceed, taking into account--
                          (i) the requirements of this section;
                          (ii) the requirements of the 
                        framework regulations;
                          (iii) the characteristics of the 
                        fishery;
                          (iv) the requirements of the 
                        applicable fishery management plan and 
                        any amendment that such plan may 
                        require to support the proposed 
                        program;
                          (v) the general needs and desires of 
                        harvesters in the fishery;
                          (vi) the need to minimize program 
                        costs; and
                          (vii) other matters, including the 
                        manner in which such proponents propose 
                        to fund the program to ensure its cost 
                        effectiveness, as well as any relevant 
                        factors demonstrating the potential 
                        for, or necessary to obtain, the 
                        support and general cooperation of a 
                        substantial number of affected 
                        harvesters in the fishery (or portion 
                        of the fishery) for which the program 
                        is intended; and
                  (B) proposes procedures for program 
                participation (such as submission of owner bids 
                under an auction system or fair market-value 
                assessment), including any terms and conditions 
                for participation, that the harvester 
                proponents deem to be reasonably necessary to 
                meet the program's proposed objectives.
          (4) Participation contracts.--The Secretary shall 
        contract with each person participating in a program, 
        and each such contract shall, in addition to including 
        such other matters as the Secretary deems necessary and 
        appropriate to effectively implement each program 
        (including penalties for contract non-performance) be 
        consistent with the framework and implementing 
        regulations and all other applicable law.
          (5) Reduction auctions.--Each program not involving 
        fair market assessment shall involve a reduction 
        auction that scores the reduction price of each bid 
        offer by the data relevant to each bidder under an 
        appropriate fisheries productivity factor. If the 
        Secretary accepts bids, the Secretary shall accept 
        responsive bids in the rank order of their bid scores, 
        starting with the bid whose reduction price is the 
        lowest percentage of the productivity factor, and 
        successively accepting each additional responsive bid 
        in rank order until either there are no more responsive 
        bids or acceptance of the next bid would cause the 
        total value of bids accepted to exceed the amount of 
        funds available for the program.
          (6) Bid invitations.--Each program shall proceed by 
        the Secretary issuing invitations to bid setting out 
        the terms and conditions for participation consistent 
        with the framework and implementing regulations. Each 
        bid that the Secretary receives in response to the 
        invitation to bid shall constitute an irrevocable offer 
        from the bidder.

           *       *       *       *       *       *       *


SEC. 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. 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. 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. 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. 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. 401. REGISTRATION AND INFORMATION MANAGEMENT.

                            [16 U.S.C. 1881]

  (a) Standardized Fishing Vessel Registration and Information 
Management System.--The Secretary shall, in cooperation with 
the Secretary of the department in which the Coast Guard is 
operating, the States, the Councils, and Marine Fisheries 
Commissions, develop recommendations for implementation of a 
standardized fishing vessel registration and information 
management system on a regional basis. The recommendations 
shall be developed after consultation with interested 
governmental and nongovernmental parties and shall--
          (1) be designed to standardize the requirements of 
        vessel registration and information collection systems 
        required by this Act, the Marine Mammal Protection Act 
        (16 U.S.C. 1361 et seq.), and any other marine resource 
        law implemented by the Secretary, and, with the 
        permission of a State, any marine resource law 
        implemented by such State;
          (2) integrate information collection programs under 
        existing fishery management plans into a non-
        duplicative information collection and management 
        system;
          (3) avoid duplication of existing State, tribal, or 
        Federal systems and shall utilize, to the maximum 
        extent practicable, information collected from existing 
        systems;
          (4) provide for implementation of the system through 
        cooperative agreements with appropriate State, 
        regional, or tribal entities and Marine Fisheries 
        Commissions;
          (5) provide for funding (subject to appropriations) 
        to assist appropriate State, regional, or tribal 
        entities and Marine Fisheries Commissions in 
        implementation;
          (6) establish standardized units of measurement, 
        nomenclature, and formats for the collection and 
        submission of information;
          (7) minimize the paperwork required for vessels 
        registered under the system;
          (8) include all species of fish within the geographic 
        areas of authority of the Councils and all fishing 
        vessels including charter fishing vessels, but 
        excluding recreational fishing vessels;
          (9) require United States fish processors, and fish 
        dealers and other first ex-vessel purchasers of fish 
        that are subject to the proposed system, to submit 
        information (other than economic information) which may 
        be necessary to meet the goals of the proposed system; 
        and
          (10) include procedures necessary to ensure--
                  (A) the confidentiality of information 
                collected under this section in accordance with 
                section 402(b); and
                  (B) the timely release or availability to the 
                public of information collected under this 
                section consistent with section 402(b).
  (b) Fishing Vessel Registration.--The proposed registration 
system should, at a minimum, obtain the following information 
for each fishing vessel--
          (1) the name and official number or other 
        identification, together with the name and address of 
        the owner or operator or both;
          (2) gross tonnage, vessel capacity, type and quantity 
        of fishing gear, mode of operation (catcher, catcher 
        processor, or other), and such other pertinent 
        information with respect to vessel characteristics as 
        the Secretary may require; and
          (3) identification (by species, gear type, geographic 
        area of operations, and season) of the fisheries in 
        which the fishing vessel participates.
  (c) Fishery Information.--The proposed information management 
system should, at a minimum, provide basic fisheries 
performance information for each fishery, including--
          (1) the number of vessels participating in the 
        fishery including charter fishing vessels;
          (2) the time period in which the fishery occurs;
          (3) the approximate geographic location or official 
        reporting area where the fishery occurs;
          (4) a description of fishing gear used in the 
        fishery, including the amount and type of such gear and 
        the appropriate unit of fishing effort; and
          (5) other information required under subsection 
        303(a)(5) or requested by the Council under section 
        402.
  (d) Use of Registration.--Any registration recommended under 
this section shall not be considered a permit for the purposes 
of this Act, and the Secretary may not propose to revoke, 
suspend, deny, or impose any other conditions or restrictions 
on any such registration or the use of such registration under 
this Act.
  (e) Public Comment.--Within one year after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
publish in the Federal Register for a 60-day public comment 
period a proposal that would provide for implementation of a 
standardized fishing vessel registration and information 
collection system that meets the requirements of subsections 
(a) through (c). The proposal shall include--
          (1) a description of the arrangements of the 
        Secretary for consultation and cooperation with the 
        department in which the Coast Guard is operating, the 
        States, the Councils, Marine Fisheries Commissions, the 
        fishing industry and other interested parties; and
          (2) any proposed regulations or legislation necessary 
        to implement the proposal.
  (f) Congressional Transmittal.--Within 60 days after the end 
of the comment period and after consideration of comments 
received under subsection (e), the Secretary shall transmit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of 
Representatives a recommended proposal for implementation of a 
national fishing vessel registration system that includes--
          (1) any modifications made after comment and 
        consultation;
          (2) a proposed implementation schedule, including a 
        schedule for the proposed cooperative agreements 
        required under subsection (a)(4); and
          (3) recommendations for any such additional 
        legislation as the Secretary considers necessary or 
        desirable to implement the proposed system.
  [(g) Report to Congress.--Within 15 months after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
report to Congress on the need to include recreational fishing 
vessels into a national fishing vessel registration and 
information collection system. In preparing its report, the 
Secretary shall cooperate with the Secretary of the department 
in which the Coast Guard is operating, the States, the 
Councils, and Marine Fisheries Commissions, and consult with 
governmental and nongovernmental parties.]
  (g) Recreational Fisheries.--
          (1) Federal program.--The Secretary shall establish 
        and implement a regionally based registry program for 
        recreational fishermen in each of the 8 fishery 
        management regions. The program shall provide for--
                  (A) the registration (including 
                identification and contact information) of 
                individuals who engage in recreational 
                fishing--
                          (i) in the Exclusive Economic Zone;
                          (ii) for anadromous species; or
                          (iii) for Continental Shelf fishery 
                        resources beyond the Exclusive Economic 
                        Zone; and
                  (B) if appropriate, the registration 
                (including the ownership, operator, and 
                identification of the vessel) of vessels used 
                in such fishing.
          (2) State programs.--The Secretary shall exempt from 
        registration under the program recreational fishermen 
        and charter fishing vessels licensed, permitted, or 
        registered under the laws of a State if the Secretary 
        determines that information from the State program is 
        suitable for the Secretary's use or is used to assist 
        in completing marine recreational fisheries statistical 
        surveys, or evaluating the effects of proposed 
        conservation and management measures for marine 
        recreational fisheries.
          (3) Data collection.--Within 24 months after the date 
        of enactment of the Magnuson-Stevens Fishery 
        conservation and Management Reauthorization Act of 
        2005, the Secretary shall establish a program to 
        improve the quality and accuracy of information 
        generated by the Marine Recreational Fishery Statistics 
        Survey, with a goal of achieving acceptable accuracy 
        and utility for each individual fishery. Unless the 
        Secretary determines that alternate methods will 
        achieve this goal more efficiently and effectively, the 
        program shall, to the extent possible, include--
                  (A) an adequate number of dockside interviews 
                to accurately estimate recreational catch and 
                effort;
                  (B) use of surveys that target anglers 
                registered or licensed at the State or Federal 
                level to collect participation and effort data;
                  (C) collection and analysis of vessel trip 
                report data from charter fishing vessels; and
                  (D) development of a weather corrective 
                factor that can be applied to recreational 
                catch and effort estimates.
          (4) Report.--Within 24 months after establishment of 
        the program, the Secretary shall submit a report to 
        Congress that describes the progress made toward 
        achieving the goals and objectives of the program.

SEC. 402. INFORMATION COLLECTION.

                           [16 U.S.C. 1881a]

  [(a) Council Requests.--] (a) Collection Programs._
            (1) Council requests._If a Council determines that 
        additional information [(other than information that 
        would disclose proprietary or confidential commercial 
        or financial information regarding fishing operations 
        or fish processing operations)] would be beneficial for 
        developing, implementing, or revising a fishery 
        management plan or for determining whether a fishery is 
        in need of management, the Council may request that the 
        Secretary implement an information collection program 
        for the fishery which would provide the types of 
        information [(other than information that would 
        disclose proprietary or confidential commercial or 
        financial information regarding fishing operations or 
        fish processing operations)] specified by the Council. 
        The Secretary shall undertake such an information 
        collection program if he determines that the need is 
        justified, and shall promulgate regulations to 
        implement the program within 60 days after such 
        determination is made. If the Secretary determines that 
        the need for an information collection program is not 
        justified, the Secretary shall inform the Council of 
        the reasons for such determination in writing. The 
        determinations of the Secretary under this [subsection] 
        paragraph regarding a Council request shall be made 
        within a reasonable period of time after receipt of 
        that request.
          (2) Secretarial initiation.--If the Secretary 
        determines that additional information is necessary for 
        developing, implementing, revising, or monitoring a 
        fishery management plan, or for determining whether a 
        fishery is in need of management, the Secretary may, by 
        regulation, implement an information collection or 
        observer program requiring submission of such 
        additional information for the fishery.
  [(b) Confidentiality of Information.--(1) Any information 
submitted to the Secretary by any person in compliance with any 
requirement under this Act shall be confidential and shall not 
be disclosed, except--
          [(A) to Federal employees and Council employees who 
        are responsible for fishery management plan development 
        and monitoring;
          [(B) to State or Marine Fisheries Commission 
        employees pursuant to an agreement with the Secretary 
        that prevents public disclosure of the identity or 
        business of any person;
          [(C) when required by court order;
          [(D) when such information is used to verify catch 
        under [an individual fishing quota program] a limited 
        access privilege;
          [(E) that observer information collected in fisheries 
        under the authority of the North Pacific Council may be 
        released to the public as specified in a fishery 
        management plan or regulation for weekly summary 
        bycatch information identified by vessel, and for haul-
        specific bycatch information without vessel 
        identification; or
          [(F) when the Secretary has obtained written 
        authorization from the person submitting such 
        information to release such information to persons for 
        reasons not otherwise provided for in this subsection, 
        and such release does not violate other requirements of 
        this Act.
  (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.
          [(2)] (3) The Secretary shall, by regulation, 
        prescribe such procedures as may be necessary to 
        preserve the confidentiality of information submitted 
        in compliance with any requirement or regulation under 
        this Act, except that the Secretary may release or make 
        public any such information in any aggregate or summary 
        form which does not directly or indirectly disclose the 
        identity or business of any person who submits such 
        information. Nothing in this subsection shall be 
        interpreted or construed to prevent the use for 
        conservation and management purposes by the Secretary, 
        or with the approval of the Secretary, the Council, of 
        any information submitted in compliance with any 
        requirement or regulation under this Act or the use, 
        release, or publication of bycatch information pursuant 
        to paragraph (1)(E).
  (c) Restriction on Use of Certain Information.--(1) The 
Secretary shall promulgate regulations to restrict the use, in 
civil enforcement or criminal proceedings under this Act, the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), 
and the Endangered Species Act (16 U.S.C. 1531 et seq.), of 
information collected by voluntary fishery data collectors, 
including sea samplers, while aboard any vessel for 
conservation and management purposes if the presence of such a 
fishery data collector aboard is not required by any of such 
Acts or regulations thereunder.
  (2) The Secretary may not require the submission of a Federal 
or State income tax return or statement as a prerequisite for 
issuance of a permit until such time as the Secretary has 
promulgated regulations to ensure the confidentiality of 
information contained in such return or statement, to limit the 
information submitted to that necessary to achieve a 
demonstrated conservation and management purpose, and to 
provide appropriate penalties for violation of such 
regulations.
  (d) Contracting Authority.--Notwithstanding any other 
provision of law, the Secretary may provide a grant, contract, 
or other financial assistance on a sole-source basis to a 
State, Council, or Marine Fisheries Commission for the purpose 
of carrying out information collection or other programs if--
          (1) the recipient of such a grant, contract, or other 
        financial assistance is specified by statute to be, or 
        has customarily been, such State, Council, or Marine 
        Fisheries Commission; or
          (2) the Secretary has entered into a cooperative 
        agreement with such State, Council, or Marine Fisheries 
        Commission.
  (e) Resource Assessments.--(1) The Secretary may use the 
private sector to provide vessels, equipment, and services 
necessary to survey the fishery resources of the United States 
when the arrangement will yield statistically reliable results.
  (2) The Secretary, in consultation with the appropriate 
Council and the fishing industry--
          (A) may structure competitive solicitations under 
        paragraph (1) so as to compensate a contractor for a 
        fishery resources survey by allowing the contractor to 
        retain for sale fish harvested during the survey 
        voyage;
          (B) in the case of a survey during which the quantity 
        or quality of fish harvested is not expected to be 
        adequately compensatory, may structure those 
        solicitations so as to provide that compensation by 
        permitting the contractor to harvest on a subsequent 
        voyage and retain for sale a portion of the allowable 
        catch of the surveyed fishery; and
          (C) may permit fish harvested during such survey to 
        count toward a vessel's catch history under a fishery 
        management plan if such survey was conducted in a 
        manner that precluded a vessel's participation in a 
        fishery that counted under the plan for purposes of 
        determining catch history.
  (3) The Secretary shall undertake efforts to expand annual 
fishery resource assessments in all regions of the Nation.

SEC. 404. FISHERIES RESEARCH.

                           [16 U.S.C. 1881c]

  (a) In General.--The Secretary shall initiate and maintain, 
in cooperation with the Councils, a comprehensive program of 
fishery research to carry out and further the purposes, policy, 
and provisions of this Act. Such program shall be designed to 
acquire knowledge and information, including statistics, on 
fishery conservation and management and on the economics and 
social characteristics of the fisheries.
  (b) Strategic Plan.--Within one year after the date of 
enactment of the Sustainable Fisheries Act and at least every 3 
years thereafter, the Secretary shall develop and publish in 
the Federal Register a strategic plan for fisheries research 
for the 5 years immediately following such publication. The 
plan shall--
          (1) identify and describe a comprehensive program 
        with a limited number of priority objectives for 
        research in each of the areas specified in subsection 
        (c);
          (2) indicate goals and timetables for the program 
        described in paragraph (1);
          (3) provide a role for commercial fishermen in such 
        research, including involvement in field testing;
          (4) provide for collection and dissemination, in a 
        timely manner, of complete and accurate information 
        concerning fishing activities, catch, effort, stock 
        assessments, and other research conducted under this 
        section; and
          (5) be developed in cooperation with the Councils and 
        affected States, and provide for coordination with the 
        Councils, affected States, and other research entities.
  (c) Areas of Research.--Areas of research are as follows:
          (1) Research to support fishery conservation and 
        management, including but not limited to, biological 
        research concerning the abundance and life history 
        parameters of stocks of fish, the interdependence of 
        fisheries or stocks of fish, the identification of 
        essential fish habitat, the impact of pollution on fish 
        populations, the impact of wetland and estuarine 
        degradation, and other factors affecting the abundance 
        and availability of fish.
          (2) Conservation engineering research, including the 
        study of fish behavior and the development and testing 
        of new gear technology and fishing techniques to 
        minimize bycatch and any adverse effects on essential 
        fish habitat and promote efficient harvest of target 
        species.
          (3) Research on the fisheries, including the social, 
        cultural, and economic relationships among fishing 
        vessel owners, crew, United States fish processors, 
        associated shoreside labor, seafood markets and fishing 
        communities.
          (4) Information management research, including the 
        development of a fishery information base and an 
        information management system [under section 401] that 
        will permit the full use of information in the support 
        of effective fishery conservation and management.
  (d) Public Notice.--In developing the plan required under 
subsection (a), the Secretary shall consult with relevant 
Federal, State, and international agencies, scientific and 
technical experts, and other interested persons, public and 
private, and shall publish a proposed plan in the Federal 
Register for the purpose of receiving public comment on the 
plan. The Secretary shall ensure that affected commercial 
fishermen are actively involved in the development of the 
portion of the plan pertaining to conservation engineering 
research. Upon final publication in the Federal Register, the 
plan shall be submitted by the Secretary to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives.

           *       *       *       *       *       *       *


SEC. 406. FISHERIES SYSTEMS RESEARCH.

                            [16 U.S.C. 1882]

  (a) Establishment of Panel.--Not later than 180 days after 
the date of enactment of the Sustainable Fisheries Act, the 
Secretary shall establish an advisory panel under this Act to 
develop recommendations to expand the application of ecosystem 
principles in fishery conservation and management activities.
  (b) Panel Membership.--The advisory panel shall consist of 
not more than 20 individuals and include--
          (1) individuals with expertise in the structures, 
        functions, and physical and biological characteristics 
        of ecosystems; and
          (2) representatives from the Councils, States, 
        fishing industry, conservation organizations, or others 
        with expertise in the management of marine resources.
  (c) Recommendations.--Prior to selecting advisory panel 
members, the Secretary shall, with respect to panel members 
described in subsection (b)(1), solicit recommendations from 
the National Academy of Sciences.
  (d) Report.--Within 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Congress a 
completed report of the panel established under this section, 
which shall include--
          (1) an analysis of the extent to which ecosystem 
        principles are being applied in fishery conservation 
        and management activities, including research 
        activities;
          (2) proposed actions by the Secretary and by the 
        Congress that should be undertaken to expand the 
        application of ecosystem principles in fishery 
        conservation and management; and
          (3) such other information as may be appropriate.
  (e) Procedural Matter.--The advisory panel established under 
this section shall be deemed an advisory panel under section 
302(g).
  (f) Regional Ecosystem Research.--
          (1) Study.--Within 180 days after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation 
        and Management Reauthorization Act of 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. 405. GULF OF MEXICO RED SNAPPER RESEARCH.

                            [16 U.S.C. 1883]

  (a) Independent Peer Review.--
          (1) Within 30 days of the date of enactment of the 
        Sustainable Fisheries Act, the Secretary shall initiate 
        an independent peer review to evaluate--
                  (A) the accuracy and adequacy of fishery 
                statistics used by the Secretary for the red 
                snapper fishery in the Gulf of Mexico to 
                account for all commercial, recreational, and 
                charter fishing harvests and fishing effort on 
                the stock;
                  (B) the appropriateness of the scientific 
                methods, information, and models used by the 
                Secretary to assess the status and trends of 
                the Gulf of Mexico red snapper stock and as the 
                basis for the fishery management plan for the 
                Gulf of Mexico red snapper fishery;
                  (C) the appropriateness and adequacy of the 
                management measures in the fishery management 
                plan for red snapper in the Gulf of Mexico for 
                conserving and managing the red snapper fishery 
                under this Act; and
                  (D) the costs and benefits of all reasonable 
                alternatives to [an individual fishing quota] a 
                limited access privilege program for the red 
                snapper fishery in the Gulf of Mexico.
          (2) The Secretary shall ensure that commercial, 
        recreational, and charter fishermen in the red snapper 
        fishery in the Gulf of Mexico are provided an 
        opportunity to--
                  (A) participate in the peer review under this 
                subsection; and
                  (B) provide information to the Secretary 
                concerning the review of fishery statistics 
                under this subsection without being subject to 
                penalty under this Act or other applicable law 
                for any past violation of a requirement to 
                report such information to the Secretary.
          (3) The Secretary shall submit a detailed written 
        report on the findings of the peer review conducted 
        under this subsection to the Gulf Council no later than 
        one year after the date of enactment of the Sustainable 
        Fisheries Act.
  (b) Prohibition.--In addition to the restrictions under 
section 303(d)(1)(A), the Gulf Council may not, prior to 
October 1, 2002, undertake or continue the preparation of any 
fishery management plan, plan amendment or regulation under 
this Act for the Gulf of Mexico commercial red snapper fishery 
that creates an individual fishing quota program or that 
authorizes the consolidation of licenses, permits, or 
endorsements that result in different trip limits for vessels 
in the same class.
  (c) Referendum.--(1) On or after October 1, 2002, the Gulf 
Council may prepare and submit a fishery management plan, plan 
amendment, or regulation for the Gulf of Mexico commercial red 
snapper fishery that creates [an individual fishing quota] a 
limited access privilege program or that authorizes the 
consolidation of licenses, permits, or endorsements that result 
in different trip limits for vessels in the same class, only if 
the preparation of such plan, amendment, or regulation is 
approved in a referendum conducted under paragraph (2) and only 
if the submission to the Secretary of such plan, amendment, or 
regulation is approved in a subsequent referendum conducted 
under paragraph (2).
  (2) The Secretary, at the request of the Gulf Council, shall 
conduct referendums under this subsection. Only a person who 
held an annual vessel permit with a red snapper endorsement for 
such permit on September 1, 1996 (or any person to whom such 
permit with such endorsement was transferred after such date) 
and vessel captains who harvested red snapper in a commercial 
fishery using such endorsement in each red snapper fishing 
season occurring between January 1, 1993, and such date may 
vote in a referendum under this subsection. The referendum 
shall be decided by a majority of the votes cast. The Secretary 
shall develop a formula to weigh votes based on the 
proportional harvest under each such permit and endorsement and 
by each such captain in the fishery between January 1, 1993, 
and September 1, 1996. Prior to each referendum, the Secretary, 
in consultation with the Council, shall--
          (A) identify and notify all such persons holding 
        permits with red snapper endorsements and all such 
        vessel captains; and
          (B) make available to all such persons and vessel 
        captains information about the schedule, procedures, 
        and eligibility requirements for the referendum and the 
        proposed [individual fishing quota] limited access 
        privilege program.
  (d) Catch Limits.--Any fishery management plan, plan 
amendment, or regulation submitted by the Gulf Council for the 
red snapper fishery after the date of enactment of the 
Sustainable Fisheries Act shall contain conservation and 
management measures that--
          (1) establish separate quotas for recreational 
        fishing (which, for the purposes of this subsection 
        shall include charter fishing) and commercial fishing 
        that, when reached, result in a prohibition on the 
        retention of fish caught during recreational fishing 
        and commercial fishing, respectively, for the remainder 
        of the fishing year; and
          (2) ensure that such quotas reflect allocations among 
        such sectors and do not reflect any harvests in excess 
        of such allocations.

           *       *       *       *       *       *       *


SEC. 408. 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.

              HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
                    SCALE DRIFTNET FISHING.

                           [16 U.S.C. 1826a]

  (a) Denial of Port Privileges.--
          (1) Publication of list.--Not later than 30 days 
        after the date of enactment of this Act and 
        periodically thereafter, the Secretary of Commerce, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose nationals or vessels conduct 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation.
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with recognized 
        principles of international law--
                  (A) withhold or revoke the clearance required 
                by section 4197 of the Revised Statutes of the 
                United States (46 App. U.S.C. 91) for any 
                large-scale driftnet fishing vessel that is 
                documented under the laws of the United States 
                or of a nation included on a list published 
                under paragraph (1); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States.
          (3) Notification of nation.--Before the publication 
        of a list of nations under paragraph (1), the Secretary 
        of State shall notify each nation included on that list 
        regarding--
                  (A) the effect of that publication on port 
                privileges of vessels of that nation under 
                paragraph (1); and
                  (B) any sanctions or requirements, under this 
                Act or any other law, that may be imposed on 
                that nation if nationals or vessels of that 
                nation continue to conduct large-scale driftnet 
                fishing beyond the exclusive economic zone of 
                any nation after December 31, 1992.
  (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing or 
                        illegal, unreported, or unregulated 
                        fishing beyond the exclusive economic 
                        zone of any nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing or 
                illegal, unreported, or unregulated fishing 
                beyond the exclusive economic zone of any 
                nation, the Secretary of Commerce shall--
                          (i) identify that nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing or illegal, unreported, 
        or unregulated fishing by the nationals or vessels of 
        that nation beyond the exclusive economic zone of any 
        nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  (A) Prohibition.--The President--
                          (i) upon receipt of notification of 
                        the identification of a nation under 
                        paragraph (1)(A); or
                          (ii) if the consultations with the 
                        government of a nation under paragraph 
                        (2) are not satisfactorily concluded 
                        within ninety days, shall direct the 
                        Secretary of the Treasury to prohibit 
                        the importation into the United States 
                        of fish and fish products and sport 
                        fishing equipment (as that term is 
                        defined in section 4162 of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 4162)) 
                        from that nation.
                  (B) Implementation of prohibition.--With 
                respect to an import prohibition directed under 
                subparagraph (A), the Secretary of the Treasury 
                shall implement such prohibition not later than 
                the date that is forty-five days after the date 
                on which the Secretary has received the 
                direction from the President.
                  (C) Public notice of prohibition.--Before the 
                effective date of any import prohibition under 
                this paragraph, the Secretary of the Treasury 
                shall provide public notice of the impending 
                prohibition.
          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under paragraph (1), the Secretary shall 
                determine whether--
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation to terminate large-scale 
                        driftnet fishing or illegal, 
                        unreported, or unregulated fishing 
                        conducted by its nationals and vessels 
                        beyond the exclusive economic zone of 
                        any nation; or
                          (ii) that nation has retaliated 
                        against the United States as a result 
                        of that prohibition.
                  (B) Certification.--The Secretary of Commerce 
                shall certify to the President each affirmative 
                determination under subparagraph (A) with 
                respect to a nation.
                  (C) Effect of certification.--Certification 
                by the Secretary of Commerce under subparagraph 
                (B) is deemed to be a certification under 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)), as amended by this 
                Act.

SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.

                           [16 U.S.C. 1826b]

  Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale driftnet 
fishing or illegal, unreported, or unregulated fishing by its 
nationals and vessels beyond the exclusive economic zone of any 
nation.

           *       *       *       *       *       *       *


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).
          (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.

                           PUBLIC LAW 105-384

SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO 
                    MANAGE DUNGENESS CRAB FISHERY.

                         [16 U.S.C. 1856 note]

  (a) In General.--Subject to the provisions of this section 
and notwithstanding section 306(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1856(a)), 
each of the States of Washington, Oregon, and California may 
adopt and enforce State laws and regulations governing fishing 
and processing in the exclusive economic zone adjacent to that 
State in any Dungeness crab (Cancer magister) fishery for which 
there is no fishery management plan in effect under that Act.
  (b) Requirements for State Management.--Any law or regulation 
adopted by a State under this section for a Dungeness crab 
fishery--
          (1) except as provided in paragraph (2), shall apply 
        equally to vessels engaged in the fishery in the 
        exclusive economic zone and vessels engaged in the 
        fishery in the waters of the State, and without regard 
        to the State that issued the permit under which a 
        vessel is operating;
          (2) shall not apply to any fishing by a vessel in 
        exercise of tribal treaty rights except as provided in 
        United States v. Washington, D.C. No. CV-70-09213, 
        United States District Court for the Western District 
        of Washington; and
          (3) shall include any provisions necessary to 
        implement tribal treaty rights pursuant to the decision 
        in United States v. Washington, D.C. No. CV-70-09213.
  (c) Limitation on Enforcement of State Limited Access 
Systems.--Any law of the State of Washington, Oregon, or 
California that establishes or implements a limited access 
system for a Dungeness crab fishery may not be enforced against 
a vessel that is otherwise legally fishing in the exclusive 
economic zone adjacent to that State and that is not registered 
under the laws of that State, except a law regulating landings.
  (d) State Permit or Treaty Right Required.--No vessel may 
harvest or process Dungeness crab in the exclusive economic 
zone adjacent to the State of Washington, Oregon, or 
California, except as authorized by a permit issued by any of 
those States or pursuant to any tribal treaty rights to 
Dungeness crab pursuant to the decision in United States v. 
Washington, D.C. No. CV-70-09213.
  (e) State Authority Otherwise Preserved.--Except as expressly 
provided in this section, nothing in this section reduces the 
authority of any State under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) to 
regulate fishing, fish processing, or landing of fish.
  (f) Termination of Authority.--The authority of the States of 
Washington, Oregon, and California under this section with 
respect to a Dungeness crab fishery shall expire on the 
effective date of a fishery management plan for the fishery 
under the Magnuson-Stevens Fishery Conservation and Management 
Act.
  (g) [Omitted. Subsection (g) repealed section 112(d) of the 
Magnuson-Stevens Fishery Conservation and Management Act.]
  (h) Definitions.--The definitions set forth in section 3 of 
the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1802) shall apply to this section.
  (i) Sunset.--This section shall have no force or effect on 
and after [September 30, 2006.] September 30, 2016.
  (j) Not later than December 31, 2001, and every 2 years 
thereafter, the Pacific State Marine Fisheries Commission shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Resources of 
the House of Representatives a report on the [health] status 
and management of the Dungeness Crab fishery located off the 
coasts of the States of Washington, Oregon, and [California.] 
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.

                       MERCHANT MARINE ACT, 1936

           TITLE XI--FEDERAL SHIP FINANCING GUARANTEE PROGRAM

SEC. 607. CAPITAL CONSTRUCTION FUND.

                         [46 U.S.C. App. 1177]

  (a) Agreement Rules; Persons Eligible; Replacement, 
Additional, or Reconstructed Vessels for Prescribed Trade and 
Fishery Operations; Amount of Deposits, Annual Limitation; 
Conditions and Requirements for Deposits and Withdrawals.--Any 
citizen of the United States owning or leasing one or more 
eligible vessels (as defined in subsection (k)(l)) may enter 
into an agreement with the Secretary under, and as provided in, 
this section to establish a capital construction fund 
(hereinafter in this section referred to as the ``fund'') with 
respect to any or all of such vessels. Any agreement entered 
into under this section shall be for the purpose of providing 
replacement vessels, additional vessels, or reconstructed 
vessels, built in the United States and documented under the 
laws of the United States for operation in the United States 
foreign, Great Lakes, or noncontiguous domestic trade or in the 
fisheries of the United States and shall provide for the 
deposit in the fund of the amounts agreed upon as necessary or 
appropriate to provide for qualified withdrawals under 
subsection (f). The deposits in the fund, and all withdrawals 
from the fund, whether qualified or nonqualified, shall be 
subject to such conditions and requirements as the Secretary 
may by regulations prescribe or are set forth in such 
agreement; except that the Secretary may not require any person 
to deposit in the fund for any taxable year more than 50 
percent of that portion of such person's taxable income for 
such year (computed in the manner provided in subsection 
(b)(1)(A)) which is attributable to the operation of the 
agreement vessels.
  (b) Ceiling on Deposits; Lessees; ``Agreement Vessel'' 
Defined.--
          (1) The amount deposited under subsection (a) in the 
        fund for any taxable year shall not exceed the sum of;
                  (A) that portion of the taxable income of the 
                owner or lessee for such year (computed as 
                provided in chapter 1 of the Internal Revenue 
                Code of 1954 but without regard to the 
                carryback of any net operating loss or net 
                capital loss and without regard to this 
                section) which is attributable to the operation 
                of the agreement vessels in the foreign or 
                domestic commerce of the United States or in 
                the fisheries of the United States,
                  (B) the amount allowable as a deduction under 
                section 167 of the Internal Revenue Code of 
                1954 for such year with respect to the 
                agreement vessels,
                  (C) if the transaction is not taken into 
                account for purposes of subparagraph (A), the 
                net proceeds (as defined in joint regulations) 
                from (i) the sale or other disposition of any 
                agreement vessel, or (ii) insurance or 
                indemnity attributable to any agreement vessel, 
                and
                  (D) the receipts from the investment or 
                reinvestment of amounts held in such fund.
          (2) In the case of a lessee, the maximum amount which 
        may be deposited with respect to an agreement vessel by 
        reason of paragraph (1)(B) for any period shall be 
        reduced by any amount which, under an agreement entered 
        into under this section, the owner is required or 
        permitted to deposit for such period with respect to 
        such vessel by reason of paragraph (1)(B).
          (3) For purposes of paragraph (1), the term 
        ``agreement vessel'' includes barges and containers 
        which are part of the complement of such vessel and 
        which are provided for in the agreement.
  (c) Investment Requirements; Depositories; Fiduciary 
Requirements; Interest-bearing Securities; Stock: Percentage 
for Domestic Issues, Listing and Registration, Prudent 
Acquisitions, Value and Percentage Equilibrium, and Treatment 
of Preferred Issues.--Amounts in any fund established under 
this section shall be kept in the depository or depositories 
specified in the agreement and shall be subject to such trustee 
and other fiduciary requirements as may be specified by the 
Secretary. They may be invested only in interest-bearing 
securities approved by the Secretary; except that, if the 
Secretary consents thereto, an agreed percentage (not in excess 
of 60 percent) of the assets of the fund may be invested in the 
stock of domestic corporations. Such stock must be currently 
fully listed and registered on an exchange registered with the 
Securities and Exchange Commission as a national securities 
exchange, and must be stock which would be acquired by prudent 
men of discretion and intelligence in such matters who are 
seeking a reasonable income and the preservation of their 
capital. If at any time the fair market value of the stock in 
the fund is more than the agreed percentage of the assets in 
the fund, any subsequent investment of amounts deposited in the 
fund, and any subsequent withdrawal from the fund, shall be 
made in such a way as to tend to restore the fund to a 
situation in which the fair market value of the stock does not 
exceed such agreed percentage. For purposes of this subsection, 
if the common stock of a corporation meets the requirements of 
this subsection and if the preferred stock of such corporation 
would meet such requirements but for the fact that it cannot be 
listed and registered as required because it is nonvoting 
stock, such preferred stock shall be treated as meeting the 
requirements of this subsection.
  (d) Nontaxability of Deposits; Eligible Deposits.--
          (1) For purposes of the Internal Revenue Code of 
        1954--
                  (A) taxable income (determined without regard 
                to this section and section 7518 of such Code) 
                for the taxable year shall be reduced by an 
                amount equal to the amount deposited for the 
                taxable year out of amounts referred to in 
                subsection (b)(1)(A),
                  (B) gain from a transaction referred to in 
                subsection (b)(1)(C) shall not be taken into 
                account if an amount equal to the net proceeds 
                (as defined in joint regulations) from such 
                transaction is deposited in the fund,
                  (C) the earnings (including gains and losses) 
                from the investment and reinvestment of amounts 
                held in the fund shall not be taken into 
                account,
                  (D) the earnings and profits of any 
                corporation (within the meaning of section 316 
                of such Code) shall be determined without 
                regard to this section and section 7518 of such 
                Code, and
                  (E) in applying the tax imposed by section 
                531 of such Code (relating to the accumulated 
                earnings tax), amounts while held in the fund 
                shall not be taken into account.
          (2) Paragraph (1) shall apply with respect to any 
        amount only if such amount is deposited in the fund 
        pursuant to the agreement and not later than the time 
        provided in joint regulations.
  (e) Accounts within Fund: Capital Account, Capital Gain 
Account, and Ordinary Income Account; Limitation on Capital 
Losses.--For purposes of this section--
          (1) Within the fund established pursuant to this 
        section three accounts shall be maintained:
                  (A) the capital account,
                  (B) the capital gain account, and
                  (C) the ordinary income account.
          (2) The capital account shall consist of--
                  (A) amounts referred to in subsection 
                (b)(1)(B),
                  (B) amounts referred to in subsection 
                (b)(1)(C) other than that portion thereof which 
                represents gain not taken into account by 
                reason of subsection (d)(1)(B),
                  (C) the percentage applicable under section 
                243(a)(1) of the Internal Revenue Code of 1986 
                of any dividend received by the fund with 
                respect to which the person maintaining the 
                fund would (but for subsection (d)(1)(C)) be 
                allowed a deduction under section 243 of the 
                Internal Revenue Code of 1954, and
                  (D) interest income exempt from taxation 
                under section 103 of such Code.
          (3) The capital gain account shall consist of--
                  (A) amounts representing capital gains on 
                assets held for more than 6 months and referred 
                to in subsection (b)(1)(C) or (b)(1)(D) reduced 
                by
                  (B) amounts representing capital losses on 
                assets held in the fund for more than 6 months.
          (4) The ordinary income account shall consist of--
                  (A) amounts referred to in subsection 
                (b)(1)(A),
                  (B)(i) amounts representing capital gains on 
                assets held for 6 months or less and referred 
                to in subsection (b)(1)(C) or (b)(1)(D), 
                reduced by--
                  (ii) amounts representing capital losses on 
                assets held in the fund for 6 months or less,
                  (C) interest (not including any tax-exempt 
                interest referred to in paragraph (2)(D)) and 
                other ordinary income (not including any 
                dividend referred to in subparagraph (E)) 
                received on assets held in the fund,
                  (D) ordinary income from a transaction 
                described in subsection (b)(1)(C), and
                  (E) the portion of any dividend referred to 
                in paragraph (2)(C) not taken into account 
                under such paragraph.
          (5) Except on termination of a fund, capital losses 
        referred to in paragraph (3)(B) or in paragraph 
        (4)(B)(ii) shall be allowed only as an offset to gains 
        referred to in paragraph (3)(A) or (4)(B)(i), 
        respectively.
  (f) Purposes of Qualified Withdrawals; Nonqualified 
Withdrawal Treatment for Nonfulfillment of Substantial 
Obligations.--
          (1) A qualified withdrawal from the fund is one made 
        in accordance with the terms of the agreement but only 
        if it is [for:] for--
                  (A) the acquisition, construction, or 
                reconstruction of a qualified [vessel,] vessel;
                  (B) the acquisition, construction, or 
                reconstruction of barges and containers which 
                are part of the complement of a qualified 
                [vessel, or] vessel;
                  (C) the payment of the principal on 
                indebtedness incurred in connection with the 
                acquisition, construction or reconstruction of 
                a qualified vessel or a barge or container 
                which is part of the complement of a qualified 
                [vessel.] vessel;
                  (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.
Except to the extent provided in regulations prescribed by the 
Secretary subparagraph (B), and so much of subparagraph (C) as 
relates only to barges and containers, shall apply only with 
respect to barges and containers constructed in the United 
States.
          (2) Under joint regulations, if the Secretary 
        determines that any substantial obligation under or any 
        agreement is not being fulfilled, he may, after notice 
        and opportunity for hearing to the person maintaining 
        the fund, treat the entire fund or any portion thereof 
        as an amount withdrawn from the fund in a nonqualified 
        withdrawal.
  (g) Tax Treatment of Qualified Withdrawals; Basis: 
Reduction.--
          (1) Any qualified withdrawal from a fund shall be 
        treated--
                  (A) first as made out of the capital account,
                  (B) second as made out of the capital gain 
                account, and
                  (C) third as made out of the ordinary income 
                account.
          (2) If any portion of a qualified withdrawal for a 
        vessel, barge, or container is made out of the ordinary 
        income account, the basis of such vessel, barge, or 
        container shall be reduced by an amount equal to such 
        portion.
          (3) If any portion of a qualified withdrawal for a 
        vessel, barge, or container is made out of the capital 
        gain account, the basis of such vessel, barge, or 
        container shall be reduced by an amount equal to such 
        portion.
          (4) If any portion of a qualified withdrawal to pay 
        the principal on any indebtedness is made out of the 
        ordinary income account or the capital gain account, 
        then an amount equal to the aggregate reduction which 
        would be required by paragraphs (2) and (3) if this 
        were a qualified withdrawal for a purpose described in 
        such paragraphs shall be applied, in the order provided 
        in joint regulations, to reduce the basis of vessels, 
        barges, and containers owned by the person maintaining 
        the fund. Any amount of a withdrawal remaining after 
        the application of the preceding sentence shall be 
        treated as a nonqualified withdrawal.
          (5) If any property the basis of which was reduced 
        under paragraph (2), (3), or (4) is disposed of, any 
        gain realized on such disposition, to the extent it 
        does not exceed the aggregate reduction in the basis of 
        such property under such paragraphs, shall be treated 
        as an amount referred to in subsection (h)(3)(A) which 
        was withdrawn on the date of such disposition. Subject 
        to such conditions and requirements as may be provided 
        in joint regulations, the preceding sentence shall not 
        apply to a disposition where there is a redeposit in an 
        amount determined under joint regulations which will, 
        insofar as practicable, restore the fund to the 
        position it was in before the withdrawal.
  (h) Tax Treatment of Nonqualified Withdrawals; FIFO and LIFO 
Bases; Interest Rate.--
          (1) Except as provided in subsection (i), any 
        withdrawal from a fund which is not a qualified 
        withdrawal shall be treated as a nonqualified 
        withdrawal.
          (2) Any nonqualified withdrawal from a fund shall be 
        treated--
                  (A) first as made out of the ordinary income 
                account,
                  (B) second as made out of the capital gain 
                account, and
                  (C) third as made out of the capital account. 
                For purposes of this section, items withdrawn 
                from any account shall be treated as withdrawn 
                on a first-in-first-out basis; except that (i) 
                any nonqualified withdrawal for research, 
                development, and design expenses incident to 
                new and advanced ship design, machinery and 
                equipment, and (ii) any amount treated as a 
                nonqualified withdrawal under the second 
                sentence of subsection (g)(4), shall be treated 
                as withdrawn on a last-in-first-out basis.
          (3) For purposes of the Internal Revenue Code of 
        1954--
                  (A) any amount referred to in paragraph 
                (2)(A) shall be included in income as an item 
                of ordinary income for the taxable year in 
                which the withdrawal is made,
                  (B) any amount referred to in paragraph 
                (2)(B) shall be included in income for the 
                taxable year in which the withdrawal is made as 
                an item of gain realized during such year from 
                the disposition of an asset held for more than 
                6 months, and
                  (C) for the period on or before the last date 
                prescribed for payment of tax for the taxable 
                year in which this withdrawal is made--
                          (i) no interest shall be payable 
                        under section 6601 of such Code and no 
                        addition to the tax shall be payable 
                        under section 6651 of such Code,
                          (ii) interest on the amount of the 
                        additional tax attributable to any item 
                        referred to in subparagraph (A) or (B) 
                        shall be paid at the applicable rate 
                        (as defined in paragraph (4)) from the 
                        last date prescribed for payment of the 
                        tax for the taxable year for which such 
                        item was deposited in the fund, and
                          (iii) no interest shall be payable on 
                        amounts referred to in clauses (i) and 
                        (ii) of paragraph (2) or in the case of 
                        any nonqualified withdrawal arising 
                        from the application of the recapture 
                        provision of section 606(5) of the 
                        Merchant Marine Act of 1936 as in 
                        effect on December 31, 1969.
          (4) For purposes of paragraph (3)(C)(ii), the 
        applicable rate of interest for any nonqualified 
        withdrawal--
                  (A) made in a taxable year beginning in 1970 
                or 1971 is 8 percent, or
                  (B) made in a taxable year beginning after 
                1971, shall be determined and published jointly 
                by the Secretary of the Treasury and the 
                Secretary and shall bear a relationship to 8 
                percent which the Secretaries determine under 
                joint regulations to be comparable to the 
                relationship which the money rates and 
                investment yields for the calendar year 
                immediately preceding the beginning of the 
                taxable year bear to the money rates and 
                investment yields for the calendar year 1970.
          (5) Amount not withdrawn from fund after 25 years 
        from deposit taxed as nonqualified withdrawal.--
                  (A) In general.--The applicable percentage of 
                any amount which remains in a capital 
                construction fund at the close of the 26th, 
                27th, 28th, 29th, or 30th taxable year 
                following the taxable year for which such 
                amount was deposited shall be treated as a 
                nonqualified withdrawal in accordance with the 
                following table:


------------------------------------------------------------------------
 If the amount remains in the
  fund at the close of the--         The applicable percentage is--
------------------------------------------------------------------------
26th taxable year............   20 percent
27th taxable year............   40 percent
28th taxable year............   60 percent
29th taxable year............   80 percent
30th taxable year............   100 percent.
------------------------------------------------------------------------

                  (B) Earnings treated as deposits.--The 
                earnings of any capital construction fund for 
                any taxable year (other than net gains) shall 
                be treated for purposes of this paragraph as an 
                amount deposited for such taxable year.
                  (C) Amounts committed treated as withdrawn.--
                For purposes of subparagraph (A), an amount 
                shall not be treated as remaining in a capital 
                construction fund at the close of any taxable 
                year to the extent there is a binding contract 
                at the close of such year for a qualified 
                withdrawal of such amount with respect to an 
                identified item for which such withdrawal may 
                be made.
                  (D) Authority to treat excess funds as 
                withdrawn.--If the Secretary determines that 
                the balance in any capital construction fund 
                exceeds the amount which is appropriate to meet 
                the vessel construction program objectives of 
                the person who established such fund, the 
                amount of such excess shall be treated as a 
                nonqualified withdrawal under subparagraph (A) 
                unless such person develops appropriate program 
                objectives within 3 years to dissipate such 
                excess.
                  (E) Amounts in fund on january 1, 1987.--For 
                purposes of this paragraph, all amounts in a 
                capital construction fund on January 1, 1987, 
                shall be treated as deposited in such fund on 
                such date.
          (6) Nonqualified withdrawals taxed at highest 
        marginal rate.--
                  (A) In general.--In the case of any taxable 
                year for which there is a nonqualified 
                withdrawal (including any amount so treated 
                under paragraph (5)), the tax imposed by 
                chapter 1 of the Internal Revenue Code of 1986 
                shall be determined--
                          (i) by excluding such withdrawal from 
                        gross income, and
                          (ii) by increasing the tax imposed by 
                        chapter 1 of such Code by the product 
                        of the amount of such withdrawal and 
                        the highest rate of tax specified in 
                        section 1 (section 11 in the case of a 
                        corporation) of such Code. With respect 
                        to the portion of any nonqualified 
                        withdrawal made out of the capital gain 
                        account during a taxable year to which 
                        section 1(h) or 1201(a) of such Code 
                        applies, the rate of tax taken into 
                        account under the preceding sentence 
                        shall not exceed 15 percent (34 percent 
                        in the case of a corporation).
                  (B) Tax benefit rule.--If any portion of a 
                nonqualified withdrawal is properly 
                attributable to deposits (other than earnings 
                on deposits) made by the taxpayer in any 
                taxable year which did not reduce the 
                taxpayer's liability for tax under chapter 1 
                for any taxable year preceding the taxable year 
                in which such withdrawal occurs--
                          (i) such portion shall not be taken 
                        into account under subparagraph (A), 
                        and
                          (ii) an amount equal to such portion 
                        shall be treated as allowed as a 
                        deduction under section 172 of such 
                        Code for the taxable year in which such 
                        withdrawal occurs.
  (i) Corporate Reorganizations and Partnership Changes.--Under 
joint regulations--
          (1) a transfer of a fund from one person to another 
        person in a transaction to which section 381 of the 
        Internal Revenue Code of 1954 applies may be treated as 
        if such transaction did not constitute a nonqualified 
        withdrawal, and
          (2) a similar rule shall be applied in the case of a 
        continuation of a partnership (within the meaning of 
        subchapter K of such Code).
  (j) Treatment of Existing Funds; Relation of Old to New 
Fund.--
          (1) Any person who was maintaining a fund or funds 
        (hereinafter in this subsection referred to as ``old 
        fund'') under this section (as in effect before the 
        enactment of this subsection) may elect to continue 
        such old fund but--
                  (A) may not hold moneys in the old fund 
                beyond the expiration date provided in the 
                agreement under which such old fund is 
                maintained (determined without regard to any 
                extension or renewal entered into after April 
                14, 1970),
                  (B) may not simultaneously maintain such old 
                fund and a new fund established under this 
                section, and
                  (C) if he enters into an agreement under this 
                section to establish a new fund, may agree to 
                the extension of such agreement to some or all 
                of the amounts in the old fund.
          (2) In the case of any extension of an agreement 
        pursuant to paragraph (1)(C), each item in the old fund 
        to be transferred shall be transferred in a nontaxable 
        transaction to the appropriate account in the new fund 
        established under this section. For purposes of 
        subsection (h)(3)(C), the date of the deposit of any 
        item so transferred shall be July 1, 1971, or the date 
        of the deposit in the old fund, whichever is the later.
  (k) Definitions.--For the purposes of this section--
          (1) The term ``eligible vessel'' means any vessel--
                  (A) constructed in the United States and, if 
                reconstructed, reconstructed in the United 
                States,
                  (B) documented under the laws of the United 
                States, and
                  (C) operated in the foreign or domestic 
                commerce of the United States or in the 
                fisheries of the United States. Any vessel 
                which (i) was constructed outside of the United 
                States but documented under the laws of the 
                United States on April 15, 1970, or (ii) 
                constructed outside the United States for use 
                in the United States foreign trade pursuant to 
                a contract entered into before April 15, 1970, 
                shall be treated as satisfying the requirements 
                of subparagraph (A) of this paragraph and the 
                requirements of subparagraph (A) of paragraph 
                (2).
          (2) The term ``qualified vessel'' means any vessel--
                  (A) constructed in the United States and, if 
                reconstructed, reconstructed in the United 
                States,
                  (B) documented under the laws of the United 
                States, and
                  (C) which the person maintaining the fund 
                agrees with the Secretary of Commerce will be 
                operated in the United States foreign, Great 
                Lakes, or noncontiguous domestic trade or in 
                the fisheries of the United States.
          (3) The term ``agreement vessel'' means any eligible 
        vessel or qualified vessel which is subject to an 
        agreement entered into under this section.
          (4) The term ``United States'', when used in a 
        geographical sense, means the continental United States 
        including Alaska, Hawaii, and Puerto Rico.
          (5) The term ``United States foreign trade'' includes 
        (but is not limited to) those areas in domestic trade 
        in which a vessel built with construction-differential 
        subsidy is permitted to operate under the first 
        sentence of section 506 of this Act.
          (6) The term ``joint regulations'' means regulations 
        prescribed under subsection (l).
          (7) The term ``vessel'' includes cargo handling 
        equipment which the Secretary of Commerce determines is 
        intended for use primarily on the vessel. The term 
        ``vessel'' also includes an ocean- going towing vessel 
        or an ocean-going barge or comparable towing vessel or 
        barge operated on the Great Lakes.
          (8) The term ``noncontiguous trade'' means (i) trade 
        between the contiguous forty-eight States on the one 
        hand and Alaska, Hawaii, Puerto Rico and the insular 
        territories and possessions of the United States on the 
        other hand, and (ii) trade from any point in Alaska, 
        Hawaii, Puerto Rico, and such territories and 
        possessions to any other point in Alaska, Hawaii, 
        Puerto Rico, and such territories and possessions.
          (9) The term ``Secretary'' means the Secretary of 
        Commerce with respect to eligible or qualified vessels 
        operated or to be operated in the fisheries of the 
        United States, and the Secretary of Transportation with 
        respect to all other vessels.
  (l) Records; Reports; Rules and Regulations; Termination of 
Agreement upon Changes in Regulations with Wubstantial Effect 
on Rights or Obligations.--Each person maintaining a fund under 
this section shall keep such records and shall make such 
reports as the Secretary or the Secretary of the Treasury shall 
require. The Secretary of the Treasury and the Secretary shall 
jointly prescribe all rules and regulations, not inconsistent 
with the foregoing provisions of this section, as may be 
necessary or appropriate to the determination of tax liability 
under this section. If, after an agreement has been entered 
into under this section, a change is made either in the joint 
regulations or in the regulations prescribed by the Secretary 
under this section which could have a substantial effect on the 
rights or obligations of any person maintaining a fund under 
this section, such person may terminate such agreement.
  (m) Departmental Reports and Certification.--
          (1) In general.--For each calendar year, the 
        Secretaries shall each provide the Secretary of the 
        Treasury, within 120 days after the close of such 
        calendar year, a written report with respect to those 
        capital construction funds that are under their 
        jurisdiction.
          (2) Contents of reports.--Each report shall set forth 
        the name and taxpayer identification number of each 
        person--
                  (A) establishing a capital construction fund 
                during such calendar year;
                  (B) maintaining a capital construction fund 
                as of the last day of such calendar year;
                  (C) terminating a capital construction fund 
                during such calendar year;
                  (D) making any withdrawal from or deposit 
                into (and the amounts thereof) a capital 
                construction fund during such calendar year; or
                  (E) with respect to which a determination has 
                been made during such calendar year that such 
                person has failed to fulfill a substantial 
                obligation under any capital construction fund 
                agreement to which such person is a party.

           *       *       *       *       *       *       *


SEC. 1104A. ELIGIBILITY FOR GUARANTEE.

                         [46 U.S.C. App. 1274]

  (a) Purpose of Obligations.--Pursuant to the authority 
granted under section 1103(a), the Secretary upon such terms as 
he shall prescribe, may guarantee or make a commitment to 
guarantee, payment of the principal of and interest on an 
obligation which aids in--
          (1) financing, including reimbursement of an obligor 
        for expenditures previously made for, construction, 
        reconstruction, or reconditioning of a vessel 
        (including an eligible export vessel), which is 
        designed principally for research, or for commercial 
        use
                  (A) in the coastwise or intercoastal trade;
                  (B) on the Great Lakes, or on bays, sounds, 
                rivers, harbors, or inland lakes of the United 
                States;
                  (C) in foreign trade as defined in section 
                905 of this Act for purposes of title V of this 
                Act; or
                  (D) as an ocean thermal energy conversion 
                facility or plantship;
                  (E) with respect to floating drydocks in the 
                construction, reconstruction, reconditioning, 
                or repair of vessels; or
                  (F) with respect to an eligible export 
                vessel, in world-wide trade; Provided, however, 
                That no guarantee shall be entered into 
                pursuant to this paragraph (a)(1) later than 
                one year after delivery, or redelivery in the 
                case of reconstruction or reconditioning of any 
                such vessel unless the proceeds of the 
                obligation are used to finance the 
                construction, reconstruction, or reconditioning 
                of a vessel or vessels, or facilities or 
                equipment pertaining to marine operations;
          (2) financing, including reimbursement of an obligor 
        for expenditures previously made for, construction, 
        reconstruction, reconditioning, or purchase of a vessel 
        or vessels owned by citizens or nationals of the United 
        States or citizens of the Northern Mariana Islands 
        which are designed principally for research, or for 
        commercial use in the fishing trade or industry;
          (3) financing the purchase, reconstruction, or 
        reconditioning of vessels or fishery facilities for 
        which obligations were guaranteed under this title 
        that, under the provisions of section 1105:
                  (A) are vessels or fishery facilities for 
                which obligations were accelerated and paid;
                  (B) were acquired by the Fund; or
                  (C) were sold at foreclosure instituted by 
                the Secretary;
          (4) financing, in whole or in part, the repayment to 
        the United States of any amount of construction-
        differential subsidy paid with respect to a vessel 
        pursuant to title V of this Act, as amended;
          (5) refinancing existing obligations issued for one 
        of the purposes specified in (1), (2), (3), or (4) 
        whether or not guaranteed under this title, including, 
        but not limited to, short-term obligations incurred for 
        the purpose of obtaining temporary funds with the view 
        to refinancing from time to time;
          (6) financing or refinancing, including, but not 
        limited to, the reimbursement of obligors for 
        expenditures previously made for, the construction, 
        reconstruction, reconditioning, or purchase of fishery 
        facilities; or
          [(7) financing or refinancing, including, but not 
        limited to, 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 (16 U.S.C. 1853(d)(4)).]
          (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.
Any obligation guaranteed under paragraphs (6) and (7) shall be 
treated, for purposes of this title, in the same manner and to 
the same extent as an obligation guaranteed under this title 
which aids in the construction, reconstruction, reconditioning, 
or purchase of a vessel; except with respect to provisions of 
this title that by their nature can only be applied to 
vessels.]
  (b) Contents of Obligations.--Obligations guaranteed under 
this title--
          (1) shall have an obligor approved by the Secretary 
        as responsible and possessing the ability, experience, 
        financial resources, and other qualifications necessary 
        to the adequate operation and maintenance of the vessel 
        or vessels which serve as security for the guarantee of 
        the Secretary;
          (2) subject to the provisions of subsection (c)(1) 
        and subsection (i), shall be in an aggregate principal 
        amount which does not exceed 75 per centum of the 
        actual cost or depreciated actual cost, as determined 
        by the Secretary, of the vessel which is used as 
        security for the guarantee of the Secretary: Provided, 
        however, That in the case of a vessel, the size and 
        speed of which are approved by the Secretary, and which 
        is or would have been eligible for mortgage aid for 
        construction under section 509 of this Act (or would 
        have been eligible for mortgage aid under section 509 
        of this Act except that the vessel was built with the 
        aid of construction-differential subsidy and said 
        subsidy has been repaid) and in respect of which the 
        minimum downpayment by the mortgagor required by that 
        section would be or would have been 12\1/2\ per centum 
        of the cost of such vessel, such obligations may be in 
        an amount which does not exceed 87\1/2\ per centum of 
        such actual cost or depreciated actual cost: Provided, 
        further, That the obligations which relate to a barge 
        which is constructed without the aid of construction-
        differential subsidy, or, if so subsidized, on which 
        said subsidy has been repaid, may be in an aggregate 
        principal amount which does not exceed 87\1/2\ per 
        centum of the actual cost or depreciated actual cost 
        thereof: Provided further, That in the case of a 
        fishing vessel or fishery facility, the obligation 
        shall be in an aggregate principal amount not to exceed 
        80 percent of the actual cost or depreciated actual 
        cost of the fishing vessel or fishery facility, except 
        that no debt may be placed under this proviso through 
        the Federal Financing Bank: Provided further, That in 
        the case of an ocean thermal energy conversion facility 
        or plantship which is constructed without the aid of 
        construction-differential subsidy, such obligations may 
        be in an aggregate principal amount which does not 
        exceed 87\1/2\ percent of the actual cost or 
        depreciated actual cost of the facility or plantship: 
        Provided further, That in the case of an eligible 
        export vessel, such obligations may be in an aggregate 
        principal amount which does not exceed 87\1/2\ of the 
        actual cost or depreciated actual cost of the eligible 
        export vessel;
          (3) shall have maturity dates satisfactory to the 
        Secretary but, subject to the provisions of paragraph 
        (2) of subsection (c) of this section, not to exceed 
        twenty-five years from the date of the delivery of the 
        vessel which serves as security for the guarantee of 
        the Secretary or, if the vessel has been reconstructed 
        or reconditioned, not to exceed the later of (i) 
        twenty-five years from the date of delivery of the 
        vessel and (ii) the remaining years of the useful life 
        of the vessel as determined by the Secretary;
          (4) shall provide for payments by the obligor 
        satisfactory to the Secretary;
          (5) shall bear interest (exclusive of charges for the 
        guarantee and service charges, if any) at rates not to 
        exceed such per centum per annum on the unpaid 
        principal as the Secretary determines to be reasonable, 
        taking into account the range of interest rates 
        prevailing in the private market for similar loans and 
        the risks assumed by the Secretary;
          (6) shall provide, or a related agreement shall 
        provide, that if the vessel used as security for the 
        guarantee of the Secretary is a delivered vessel, the 
        vessel shall be in class A-1, American Bureau of 
        Shipping, or shall meet such other standards as may be 
        acceptable to the Secretary, with all required 
        certificates, including but not limited to, marine 
        inspection certificates of the United States Coast 
        Guard or, in the case of an eligible export vessel, of 
        the appropriate national flag authorities under a 
        treaty, convention, or other international agreement to 
        which the United States is a party, with all 
        outstanding requirements and recommendations necessary 
        for retention of class accomplished, unless the 
        Secretary permits a deferment of such repairs, and 
        shall be tight, stanch, strong, and well and 
        sufficiently tackled, appareled, furnished, and 
        equipped, and in every respect seaworthy and in good 
        running condition and repair, and in all respects fit 
        for service; and
          (7) may provide, or a related agreement may provide, 
        if the vessel used as security for the guarantee of the 
        Secretary is a passenger vessel having the tonnage, 
        speed, passenger accommodations and other 
        characteristics set forth in title V of this Act, as 
        amended, and if the Secretary approves, that the sole 
        recourse against the obligor by the United States for 
        any payments under the guarantee shall be limited to 
        repossession of the vessel and the assignment of 
        insurance claims and that the liability of the obligor 
        for any payments of principal and interest under the 
        guarantee shall be satisfied and discharged by the 
        surrender of the vessel and all right, title, and 
        interest therein to the United States: Provided, That 
        the vessel upon surrender shall be--
                  (i) free and clear of all liens and 
                encumbrances whatsoever except the security 
                interest conveyed to the Secretary under this 
                title,
                  (ii) in class, and
                  (iii) in as good order and condition, 
                ordinary wear and tear excepted, as when 
                acquired by the obligor, except that any 
                deficiencies with respect to freedom from 
                encumbrances, condition and class may, to the 
                extent covered by valid policies of insurance, 
                be satisfied by the assignment to the Secretary 
                of claims of the obligor under such policies. 
                The Secretary may not establish, as a condition 
                of eligibility for guarantee under this title, 
                a minimum principal amount for an obligation 
                covering the reconstruction or reconditioning 
                of a fishing vessel or fishery facility. For 
                purposes of this title, the reconstruction or 
                reconditioning of a fishing vessel or fishery 
                facility does not include the routine minor 
                repair or maintenance of the vessel or 
                facility.
  (c) Security.--(1) The security for the guarantee of an 
obligation by the Secretary under this title may relate to more 
than one vessel and may consist of any combination of types of 
security. The aggregate principal amount of obligations which 
have more than one vessel as security for the guarantee of the 
Secretary under this title may equal, but not exceed, the sum 
of the principal amount of obligations permissible with respect 
to each vessel.
  (2) If the security for the guarantee of an obligation by the 
Secretary under this title relates to more than one vessel, 
such obligation may have the latest maturity date permissible 
under subsection (b) of this section with respect to any of 
such vessels: Provided, That the Secretary may require such 
payments of principal, prior to maturity, with respect to all 
related obligations as he deems necessary in order to maintain 
adequate security for his guarantee.
  (d) Restrictions.--(1)(A) No commitment to guarantee, or 
guarantee of, an obligation shall be made by the Secretary of 
Transportation unless the Secretary finds that the property or 
project with respect to which the obligation will be executed 
will be economically sound. In making that determination, the 
Secretary shall consider--
          (i) the need in the particular segment of the 
        maritime industry for new or additional capacity, 
        including any impact on existing equipment for which a 
        guarantee under this title is in effect;
          (ii) the market potential for the employment of the 
        vessel over the life of the guarantee;
          (iii) projected revenues and expenses associated with 
        employment of the vessel;
          (iv) any charters, contracts of affreightment, 
        transportation agreements, or similar agreements or 
        undertakings relevant to the employment of the vessel;
          (v) other relevant criteria; and
          (vi) for inland waterways, the need for technical 
        improvements, including but not limited to increased 
        fuel efficiency, or improved safety.
  (B) No commitment to guarantee, or guarantee of, and 
obligation shall be made by the Secretary of Commerce unless 
the Secretary finds, at or prior to the time such commitment is 
made or guarantee becomes effective, that the property or 
project with respect to which the obligation will be executed 
will be, in the Secretary's opinion, economically sound and in 
the case of fishing vessels, that the purpose of the financing 
or refinancing is consistent with the wise use of the fisheries 
resources and with the development, advancement, management, 
conservation, and protection of the fisheries resources, or 
with the need for technical improvements including but not 
limited to increased fuel efficiency or improved safety.
  (2) No commitment to guarantee, or guarantee of an obligation 
may be made by the Secretary under this title for the purchase 
of a used fishing vessel or used fishery facility unless--
          (A) the vessel or facility will be reconstructed or 
        reconditioned in the United States and will contribute 
        to the development of the United States fishing 
        industry; or
          (B) the vessel or facility will be used in the 
        harvesting of fish from, or for a purpose described in 
        section 1101(k) with respect to, an underutilized 
        fishery.
          (3) No commitment to guarantee, or guarantee of an 
        obligation may be made by the Secretary under this 
        title for the construction, reconstruction, or 
        reconditioning of an eligible export vessel unless--
                  (A) the Secretary finds that the 
                construction, reconstruction, or reconditioning 
                of that vessel will aid in the transition of 
                United States shipyards to commercial 
                activities or will preserve shipbuilding assets 
                that would be essential in time of war or 
                national emergency, and
                  (B) the owner of the vessel agrees with the 
                Secretary of Transportation that the vessel 
                shall not be transferred to any country 
                designated by the Secretary of Defense as a 
                country whose interests are hostile to the 
                interests of the United States.
          (4) The Secretary shall promulgate regulations 
        concerning circumstances under which waivers of or 
        exceptions to otherwise applicable regulatory 
        requirements concerning financial condition can be 
        made. The regulations shall require that--
                  (A) the economic soundness requirements set 
                forth in paragraph (1)(A) of this subsection 
                are met after the waiver of the financial 
                condition requirement; and
                  (B) the waiver shall provide for the 
                imposition of other requirements on the obligor 
                designed to compensate for the increased risk 
                associated with the obligor's failure to meet 
                regulatory requirements applicable to financial 
                condition.
  (e) Guarantee Fees.--
          (1) Except as otherwise provided in this subsection, 
        the Secretary shall prescribe regulations to assess in 
        accordance with this subsection a fee for the guarantee 
        of an obligation under this title.
          (2)(A) The amount of a fee under this subsection for 
        a guarantee is equal to the sum determined by adding 
        the amounts determined under subparagraph (B) for the 
        years in which the guarantee is in effect.
          (B) The amount referred to in subparagraph (A) for a 
        year is the present value (determined by applying the 
        discount rate determined under subparagraph (F)) of the 
        amount determined by multiplying--
                  (i) the estimated average unpaid principal 
                amount of the obligation that will be 
                outstanding during the year (determined in 
                accordance with subparagraph (E)), by
                  (ii) the fee rate established under 
                subparagraph (C) for the obligation for each 
                year.
          (C) The fee rate referred to in subparagraph (B)(ii) 
        for an obligation shall be--
                  (i) in the case of an obligation for a 
                delivered vessel or equipment, not less than 
                one-half of 1 percent and not more than 1 
                percent, determined by the Secretary for the 
                obligation under the formula established under 
                subparagraph (D); or
                  (ii) in the case of an obligation for a 
                vessel to be constructed, reconstructed, or 
                reconditioned, or of equipment to be delivered, 
                not less than one-quarter of 1 percent and not 
                more than one-half of 1 percent, determined by 
                the Secretary for the obligation under the 
                formula established under subparagraph (D).
          (D) The Secretary shall establish a formula for 
        determining the fee rate for an obligation for purposes 
        of subparagraph (C), that--
                  (i) is a sliding scale based on the 
                creditworthiness of the obligor;
                  (ii) takes into account the security provided 
                for a guarantee under this title for the 
                obligation; and
                  (iii) uses--
                          (I) in the case of the most 
                        creditworthy obligors, the lowest rate 
                        authorized under subparagraph (C)(i) or 
                        (ii), as applicable; and
                          (II) in the case of the least 
                        creditworthy obligors, the highest rate 
                        authorized under subparagraph (C)(i) or 
                        (ii), as applicable.
          (E) For purposes of subparagraph (B)(i), the 
        estimated average unpaid principal amount does not 
        include the average amount (except interest) on deposit 
        in a year in the escrow fund under section 1108.
          (F) For purposes of determining present value under 
        subparagraph (B) for an obligation, the Secretary shall 
        apply a discount rate determined by the Secretary of 
        the Treasury taking into consideration current market 
        yields on outstanding obligations of the United States 
        having periods to maturity comparable to the period to 
        maturity for the obligation with respect to which the 
        determination of present value is made.
          (3) A fee under this subsection shall be assessed and 
        collected not later than the date on which amounts are 
        first paid under an obligation with respect to which 
        the fee is assessed.
          (4) A fee paid under this subsection is not 
        refundable. However, an obligor shall receive credit 
        for the amount paid for the remaining term of the 
        guaranteed obligation if the obligation is refinanced 
        and guaranteed under this title after such refinancing.
          (5) A fee paid under subsection (e) shall be included 
        in the amount of the actual cost of the obligation 
        guaranteed under this title and is eligible to be 
        financed under this title.
  (f) Investigation of Applications.--
          (1) The Secretary shall charge and collect from the 
        obligor such amounts as he may deem reasonable for the 
        investigation of applications for a guarantee, for the 
        appraisal of properties offered as security for a 
        guarantee, for the issuance of commitments, for 
        services in connection with the escrow fund authorized 
        by section 1108 and for the inspection of such 
        properties during construction, reconstruction, or 
        reconditioning: Provided, That such charges shall not 
        aggregate more than one-half of 1 per centum of the 
        original principal amount of the obligations to be 
        guaranteed.
          (2) The Secretary may make a determination that 
        aspects of an application under this title require 
        independent analysis to be conducted by third party 
        experts due to risk factors associated with markets, 
        technology, financial structures, or other risk factors 
        identified by the Secretary. Any independent analysis 
        conducted pursuant to this provision shall be performed 
        by a party chosen by the Secretary.
          (3) Notwithstanding any other provision of this 
        title, the Secretary may make a determination that an 
        application under this title requires additional equity 
        because of increased risk factors associated with 
        markets, technology, financial structures, or other 
        risk factors identified by the Secretary.
          (4) The Secretary may charge and collect fees to 
        cover the costs of independent analysis under paragraph 
        (2). Notwithstanding section 3302 of title 31, United 
        States Code, any fee collected under this paragraph 
        shall--
                  (A) be credit as an offsetting collection to 
                the account that finances the administration of 
                the loan guarantee program;
                  (B) shall be available for expenditure only 
                to pay the costs of activities and services for 
                which the fee is imposed; and
                  (C) shall remain available until expended.
  (g) Disposition of Moneys.--All moneys received by the 
Secretary under the provisions of sections 1101-1107 of this 
title shall be deposited in the Fund.
  (h) Additional Requirements.--Obligations guaranteed under 
this title and agreements relating thereto shall contain such 
other provisions with respect to the protection of the security 
interests of the United States (including acceleration, 
assumptions, and subrogation provisions and the issuance of 
notes by the obligor to the Secretary), liens and releases of 
liens, payments of taxes, and such other matters as the 
Secretary may, in his discretion, prescribe.
  (i) Limitation on Establishment of Percentage.--The Secretary 
may not, with respect to--
          (1) the general 75 percent or less limitation in 
        subsection (b)(2);
          (2) the 87\1/2\ percent or less limitation in the 
        1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or 
        section 1112(b); or
          (3) the 80 percent or less limitation in the 3rd 
        proviso to such subsection; establish by rule, 
        regulation, or procedure any percentage within any such 
        limitation that is, or is intended to be, applied 
        uniformly to all guarantees or commitments to guarantee 
        made under this section that are subject to the 
        limitation.
  (j) Procedure upon Receiving Loan Guarantee Application.--(1) 
Upon receiving an application for a loan guarantee for an 
eligible export vessel, the Secretary shall promptly provide to 
the Secretary of Defense notice of the receipt of the 
application. During the 30-day period beginning on the date on 
which the Secretary of Defense receives such notice, the 
Secretary of Defense may disapprove the loan guarantee based on 
the assessment of the Secretary of the potential use of the 
vessel in a manner that may cause harm to United States 
national security interests. The Secretary of Defense may not 
disapprove a loan guarantee under this section solely on the 
basis of the type of vessel to be constructed with the loan 
guarantee. The authority of the Secretary to disapprove a loan 
guarantee under this section may not be delegated to any 
official other than a civilian officer of the Department of 
Defense appointed by the President, by and with the advice and 
consent of the Senate.
  (2) The Secretary of Transportation may not make a loan 
guarantee disapproved by the Secretary of Defense under 
paragraph (1).
  (k) Monitoring.--The Secretary shall monitor the financial 
conditions and operations of the obligor on a regular basis 
during the term of the guarantee. The Secretary shall document 
the results of the monitoring on an annual or quarterly basis 
depending upon the condition of the obligor. If the Secretary 
determines that the financial condition of the obligor warrants 
additional protections to the Secretary, then the Secretary 
shall take appropriate action under subsection (m) of this 
section. If the Secretary determines that the financial 
condition of the obligor jeopardizes its continued ability to 
perform its responsibilities in connection with the guarantee 
of obligations by the Secretary, the Secretary shall make an 
immediate determination whether default should take place and 
whether further measures described in subsection (m) should be 
taken to protect the interests of the Secretary while insuring 
that program objectives are met.
  (l) Review of Applications.--No commitment to guarantee, or 
guarantee of, an obligation shall be made by the Secretary 
unless the Secretary certifies that a full and fair 
consideration of all the regulatory requirements, including 
economic soundness and financial requirements applicable to 
obligors and related parties, and a thorough assessment of the 
technical, economic, and financial aspects of the loan 
application has been made.
  (m) Agreement with Obligor.--The Secretary shall include 
provisions in loan agreements with obligors that provide 
additional authority to the Secretary to take action to limit 
potential losses in connection with defaulted loans or loans 
that are in jeopardy due to the deteriorating financial 
condition of obligors. Provisions that the Secretary shall 
include in loan agreements include requirements for additional 
collateral or greater equity contributions that are effective 
upon the occurrence of verifiable conditions relating to the 
obligors financial condition or the status of the vessel or 
shipyard project.
  (n) Decision Period.--
          (1) In general.--The Secretary of Transportation 
        shall approve or deny an application for a loan 
        guarantee under this title within 270 days after the 
        date on which the signed application is received by the 
        Secretary.
          (2) Extension.--Upon request by an applicant, the 
        Secretary may extend the 270-day period in paragraph 
        (1) to a date not later than 2 years after the date on 
        which the signed application for the loan guarantee was 
        received by the Secretary.

   [DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2000

    [Sec. 623. (a) Northern Fund and Southern Fund.--]

                            [16 U.S.C. 3645]

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

  (a) Northern Fund and Southern Fund.--
            (1) As provided in the June 30, 1999, Agreement of 
        the United States and Canada on the Treaty Between the 
        Government of the United States and the Government of 
        Canada Concerning Pacific Salmon, 1985 (hereafter 
        referred to as the ``1999 Pacific Salmon Treaty 
        Agreement'') there are hereby established a Northern 
        Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the 
        ``Northern Fund'') and a Southern Boundary Restoration 
        and Enhancement Fund (hereafter referred to as the 
        ``Southern Fund'') to be held by the Pacific Salmon 
        Commission. The Northern Fund and Southern Fund shall 
        be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve 
        the highest annual yield consistent with protecting the 
        principal of each Fund. Income from investments made 
        pursuant to this paragraph shall be available until 
        expended, without appropriation or fiscal year 
        limitation, for programs and activities relating to 
        salmon restoration and enhancement, salmon research, 
        the conservation of salmon habitat, and implementation 
        of the Pacific Salmon Treaty and related agreements. 
        Amounts provided by grants under this subsection may be 
        held in interest bearing accounts prior to the 
        disbursement of such funds for program purposes, and 
        any interest earned may be retained for program 
        purposes without further appropriation. The Northern 
        Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to 
        unrestricted circulars of the Office of Management and 
        Budget. Recipients of amounts from either Fund shall 
        keep separate accounts and such records as are 
        reasonably necessary to disclose the use of the funds 
        as well as to facilitate effective audits.
            (2) Fund management.--
                    (A) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Northern Fund pursuant to paragraph (1) 
                shall be administered by a Northern Fund 
                Committee, which shall be comprised of three 
                representatives of the Government of Canada, 
                and three representatives of the United States. 
                The three United States representatives shall 
                be the United States Commissioner and Alternate 
                Commissioner appointed (or designated) from a 
                list submitted by the Governor of Alaska for 
                appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National 
                Marine Fisheries Service for the Alaska Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area from Cape Caution, Canada to 
                Cape Suckling, Alaska may be approved for 
                funding by the Northern Fund Committee.
                    (B) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Southern Fund pursuant to paragraph (1) 
                shall be administered by a Southern Fund 
                Committee, which shall be comprised of three 
                representatives of Canada and three 
                representatives of the United States. The 
                United States representatives shall be 
                appointed by the Secretary of Commerce: one 
                shall be selected from a list of three 
                qualified individuals submitted by the 
                Governors of the States of Washington and 
                Oregon; one shall be selected from a list of 
                three qualified individuals submitted by the 
                treaty Indian tribes (as defined by the 
                Secretary of Commerce); and one shall be the 
                Regional Administrator of the National Marine 
                Fisheries Service for the Northwest Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area south of Cape Caution, Canada 
                may be approved for funding by the Southern 
                Fund Committee.
    (b) Pacific Salmon Treaty Implementation.--(1) None of the 
funds authorized by this section for implementation of the 1999 
Pacific Salmon Treaty Agreement shall be made available until 
each of the following conditions to the 1999 Pacific Salmon 
Treaty Agreement has been fulfilled--
            (A) stipulations are revised and court orders 
        requested as set forth in the letter of understanding 
        of the United States negotiators dated June 22, 1999. 
        If such orders are not requested by December 31, 1999, 
        this condition shall be considered unfulfilled; and
            (B) a determination is made that--
                    (i) the entry by the United States into the 
                1999 Pacific Salmon Treaty Agreement;
                    (ii) the conduct of the Alaskan fisheries 
                pursuant to the 1999 Pacific Salmon Treaty 
                Agreement, without further clarification or 
                modification of the management regimes 
                contained therein; and
                    (iii) the decision by the North Pacific 
                Fisheries Management Council to continue to 
                defer its management authority over salmon to 
                the State of Alaska are not likely to cause 
                jeopardy to, or adversely modify designated 
                critical habitat of, any salmonid species 
                listed under Public Law 93-205, as amended, in 
                any fishery subject to the Pacific Salmon 
                Treaty.
    (2) If the requests for orders in subparagraph (1)(A) are 
withdrawn after December 31, 1999, or if such orders are not 
entered by March 1, 2000, amounts in the Northern Fund and the 
Southern Fund shall be transferred to the general fund of the 
United States Treasury.
    (3) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce shall determine whether 
Southern United States fisheries are likely to cause jeopardy 
to, or adversely modify designated critical habitat of, any 
salmonid species listed under Public Law 93-205, as amended, 
before the Secretary of Commerce may initiate or reinitiate 
consultation on Alaska fisheries under such Act.
    (4) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce may not initiate or 
reinitiate consultation on Alaska fisheries under section 7 of 
Public Law 93-205, as amended, until--
            (A) the Pacific Salmon Commission has had a 
        reasonable opportunity to implement the provisions of 
        the 1999 Pacific Salmon Treaty Agreement, including the 
        harvest responses pursuant to paragraph 9, chapter 3 of 
        Annex IV to the Pacific Salmon Treaty; and
            (B) he determines, in consultation with the United 
        States Section of the Pacific Salmon Commission, that 
        implementation actions under the 1999 Agreement will 
        not return escapements as expeditiously as possible to 
        maximum sustainable yield or other biologically-based 
        escapement objectives agreed to by the Pacific Salmon 
        Commission.
    (5) The Secretary of Commerce shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives of his 
intent to initiate or reinitiate consultation on Alaska 
fisheries.
    (6)(A) For purposes of this section, ``Alaska fisheries'' 
means all directed Pacific salmon fisheries off the coast of 
Alaska that are subject to the Pacific Salmon Treaty.
    (B) For purposes of this section, ``Southern United States 
fisheries'' means all directed Pacific salmon fisheries in 
Washington, Oregon, and the Snake River basin of Idaho that are 
subject to the Pacific Salmon Treaty.
    (c) [Omitted. Subsection (c) amended section 3(g) of Public 
Law 99-5.]
    (d)(1) Pacific Salmon Treaty.--
            (A) For capitalizing the Northern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $75,000,000.
            (B) For capitalizing the Southern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $65,000,000.
            (C) To provide economic adjustment assistance to 
        fishermen pursuant to the 1999 Pacific Salmon Treaty 
        Agreement, there is authorized to be appropriated in 
        fiscal years 2000, 2001, and 2002 a total of 
        $30,000,000.
    (2) Pacific Coastal salmon recovery.--
            (A) For salmon habitat restoration, salmon stock 
        enhancement, sustainable salmon fisheries, and salmon 
        research, including the construction of salmon research 
        and related facilities, there is authorized to be 
        appropriated for each of fiscal years 2005, 2006, 2007, 
        2008, and 2009, $90,000,000 to the States of Alaska, 
        Washington, Oregon, Idaho, and California. Amounts 
        appropriated pursuant to this subparagraph shall be 
        made available as direct payments. The State of Alaska 
        may allocate a portion of any funds it receives under 
        this subsection to eligible activities outside Alaska.
            (B) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and supplementation 
        activities, there is authorized to be appropriated in 
        each of fiscal years 2000, 2001, 2002, and 2003, 
        $10,000,000 to be divided between the Pacific Coastal 
        tribes (as defined by the Secretary of Commerce) and 
        the Columbia River tribes (as defined by the Secretary 
        of Commerce).
Funds appropriated to the States under the authority of this 
section shall be subject to a 25 percent non-Federal match 
requirement. In addition, not more than 3 percent of such funds 
shall be available for administrative expenses, with the 
exception of funds used in the Washington State for the Forest 
and Fish Agreement.

                                  
