[House Report 114-116]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       114-116

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



 
    STRENGTHENING FISHING COMMUNITIES AND INCREASING FLEXIBILITY IN 
                        FISHERIES MANAGEMENT ACT

                                _______
                                

  May 15, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1335]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1335) to amend the Magnuson-Stevens Fishery 
Conservation and Management Act to provide flexibility for 
fishery managers and stability for fishermen, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Strengthening Fishing Communities and 
Increasing Flexibility in Fisheries Management Act''.

SEC. 2. DEFINITIONS.

  In this Act, any term used that is defined in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802) shall have the same meaning such term has under that section.

SEC. 3. REFERENCES.

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

SEC. 4. FLEXIBILITY IN REBUILDING FISH STOCKS.

  (a) General Requirements.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (A)(i), by striking ``possible'' 
                and inserting ``practicable'';
                  (B) by amending subparagraph (A)(ii) to read as 
                follows:
                          ``(ii) may not exceed the time the stock 
                        would be rebuilt without fishing occurring plus 
                        one mean generation, except in a case in 
                        which--
                                  ``(I) 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;
                                  ``(II) the Secretary determines that 
                                the cause of the stock being depleted 
                                is outside the jurisdiction of the 
                                Council or the rebuilding program 
                                cannot be effective only by limiting 
                                fishing activities;
                                  ``(III) the Secretary determines that 
                                one or more components of a mixed-stock 
                                fishery is depleted but cannot be 
                                rebuilt within that time- frame without 
                                significant economic harm to the 
                                fishery, or cannot be rebuilt without 
                                causing another component of the mixed-
                                stock fishery to approach a depleted 
                                status;
                                  ``(IV) the Secretary determines that 
                                recruitment, distribution, or life 
                                history of, or fishing activities for, 
                                the stock are affected by informal 
                                transboundary agreements under which 
                                management activities outside the 
                                exclusive economic zone by another 
                                country may hinder conservation and 
                                management efforts by United States 
                                fishermen; and
                                  ``(V) the Secretary determines that 
                                the stock has been affected by unusual 
                                events that make rebuilding within the 
                                specified time period improbable 
                                without significant economic harm to 
                                fishing communities;'';
                  (C) by striking ``and'' after the semicolon at the 
                end of subparagraph (B), by redesignating subparagraphs 
                (B) and (C) as subparagraphs (C) and (D), and by 
                inserting after subparagraph (A) the following:
                  ``(B) take into account environmental condition 
                including predator/prey relationships;''; and
                  (D) by striking the period at the end of subparagraph 
                (D) (as so redesignated) and inserting ``; and'', and 
                by adding at the end the following:
                  ``(E) specify a schedule for reviewing the rebuilding 
                targets, evaluating environmental impacts on rebuilding 
                progress, and evaluating progress being made toward 
                reaching rebuilding targets.''; and
          (2) by adding at the end the following:
          ``(8) A fishery management plan, plan amendment, or proposed 
        regulations may use alternative rebuilding strategies, 
        including harvest control rules and fishing mortality-rate 
        targets to the extent they are in compliance with the 
        requirements of this Act.
          ``(9) A Council may terminate the application of paragraph 
        (3) to a fishery if the Council's scientific and statistical 
        committee determines and the Secretary concurs that the 
        original determination that the fishery was depleted was 
        erroneous, either--
                  ``(A) within the 2-year period beginning on the 
                effective date a fishery management plan, plan 
                amendment, or proposed regulation for a fishery under 
                this subsection takes effect; or
                  ``(B) within 90 days after the completion of the next 
                stock assessment after such determination.''.
  (b) Emergency Regulations and Interim Measures.--Section 305(c)(3)(B) 
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days after'' and 
all that follows through ``provided'' and inserting ``1 year after the 
date of publication, and may be extended by publication in the Federal 
Register for one additional period of not more than 1 year, if''.

SEC. 5. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.

  Section 302 (16 U.S.C. 1852) is amended by adding at the end the 
following:
  ``(m) Considerations for Modifications to Annual Catch Limit 
Requirements.--
          ``(1) Consideration of ecosystem and economic impacts.--In 
        establishing annual catch limits a Council may, consistent with 
        section 302(h)(6), consider changes in an ecosystem and the 
        economic needs of the fishing communities.
          ``(2) Limitations to annual catch limit requirement for 
        special fisheries.--Notwithstanding subsection (h)(6), a 
        Council is not required to develop an annual catch limit for--
                  ``(A) an ecosystem component species;
                  ``(B) a fishery for a species that has a life cycle 
                of approximately 1 year, unless the Secretary has 
                determined the fishery is subject to overfishing; or
                  ``(C) a stock for which--
                          ``(i) more than half of a single-year class 
                        will complete their life cycle in less than 18 
                        months; and
                          ``(ii) fishing mortality will have little 
                        impact on the stock.
          ``(3) Relationship to international fishery efforts.--Each 
        annual catch limit may, consistent with section 302(h)(6), take 
        into account--
                  ``(A) management measures under international 
                agreements in which the United States participates;
                  ``(B) informal transboundary agreements under which 
                fishery management activities by another country 
                outside the exclusive economic zone may hinder 
                conservation efforts by United States fishermen for a 
                fish species for which any of the recruitment, 
                distribution, life history, or fishing activities are 
                transboundary; and
                  ``(C) in instances in which no transboundary 
                agreement exists, activities by another country outside 
                the exclusive economic zone that may hinder 
                conservation efforts by United States fisherman for a 
                fish species for which any of the recruitment, 
                distribution, life history, or fishing activities are 
                transboundary.
          ``(4) Authorization for multispecies complexes and multiyear 
        annual catch limits.--For purposes of subsection (h)(6), a 
        Council may establish--
                  ``(A) an annual catch limit for a stock complex; or
                  ``(B) annual catch limits for each year in any 
                continuous period that is not more than three years in 
                duration.
          ``(5) Ecosystem component species defined.--In this 
        subsection the term `ecosystem component species' means a stock 
        of fish that is a nontarget, incidentally harvested stock of 
        fish in a fishery, or a nontarget, incidentally harvested stock 
        of fish that a Council or the Secretary has determined--
                  ``(A) is not subject to overfishing, approaching a 
                depleted condition or depleted; and
                  ``(B) is not likely to become subject to overfishing 
                or depleted in the absence of conservation and 
                management measures.''.

SEC. 6. DISTINGUISHING BETWEEN OVERFISHED AND DEPLETED.

  (a) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
          (1) in paragraph (34), by striking ``The terms `overfishing' 
        and `overfished' mean'' and inserting ``The term `overfishing' 
        means''; and
          (2) by inserting after paragraph (8) the following:
          ``(8a) The term `depleted' means, with respect to a stock of 
        fish or stock complex, that the stock or stock complex has a 
        biomass that has declined below a level that jeopardizes the 
        capacity of the stock or stock complex to produce maximum 
        sustainable yield on a continuing basis.''.
  (b) Substitution of Term.--The Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) is amended--
          (1) in the heading of section 304(e), by striking 
        ``Overfished'' and inserting ``Depleted''; and
          (2) by striking ``overfished'' each place it appears and 
        inserting ``depleted''.
  (c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C. 
1854(e)(1)) is amended by adding at the end the following: ``The report 
shall distinguish between fisheries that are depleted (or approaching 
that condition) as a result of fishing and fisheries that are depleted 
(or approaching that condition) as a result of factors other than 
fishing. The report shall state, for each fishery identified as 
depleted or approaching that condition, whether the fishery is the 
target of directed fishing.''.

SEC. 7. TRANSPARENCY AND PUBLIC PROCESS.

  (a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is 
amended by adding at the end the following: ``Each scientific and 
statistical committee shall develop such advice in a transparent manner 
and allow for public involvement in the process.''.
  (b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by 
adding at the end the following:
          ``(G) Each Council shall make available on the Internet Web 
        site of the Council--
                  ``(i) to the extent practicable, a Webcast, an audio 
                recording, or a live broadcast of each meeting of the 
                Council, and of the Council Coordination Committee 
                established under subsection (l), that is not closed in 
                accordance with paragraph (3); and
                  ``(ii) audio, video (if the meeting was in person or 
                by video conference), or a searchable audio or written 
                transcript of each meeting of the Council and of the 
                meetings of committees referred to in section 
                302(g)(1)(B) of the Council by not later than 30 days 
                after the conclusion of the meeting.
          ``(H) The Secretary shall maintain and make available to the 
        public an archive of Council and scientific and statistical 
        committee meeting audios, videos, and transcripts made 
        available under clauses (i) and (ii) of subparagraph (G).''.
  (c) Fishery Impact Statements.--
          (1) Requirement.--Section 303 (16 U.S.C. 1853) is amended--
                  (A) in subsection (a), by striking paragraph (9) and 
                redesignating paragraphs (10) through (15) as 
                paragraphs (9) through (14), respectively; and
                  (B) by adding at the end the following:
  ``(d) Fishery Impact Statement.--
          ``(1) Any fishery management plan (or fishery management plan 
        amendment) prepared by any Council or by the Secretary pursuant 
        to subsection (a) or (b), or proposed regulations deemed 
        necessary pursuant to subsection (c), shall include a fishery 
        impact statement which shall assess, specify and analyze the 
        likely effects and impact of the proposed action on the quality 
        of the human environment.
          ``(2) The fishery impact statement shall describe--
                  ``(A) a purpose of the proposed action;
                  ``(B) the environmental impact of the proposed 
                action;
                  ``(C) any adverse environmental effects which cannot 
                be avoided should the proposed action be implemented;
                  ``(D) a reasonable range of alternatives to the 
                proposed action;
                  ``(E) the relationship between short-term use of 
                fishery resources and the enhancement of long-term 
                productivity;
                  ``(F) the cumulative conservation and management 
                effects; and
                  ``(G) economic, and social impacts of the proposed 
                action on--
                          ``(i) participants in the fisheries and 
                        fishing communities affected by the proposed 
                        action;
                          ``(ii) participants in the fisheries 
                        conducted in adjacent areas under the authority 
                        of another Council, after consultation with 
                        such Council and representatives of those 
                        participants; and
                          ``(iii) the safety of human life at sea, 
                        including whether and to what extent such 
                        measures may affect the safety of participants 
                        in the fishery.
          ``(3) A substantially complete fishery impact statement, 
        which may be in draft form, shall be available not less than 14 
        days before the beginning of the meeting at which a Council 
        makes its final decision on the proposal (for plans, plan 
        amendments, or proposed regulations prepared by a Council 
        pursuant to subsection (a) or (c)). Availability of this 
        fishery impact statement will be announced by the methods used 
        by the council to disseminate public information and the public 
        and relevant government agencies will be invited to comment on 
        the fishery impact statement.
          ``(4) The completed fishery impact statement shall accompany 
        the transmittal of a fishery management plan or plan amendment 
        as specified in section 304(a), as well as the transmittal of 
        proposed regulations as specified in section 304(b).
          ``(5) The Councils shall, subject to approval by the 
        Secretary, establish criteria to determine actions or classes 
        of action of minor significance regarding subparagraphs (A), 
        (B), (D), (E), and (F) of paragraph (2), for which preparation 
        of a fishery impact statement is unnecessary and categorically 
        excluded from the requirements of this section, and the 
        documentation required to establish the exclusion.
          ``(6) The Councils shall, subject to approval by the 
        Secretary, prepare procedures for compliance with this section 
        that provide for timely, clear, and concise analysis that is 
        useful to decisionmakers and the public, reduce extraneous 
        paperwork and effectively involve the public, including--
                  ``(A) using Council meetings to determine the scope 
                of issues to be addressed and identifying significant 
                issues related to the proposed action;
                  ``(B) integration of the fishery impact statement 
                development process with preliminary and final Council 
                decisionmaking in a manner that provides opportunity 
                for comment from the public and relevant government 
                agencies prior to these decision points; and
                  ``(C) providing scientific, technical, and legal 
                advice at an early stage of the development of the 
                fishery impact statement to ensure timely transmittal 
                and Secretarial review of the proposed fishery 
                management plan, plan amendment, or regulations to the 
                Secretary.
          ``(7) Actions taken in accordance with this section are 
        deemed to fulfill the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        all related implementing regulations.''.
          (2) Evaluation of adequacy.--Section 304(a)(2) (16 U.S.C. 
        1854(a)(2)) is amended by striking ``and'' after the semicolon 
        at the end of subparagraph (B), striking the period at the end 
        of subparagraph (C) and inserting ``; and'', and by adding at 
        the end the following:
                  ``(D) evaluate the adequacy of the accompanying 
                fishery impact statement as basis for fully considering 
                the environmental impacts of implementing the fishery 
                management plan or plan amendment.''.
          (3) Review of regulations.--Section 304(b) (16 U.S.C. 
        1854(b)) is amended by striking so much as precedes 
        subparagraph (A) of paragraph (1) and inserting the following:
  ``(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. The Secretary shall also immediately 
        initiate an evaluation of the accompanying fishery impact 
        statement as a basis for fully considering the environmental 
        impacts of implementing the proposed regulations. Within 15 
        days of initiating such evaluation the Secretary shall make a 
        determination and--''.
          (4) Effect on time requirements.--Section 305(e) (16 U.S.C. 
        1855(e)) is amended by inserting ``the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the 
        Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.

SEC. 8. LIMITATION ON FUTURE CATCH SHARE PROGRAMS.

  (a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is amended by 
inserting after paragraph (2) the following:
          ``(2a) The term `catch share' means any fishery management 
        program that allocates a specific percentage of the total 
        allowable catch for a fishery, or a specific fishing area, to 
        an individual, cooperative, community, processor, 
        representative of a commercial sector, or regional fishery 
        association established in accordance with section 303A(c)(4), 
        or other entity.''.
  (b) Catch Share Referendum Pilot Program.--
          (1) In general.--Section 303A(c)(6)(D) (16 U.S.C. 
        1853a(c)(6)(D)) is amended to read as follows:
                  ``(D) Catch share referendum pilot program.--
                          ``(i) The New England, Mid-Atlantic, South 
                        Atlantic, and Gulf of Mexico Councils may not 
                        submit a fishery management plan or amendment 
                        that creates a catch share program for a 
                        fishery, and the Secretary may not approve or 
                        implement such a plan or amendment submitted by 
                        such a Council or a secretarial plan or 
                        amendment under section 304(c) that creates 
                        such a program, unless the final program has 
                        been approved, in a referendum in accordance 
                        with this subparagraph, by a majority of the 
                        permit holders eligible to participate in the 
                        fishery. For multispecies permits in the Gulf 
                        of Mexico, any permit holder with landings from 
                        within the sector of the fishery being 
                        considered for the catch share program within 
                        the 5-year period preceding the date of the 
                        referendum and still active in fishing in the 
                        fishery shall be eligible to participate in 
                        such a referendum. If a catch share program is 
                        not approved by the requisite number of permit 
                        holders, it may be revised and submitted for 
                        approval in a subsequent referendum.
                          ``(ii) The Secretary may, at the request of 
                        the New England Fishery Management Council, 
                        allow participation in such a referendum for a 
                        fishery under the Council's authority, by 
                        fishing vessel crewmembers who derive a 
                        significant portion of their livelihood from 
                        such fishing.
                          ``(iii) The Secretary shall conduct a 
                        referendum under this subparagraph, including 
                        notifying all permit holders eligible to 
                        participate in the referendum and making 
                        available to them--
                                  ``(I) a copy of the proposed program;
                                  ``(II) an estimate of the costs of 
                                the program, including costs to 
                                participants;
                                  ``(III) an estimate of the amount of 
                                fish or percentage of quota each permit 
                                holder would be allocated; and
                                  ``(IV) information concerning the 
                                schedule, procedures, and eligibility 
                                requirements for the referendum 
                                process.
                          ``(iv) For the purposes of this subparagraph, 
                        the term `permit holder eligible to 
                        participate' only includes the holder of a 
                        permit for a fishery under which fishing has 
                        occurred in 3 of the 5 years preceding a 
                        referendum for the fishery, unless sickness, 
                        injury, or other unavoidable hardship prevented 
                        the permit holder from engaging in such 
                        fishing.
                          ``(v) The Secretary may not implement any 
                        catch share program for any fishery managed 
                        exclusively by the Secretary unless first 
                        petitioned by a majority of those permit 
                        holders eligible to participate in the 
                        fishery.''.
          (2) Limitation on application.--The amendment made by 
        paragraph (1) shall not apply to a catch share program that is 
        submitted to, or proposed by, the Secretary of Commerce before 
        the date of enactment of this Act.
          (3) Regulations.--Before conducting a referendum under the 
        amendment made by paragraph (1), the Secretary of Commerce 
        shall issue regulations implementing such amendment after 
        providing an opportunity for submission by the public of 
        comments on the regulations.

SEC. 9. REPORT ON FEE.

  Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended by adding at the 
end the following:
          ``(D) The Secretary shall report annually on the amount 
        collected under this paragraph from each fishery and detail how 
        the funds were spent in the prior year on a fishery-by-fishery 
        basis, to--
                  ``(i) Congress; and
                  ``(ii) each Council from whose fisheries the fee 
                under this paragraph were collected.''.

SEC. 10. DATA COLLECTION AND DATA CONFIDENTIALITY.

  (a) Electronic Monitoring.--
          (1) Issuance of regulations.--
                  (A) Requirement.--The Secretary shall issue 
                regulations governing the use of electronic monitoring 
                for the purposes of monitoring fisheries that are 
                subject to the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1801 et seq.).
                  (B) Content.--The regulations shall--
                          (i) distinguish between monitoring for data 
                        collection and research purposes and monitoring 
                        for compliance and enforcement purposes; and
                          (ii) include minimum criteria, objectives, or 
                        performance standards for electronic 
                        monitoring.
                  (C) Process.--In issuing the regulations the 
                Secretary shall--
                          (i) consult with the Councils and fishery 
                        management commissions;
                          (ii) publish the proposed regulations; and
                          (iii) provide an opportunity for the 
                        submission by the public of comments on the 
                        proposed regulations.
          (2) Implementation of monitoring.--
                  (A) In general.--Subject to subparagraph (B), and 
                after the issuance of the final regulations, a Council, 
                or the Secretary for fisheries referred to in section 
                302(a)(3) of the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1852(a)(3)), may, in 
                accordance with the regulations, on a fishery-by-
                fishery basis and consistent with the existing 
                objectives and management goals of a fishery management 
                plan and the Act for a fishery issued by the Council or 
                the Secretary, respectively, amend such plan--
                          (i) to incorporate electronic monitoring as 
                        an alternative tool for data collection and 
                        monitoring purposes or for compliance and 
                        enforcement purposes (or both); and
                          (ii) to allow for the replacement of a 
                        percentage of on-board observers with 
                        electronic monitoring.
                  (B) Comparability.--Subparagraph (A) shall apply to a 
                fishery only if the Council or Secretary, respectively, 
                determines that such monitoring will yield comparable 
                data collection and compliance results.
          (3) Pilot projects.--Before the issuance of final 
        regulations, a Council, or the Secretary for fisheries referred 
        to in section 302(a)(3), may, subject to the requirements of 
        the Magnuson-Stevens Fishery Conservation and Management Act, 
        on a fishery-by-fishery basis, and consistent with the existing 
        objectives and management goals of a fishery management plan 
        for a fishery issued by the Council or the Secretary, 
        respectively, conduct a pilot project for the use of electronic 
        monitoring for the fishery.
          (4) Deadline.--The Secretary shall issue final regulations 
        under this subsection by not later than 12 months after the 
        date of enactment of this Act.
  (b) Video and Acoustic Survey Technologies.--The Secretary shall work 
with the Regional Fishery Management Councils and nongovernmental 
entities to develop and implement the use pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) of video survey technologies and expanded use of acoustic survey 
technologies.
  (c) Confidentiality of Information.--
          (1) In general.--Section 402(b) (16 U.S.C. 1881a(b)) is 
        amended--
                  (A) in paragraph (1)--
                          (i) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) to State or Marine Fisheries Commission 
                employees as necessary for achievement of the purposes 
                of this Act, subject to a confidentiality agreement 
                between the State or Commission, respectively, and the 
                Secretary that prohibits public disclosure of the 
                identity of any person and of confidential 
                information;'';
                          (ii) in subparagraph (E), by striking 
                        ``limited access'' and inserting ``catch 
                        share''; and
                          (iii) in subparagraph (G), by striking 
                        ``limited access'' and inserting ``catch 
                        share'';
                  (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                        by inserting ``, and information obtained 
                        through a vessel monitoring system or other 
                        technology used onboard a fishing vessel for 
                        enforcement or data collection purposes,'' 
                        after ``information'';
                          (ii) by striking ``or'' after the semicolon 
                        at the end of subparagraph (B); and
                          (iii) by striking subparagraph (C) and 
                        inserting the following:
                  ``(C) as authorized by any regulations issued under 
                paragraph (6) 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; or
                  ``(D) to other persons if the Secretary has obtained 
                written authorization from the person who submitted 
                such information or from the person on whose vessel the 
                information was collected, to release such information 
                for reasons not otherwise provided for in this 
                subsection.'';
                  (C) by redesignating paragraph (3) as paragraph (6); 
                and
                  (D) by inserting after paragraph (2) the following:
          ``(3) Any information submitted to the Secretary, a State 
        fisheries management agency, or a Marine Fisheries Commission 
        by any person in compliance with the requirements of this Act, 
        including confidential information, may only be used for 
        purposes of fisheries management and monitoring and enforcement 
        under this Act.
          ``(4) The Secretary may enter into a memorandum of 
        understanding with the heads of other Federal agencies for the 
        sharing of confidential information to ensure safety of life at 
        sea or for fisheries enforcement purposes, including 
        information obtained through a vessel monitoring system or 
        other electronic enforcement and monitoring systems, if--
                  ``(A) the Secretary determines there is a compelling 
                need to do so; and
                  ``(B) the heads of the other Federal agencies agree--
                          ``(i) to maintain the confidentiality of the 
                        information in accordance with the requirements 
                        that apply to the Secretary under this section; 
                        and
                          ``(ii) to use the information only for the 
                        purposes for which it was shared with the 
                        agencies.
          ``(5) The Secretary may not provide any vessel-specific or 
        aggregate vessel information from a fishery that is collected 
        for monitoring and enforcement purposes to any person for the 
        purposes of coastal and marine spatial planning under Executive 
        Order 13547, unless the Secretary determines that providing 
        such information is important for maintaining or enhancing 
        national security or for ensuring fishermen continued access to 
        fishing grounds.''.
          (2) Confidential information defined.--Section 3 (16 U.S.C. 
        1802) is further amended by inserting after paragraph (4) the 
        following:
          ``(4a) The term `confidential information' means--
                  ``(A) trade secrets;
                  ``(B) proprietary information;
                  ``(C) observer information; and
                  ``(D) commercial or financial information the 
                disclosure of which is likely to result in harm to the 
                competitive position of the person that submitted the 
                information to the Secretary.''.
  (d) Increased Data Collection and Actions To Address Data-Poor 
Fisheries.--Section 404 (16 U.S.C. 1881c) is amended by adding at the 
end the following:
  ``(e) Use of the Asset Forfeiture Fund for Fishery Independent Data 
Collection.--
          ``(1) In general.--
                  ``(A) The Secretary, subject to appropriations, may 
                obligate for data collection purposes in accordance 
                with prioritizations under paragraph (3) a portion of 
                amounts received by the United States as fisheries 
                enforcement penalties.
                  ``(B) Amounts may be obligated under this paragraph 
                only in the fishery management region with respect to 
                which they are collected.
          ``(2) Included purposes.--The purposes referred to in 
        paragraph (1) include--
                  ``(A) the use of State personnel and resources, 
                including fishery survey vessels owned and maintained 
                by States to survey or assess data-poor fisheries for 
                which fishery management plans are in effect under this 
                Act; and
                  ``(B) cooperative research activities authorized 
                under section 318 to improve or enhance the fishery 
                independent data used in fishery stock assessments.
          ``(3) Data-poor fisheries priority lists.--Each Council 
        shall--
                  ``(A) identify those fisheries in its region 
                considered to be data-poor fisheries;
                  ``(B) prioritize those fisheries based on the need of 
                each fishery for up-to-date information; and
                  ``(C) provide those priorities to the Secretary.
          ``(4) Definitions.--In this subsection:
                  ``(A) The term `data-poor fishery' means a fishery--
                          ``(i) that has not been surveyed in the 
                        preceding 5-year period;
                          ``(ii) for which a fishery stock assessment 
                        has not been performed within the preceding 5-
                        year period; or
                          ``(iii) for which limited information on the 
                        status of the fishery is available for 
                        management purposes.
                  ``(B) The term `fisheries enforcement penalties' 
                means any fine or penalty imposed, or proceeds of any 
                property seized, for a violation of this Act or of any 
                other marine resource law enforced by the Secretary.
          ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary for each fiscal year to 
        carry out this subsection up to 80 percent of the fisheries 
        enforcement penalties collected during the preceding fiscal 
        year.''.

SEC. 11. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

  Section 318 (16 U.S.C. 1867) is amended--
          (1) in subsection (a), by inserting ``(1)'' before the first 
        sentence, and by adding at the end the following:
  ``(2) Within one year after the date of enactment of the 
Strengthening Fishing Communities and Increasing Flexibility in 
Fisheries Management Act, and after consultation with the Councils, the 
Secretary shall publish a plan for implementing and conducting the 
program established in paragraph (1). Such plan shall identify and 
describe critical regional fishery management and research needs, 
possible projects that may address those needs, and estimated costs for 
such projects. The plan shall be revised and updated every 5 years, and 
updated plans shall include a brief description of projects that were 
funded in the prior 5-year period and the research and management needs 
that were addressed by those projects.''; and
          (2) in subsection (c)--
                  (A) in the heading, by striking ``Funding'' and 
                inserting ``Priorities''; and
                  (B) in paragraph (1), by striking all after 
                ``including'' and inserting an em dash, followed on the 
                next line by the following:
                  ``(A) the use of fishing vessels or acoustic or other 
                marine technology;
                  ``(B) expanding the use of electronic catch reporting 
                programs and technology; and
                  ``(C) improving monitoring and observer coverage 
                through the expanded use of electronic monitoring 
                devices.''.

SEC. 12. COUNCIL JURISDICTION FOR OVERLAPPING FISHERIES.

  Section 302(a)(1) (16 U.S.C. 1852(a)) is amended--
          (1) in subparagraph (A), in the second sentence--
                  (A) by striking ``18'' and inserting ``19''; and
                  (B) by inserting before the period at the end ``and a 
                liaison who is a member of the Mid-Atlantic Fishery 
                Management Council to represent the interests of 
                fisheries under the jurisdiction of such Council''; and
          (2) in subparagraph (B), in the second sentence--
                  (A) by striking ``21'' and inserting ``22''; and
                  (B) by inserting before the period at the end ``and a 
                liaison who is a member of the New England Fishery 
                Management Council to represent the interests of 
                fisheries under the jurisdiction of such Council''.

SEC. 13. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND RED SNAPPER 
                    MANAGEMENT.

  (a) Repeal.--Section 407 (16 U.S.C. 1883), and the item relating to 
such section in the table of contents in the first section, are 
repealed.
  (b) Reporting and Data Collection Program.--The Secretary of Commerce 
shall--
          (1) in conjunction with the States, the Gulf of Mexico 
        Fishery Management Council, and the recreational fishing 
        sectors, develop and implement a real-time reporting and data 
        collection program for the Gulf of Mexico red snapper fishery 
        using available technology; and
          (2) make implementation of this subsection a priority for 
        funds received by the Secretary and allocated to this region 
        under section 2 of the Act of August 11, 1939 (commonly known 
        as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3).
  (c) Fisheries Cooperative Research Program.--The Secretary of 
Commerce--
          (1) shall, in conjunction with the States, the Gulf States 
        Marine Fisheries Commission and the Atlantic States Marine 
        Fisheries Commission, the Gulf of Mexico and South Atlantic 
        Fishery Management Councils, and the commercial, charter, and 
        recreational fishing sectors, develop and implement a 
        cooperative research program authorized under section 318 for 
        the fisheries of the Gulf of Mexico and South Atlantic regions, 
        giving priority to those fisheries that are considered data-
        poor; and
          (2) may, subject to the availability of appropriations, use 
        funds received by the Secretary under section 2 of the Act of 
        August 11, 1939 (commonly known as the ``Saltonstall-Kennedy 
        Act'') (15 U.S.C. 713c-3) to implement this subsection.
  (d) Stock Surveys and Stock Assessments.--The Secretary of Commerce, 
acting through the National Marine Fisheries Service Regional 
Administrator of the Southeast Regional Office, shall for purposes of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.)--
          (1) develop a schedule of stock surveys and stock assessments 
        for the Gulf of Mexico Region and the South Atlantic Region for 
        the 5-year period beginning on the date of the enactment of 
        this Act and for every 5-year period thereafter;
          (2) direct the Southeast Science Center Director to implement 
        such schedule; and
          (3) in such development and implementation--
                  (A) give priority to those stocks that are 
                commercially or recreationally important; and
                  (B) ensure that each such important stock is surveyed 
                at least every 5 years.
  (e) Use of Fisheries Information in Stock Assessments.--The Southeast 
Science Center Director shall ensure that fisheries information made 
available through fisheries programs funded under Public Law 112-141 is 
incorporated as soon as possible into any fisheries stock assessments 
conducted after the date of the enactment of this Act.
  (f) State Fisheries Management in the Gulf of Mexico With Respect to 
Red Snapper.--Section 306(b) (16 U.S.C. 1856(b)) is amended by adding 
at the end the following:
  ``(4) Notwithstanding section 3(11), for the purposes of managing the 
recreational sector of the Gulf of Mexico red snapper fishery, the 
seaward boundary of a coastal State in the Gulf of Mexico is a line 9 
miles seaward from the baseline from which the territorial sea of the 
United States is measured.''.
  (g) Funding of Stock Assessments.--The Secretary of Commerce and the 
Secretary of the Interior, acting through the Bureau of Ocean Energy 
Management, shall enter into a cooperative agreement for the funding of 
stock assessments that are necessitated by any action by the Bureau 
with respect to offshore oil rigs in the Gulf of Mexico that adversely 
impacts red snapper.

SEC. 14. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION.

  Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended--
          (1) by striking ``was no'' and inserting ``is no''; and
          (2) by striking ``on August 1, 1996''.

SEC. 15. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES THROUGHOUT THEIR 
                    RANGE.

  (a) In General.--The Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) is amended by inserting after 
section 4 the following:

``SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER CERTAIN OTHER 
                    FEDERAL LAWS.

  ``(a) National Marine Sanctuaries Act and Antiquities Act of 1906.--
In any case of a conflict between this Act and the National Marine 
Sanctuaries Act (16 U.S.C. 1431 et seq.) or the Antiquities Act of 1906 
(16 U.S.C. 431 et seq.), this Act shall control.
  ``(b) Fisheries Restrictions Under Endangered Species Act of 1973.--
To ensure transparency and consistent management of fisheries 
throughout their range, any restriction on the management of fish in 
the exclusive economic zone that is necessary to implement a recovery 
plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
shall be implemented--
          ``(1) using authority under this Act; and
          ``(2) in accordance with processes and time schedules 
        required under this Act.''.
  (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 3 the 
following:

``Sec. 4. Authorization of appropriations.
``Sec. 5. Ensuring consistent fisheries management under certain other 
Federal laws.''.

SEC. 16. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED POLLOCK 
                    FISHERY.

  Section 210(e)(1) of the American Fisheries Act (title II of division 
C of Public Law 105-277; 16 U.S.C. 1851 note) is amended to read as 
follows:
          ``(1) Harvesting.--
                  ``(A) Limitation.--No particular individual, 
                corporation, or other entity may harvest, through a 
                fishery cooperative or otherwise, a percentage of the 
                pollock available to be harvested in the directed 
                pollock fishery that exceeds the percentage established 
                for purposes of this paragraph by the North Pacific 
                Council.
                  ``(B) Maximum percentage.--The percentage established 
                by the North Pacific Council shall not exceed 24 
                percent of the pollock available to be harvested in the 
                directed pollock fishery.''.

SEC. 17. RECREATIONAL FISHING DATA.

  (a) Recreational Data Collection.--Section 401(g) (16 U.S.C. 1881(g)) 
is amended by redesignating paragraph (4) as paragraph (5), and by 
inserting after paragraph (3) the following:
          ``(4) Federal-state partnerships.--
                  ``(A) Establishment.--The Secretary shall establish 
                partnerships with States to develop best practices for 
                implementation of State programs established pursuant 
                to paragraph (2).
                  ``(B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that details 
                best practices for administering State programs 
                pursuant to paragraph (2), and provide such guidance to 
                the States.
                  ``(C) Biennial report.--The Secretary shall submit to 
                the Congress and publish biennial reports that 
                include--
                          ``(i) the estimated accuracy of the registry 
                        program established under paragraph (1) and of 
                        State programs that are exempted under 
                        paragraph (2);
                          ``(ii) priorities for improving recreational 
                        fishing data collection; and
                          ``(iii) an explanation of any use of 
                        information collected by such State programs 
                        and by the Secretary, including a description 
                        of any consideration given to the information 
                        by the Secretary.
                  ``(D) States grant program.--The Secretary shall make 
                grants to States to improve implementation of State 
                programs consistent with this subsection. The Secretary 
                shall prioritize such grants based on the ability of 
                the grant to improve the quality and accuracy of such 
                programs.''.
  (b) Study on Recreational Fisheries Data.--Section 401(g) (16 U.S.C. 
1881(g)) is further amended by adding at the end the following:
          ``(6) Study on program implementation.--
                  ``(A) In general.--Not later than 60 days after the 
                enactment of this paragraph, the Secretary shall enter 
                into an agreement with the National Research Council of 
                the National Academy of Sciences to study the 
                implementation of the programs described in this 
                section. The study shall--
                          ``(i) provide an updated assessment of 
                        recreational survey methods established or 
                        improved since the publication of the Council's 
                        report `Review of Recreational Fisheries Survey 
                        Methods (2006)';
                          ``(ii) evaluate the extent to which the 
                        recommendations made in that report were 
                        implemented pursuant to paragraph (3)(B); and
                          ``(iii) examine any limitations of the Marine 
                        Recreational Fishery Statistics Survey and the 
                        Marine Recreational Information Program 
                        established under paragraph (1).
                  ``(B) Report.--Not later than 1 year after entering 
                into an agreement under subparagraph (A), the Secretary 
                shall submit a report to Congress on the results of the 
                study under subparagraph (A).''.

SEC. 18. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
                    MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

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

``SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
                    MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

  ``(a) In General.--The Gulf States Marine Fisheries Commission shall 
conduct all fishery stock assessments used for management purposes by 
the Gulf of Mexico Fishery Management Council for the fisheries managed 
under the Council's Reef Fish Management Plan.
  ``(b) Use of Other Information and Assets.--
          ``(1) In general.--Such fishery assessments shall--
                  ``(A) incorporate fisheries survey information 
                collected by university researchers; and
                  ``(B) to the extent practicable, use State, 
                university, and private assets to conduct fisheries 
                surveys.
          ``(2) Surveys at artificial reefs.--Any such fishery stock 
        assessment conducted after the date of the enactment of the 
        Strengthening Fishing Communities and Increasing Flexibility in 
        Fisheries Management Act shall incorporate fishery surveys 
        conducted, and other relevant fisheries information collected, 
        on and around natural and artificial reefs.
  ``(c) Constituent and Stakeholder Participation.--Each such fishery 
assessment shall--
          ``(1) emphasize constituent and stakeholder participation in 
        the development of the assessment;
          ``(2) contain all of the raw data used in the assessment and 
        a description of the methods used to collect that data; and
          ``(3) employ an assessment process that is transparent and 
        includes--
                  ``(A) includes a rigorous and independent scientific 
                review of the completed fishery stock assessment; and
                  ``(B) a panel of independent experts to review the 
                data and assessment and make recommendations on the 
                most appropriate values of critical population and 
                management quantities.''.
  (b) Clerical Amendment.--The table of contents in the first section 
is amended by adding at the end of the items relating to title IV the 
following:

``Sec. 408. Deep sea coral research and technology program.
``Sec. 409. Stock assessments used for fisheries managed under Gulf of 
Mexico Council's Reef Fish Management Plan.''.

SEC. 19. ESTIMATION OF COST OF RECOVERY FROM FISHERY RESOURCE DISASTER.

  Section 312(a)(1) (16 U.S.C. 1861a(1)) is amended--
          (1) by inserting ``(A)'' after ``(1)'';
          (2) by redesignating existing subparagraphs (A) through (C) 
        as clauses (i) through (iii), respectively, of subparagraph (A) 
        (as designated by the amendment made by paragraph (1)); and
          (3) by adding at the end the following:
  ``(B) The Secretary shall publish the estimated cost of recovery from 
a fishery resource disaster no later than 30 days after the Secretary 
makes the determination under subparagraph (A) with respect to such 
disaster.''.

SEC. 20. DEADLINE FOR ACTION ON REQUEST BY GOVERNOR FOR DETERMINATION 
                    REGARDING FISHERY RESOURCE DISASTER.

  Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating 
paragraphs (2) through (4) as paragraphs (3) through (5), and by 
inserting after paragraph (1) the following:
  ``(2) The Secretary shall make a decision regarding a request from a 
Governor under paragraph (1) within 90 days after receiving an estimate 
of the economic impact of the fishery resource disaster from the entity 
requesting the relief.''.

SEC. 21. PROHIBITION ON CONSIDERING RED SNAPPER KILLED DURING REMOVAL 
                    OF OIL RIGS.

  Any red snapper that are killed during the removal of any offshore 
oil rig in the Gulf of Mexico shall not be considered in determining 
under the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) whether the total allowable catch for red snapper 
has been reached.

SEC. 22. PROHIBITION ON CONSIDERING FISH SEIZED FROM FOREIGN FISHING.

  Any fish that are seized from a foreign vessel engaged in illegal 
fishing activities in the Exclusive Economic Zone shall not be 
considered in determining under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) the total 
allowable catch for that fishery.

SEC. 23. SUBSISTENCE FISHING.

  (a) Definition.--Section 3 (16 U.S.C. 1802) is amended by inserting 
after paragraph (43) the following:
          ``(43a)(A) The term `subsistence fishing' means fishing in 
        which the fish harvested are intended for customary and 
        traditional uses, including for direct personal or family 
        consumption as food or clothing; for the making or selling of 
        handicraft articles out of nonedible byproducts taken for 
        personal or family consumption, for barter, or sharing for 
        personal or family consumption; and for customary trade.
          ``(B) In this paragraph--
                  ``(i) the term `family' means all persons related by 
                blood, marriage, or adoption, or any person living 
                within the household on a permanent basis; and
                  ``(ii) the term `barter' means the exchange of a fish 
                or fish part--
                          ``(I) for another fish or fish part; or
                          ``(II) for other food or for nonedible items 
                        other than money if the exchange is of a 
                        limited and noncommercial nature.''.
  (b) Council Seat.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is 
amended--
          (1) in subparagraph (A), by striking ``or recreational'' and 
        inserting ``, recreational, or subsistence fishing''; and
          (2) in subparagraph (C), in the second sentence, by inserting 
        ``, and in the case of the Governor of Alaska with the 
        subsistence fishing interests of the State,'' after ``interests 
        of the State''.
  (c) Purpose.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by 
striking ``and recreational'' and inserting ``, recreational, and 
subsistence''.

SEC. 24. INTER-SECTOR TRADING OF COMMERCIAL CATCH SHARE ALLOCATIONS IN 
                    THE GULF OF MEXICO.

  Section 301 (16 U.S.C. 1851) is amended by adding at the end the 
following:
  ``(c) Inter-Sector Trading of Commercial Catch Share Allocations in 
the Gulf of Mexico.--Notwithstanding any other provision of this Act, 
any commercial fishing catch share allocation in a fishery in the Gulf 
of Mexico may only be traded by sale or lease within the same 
commercial fishing sector.''.

SEC. 25. ARCTIC COMMUNITY DEVELOPMENT QUOTA.

  Section 313 (16 U.S.C. 1862) is amended by adding at the end the 
following:
  ``(k) Arctic Community Development Quota.--If the North Pacific 
Fishery Management Council issues a fishery management plan for the 
exclusive economic zone in the Arctic Ocean, or an amendment to the 
Fishery Management Plan for Fish Resources of the Arctic Management 
Area issued by such Council, that makes available to commercial 
fishing, and establishes a sustainable harvest level, for any part of 
such zone, the Council shall set aside not less than 10 percent of the 
total allowable catch therein as a community development quota for 
coastal villages located north and east of the Bering Strait.''.

SEC. 26. PREFERENCE FOR STUDENTS STUDYING WATER RESOURCE ISSUES.

  Section 402(e) (16 U.S.C. 1881a(e)) is amended by adding at the end 
the following:
  ``(4) The Secretary shall require that in the hiring of individuals 
to collect information regarding marine recreational fishing under this 
subsection, preference shall be given to individuals who are students 
studying water resource issues at an institution of higher 
education.''.

SEC. 27. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF 
                    MEXICO MIXED-USE FISHERIES.

  (a) Study of Allocations in Mixed-use Fisheries.--Not later than 60 
days after the date of the enactment of this Act, the Secretary of 
Commerce shall enter into an arrangement with the National Academy of 
Sciences to conduct a study of the South Atlantic and Gulf of Mexico 
mixed-use fisheries--
          (1) to provide guidance to Regional Fishery Management 
        Councils established under section 302 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1852) on 
        criteria that could be used for allocating fishing privileges, 
        including consideration of the conservation and socioeconomic 
        benefits of the commercial, recreational, and charter 
        components of a fishery, in the preparation of a fishery 
        management plan under that Act;
          (2) to identify sources of information that could reasonably 
        support the use of such criteria in allocation decisions; and
          (3) to develop procedures for allocation reviews and 
        potential adjustments in allocations based on the guidelines 
        and requirements established by this section.
  (b) Process for Allocation Review and Establishment.--The South 
Atlantic Fishery Management Council and the Gulf of Mexico Fishery 
Management Council shall--
          (1) within 2 years after the date of the enactment of this 
        Act, review the allocations of all mixed-use fisheries in the 
        Councils' respective jurisdictions; and
          (2) every 3 years thereafter, perform subsequent reviews of 
        such allocations; and
          (3) consider the conservation and socioeconomic benefits of 
        each sector in any allocation decisions for such fisheries.

SEC. 28. AUTHORIZATION OF APPROPRIATIONS.

  Section 4 (16 U.S.C. 1803) is amended--
          (1) by striking ``this Act'' and all that follows through 
        ``(7)'' and inserting ``this Act''; and
          (2) by striking ``fiscal year 2013'' and inserting ``each of 
        fiscal years 2015 through 2019''.

                          Purpose of the Bill

    The purpose of H.R. 1335 is to amend the Magnuson-Stevens 
Fishery Conservation and Management Act to provide flexibility 
for fishery management and stability for fishermen.

                  Background and Need for Legislation

    According to a Department of Commerce report, in 2012 the 
U.S. seafood industry had a sales impact of $141 billion, $59 
billion in value-added impacts and supported approximately 1.3 
million jobs earning $39 billion in income. U.S. commercial 
fishermen directly contributed to these impacts with 9.6 
billion pounds of fish and shellfish harvested, earning $5.1 
billion in revenue. Commercial fishermen support U.S. seafood 
processors, dealers, wholesalers, distributors, importers and 
retailers. Recreational saltwater anglers also contributed 
greatly to the economy in 2012, totaling 11 million anglers. 
These recreational anglers spent a total of $24.6 billion on 
trips and gear in 2012, generating $58 billion in sales impacts 
and supported 381,000 U.S. jobs.
    The Magnuson-Stevens Fishery and Conservation Management 
Act (MSA) was enacted in 1976 and since then, has been the 
primary law governing fisheries resources and fishing 
activities in federal waters. The Secretary of Commerce, 
working through the National Oceanic and Atmospheric 
Administration (NOAA), enforces the MSA.
    The original MSA created eight Regional Fisheries 
Management Councils charged with implementing the goals of MSA, 
in coordination with NOAA. This process of managing fisheries 
is accomplished through Council-based Fisheries Management 
Plans (FMPs) for each fishery. FMPs require scientific stock 
assessments of the fishery. Following the Council's development 
of an FMP, the Council forwards the plan to the Commerce 
Secretary for approval. If the plan is approved, the National 
Marine Fisheries Service (NMFS) within NOAA must then issue 
regulations to implement a plan.\1\
---------------------------------------------------------------------------
    \1\http://www.fisherycouncils.org/
---------------------------------------------------------------------------
    Congress reauthorized MSA in 1996 and 2006. In implementing 
the 2006 amendments, NOAA added layers of precaution when 
dealing with both scientific and management uncertainty, 
according to some.\2\ H.R. 1335 aims to improve the management 
process by affording regional fisheries managers the 
flexibility to manage stocks effectively and to better tailor 
management plans to the needs of their regions.
---------------------------------------------------------------------------
    \2\Testimony of Mr. Richard Robins, Jr. before the House Committee 
on Natural Resources, September 11, 2013
---------------------------------------------------------------------------
    Section 4 of H.R. 1335 aims to further improve fisheries 
science by basing fish stock rebuilding timeframes on that 
stock's biology rather than on an arbitrary, one-size-fits-all 
deadline. It does so specifically by: 1) removing the language 
requiring a 10-year time frame for rebuilding overfished/
depleted fisheries and replacing it with a requirement that the 
rebuilding timeframe be the time it would take for the fishery 
to rebuild without any fishing occurring plus one mean 
generation time; 2) allowing Councils to phase in rebuilding 
plans for highly dynamic fisheries over a three-year period to 
lessen the economic harm to fishing communities; 3) replacing 
the term ``possible'' with ``practicable'' in the requirement 
that rebuilding period ``be as short as possible''; and 4) 
allowing Councils to take into account environmental conditions 
and predator/prey relationships when developing rebuilding 
plans.
    Section 5 of the bill builds on this support for Councils 
by allowing them to consider changes in the ecosystem and the 
economic needs of the fishing communities when setting Annual 
Catch Limits (ACLs). This will allow flexibility but will not 
allow Councils to set ACLs at a level that allows overfishing. 
This section also adds a new exception to the requirement that 
Councils set an ACL for ``ecosystem component species''--those 
species of fish that are not targeted and are caught 
incidentally--as long as that stock of fish is not subject to 
overfishing and is not likely to become subject to overfishing. 
It also provides an exemption for those short-lived stocks of 
fish for which a single year class will complete its lifecycle 
in less than 18 months as long as fishing mortality will have 
little impact on the stock.
    Transparency and public oversight are key to ensuring that 
NMFS manages our nation's fisheries to the benefit of the 
stocks and our fishermen. Section 7 of the bill works to 
improve transparency in NMFS' science and management by 
requiring Scientific and Statistical Committees (SSCs) develop 
the scientific advice provided to the Councils in a transparent 
manner and to allow for public involvement in the process. This 
section also requires that each Council, to the extent 
practicable, provide a webcast, audio recording, or live 
broadcast of each Council meeting. This section also requires 
audio, video, searchable audio or a written transcript for each 
Council and SSC meeting on the Council's website not later than 
30 days after the conclusion of the meeting.
    Section 8 of H.R. 1335 brings stakeholders into the 
fisheries management process by creating a pilot project 
prohibiting the New England, Mid-Atlantic, South Atlantic, and 
Gulf of Mexico Councils from implementing any new catch share 
program unless it has been approved by an industry referendum 
vote. Any federal permit holder who has fished in at least 
three of the five years preceding the referendum--unless 
sickness, injury or other unavoidable hardship prevented the 
permit holder from fishing--would be eligible to vote in the 
referendum. Prior to any such referendum vote, the Secretary 
would be required to provide all eligible permit holders with a 
copy of the proposed program, an estimate of the costs of the 
program (including the costs to participants), and an estimate 
of the amount of fish or percentage of the quota each permit 
holder would be allocated. Outside of the four Councils 
referenced above, this section prevents the Secretary from 
implementing a catch share program for any federally managed 
fishery unless first petitioned by a majority of those eligible 
to participate in the fishery.
    An issue that is plaguing numerous fisheries around the 
nation is the lack of up-to-date data. Poor data results in 
regulatory decisions that can devastate fishing communities and 
further diminish NMFS' credibility. Section 10 of the bill 
works to improve data collection by requiring each Council to 
identify those fisheries that are considered data-poor in its 
region and prioritize those fisheries based on the need for up-
to-date information. Each Council is required to submit those 
priorities to the Secretary. The section also allows the 
Secretary to obligate up to 80 percent of the fishery fines and 
penalties collected under any marine resource law enforced by 
the Secretary to be used by states to survey or assess data-
poor fisheries for which a fishery management plan is in place, 
or for cooperative research activities to improve or enhance 
fishery independent data used in stock assessments. The funds 
obligated may only be used in the region where the fines and 
penalties were collected.
    With new, innovative technologies to monitor vessels and 
catch, new concerns have been raised surrounding data 
confidentiality, and this section takes several steps to 
address these new technologies while also protecting the 
privacy of fishermen. Section 10 specifically: 1) requires the 
Secretary to issue regulations governing the use of newly 
developed electronic monitoring technology, distinguishing 
between monitoring for data collection and for enforcement, and 
instructs the Secretary to provide an opportunity for public 
comment; 2) updates existing data confidentiality provisions by 
clarifying that that information submitted to the Secretary, a 
state fisheries management agency, or a Marine Fisheries 
Commission may only be used for the purposes of fisheries 
management, monitoring and enforcement, and that that observer 
information, information collected by a Vessel Monitoring 
System or other vessel tracking technology, or other on-board 
data collection or enforcement programs shall be considered 
confidential.
    With continued concerns about the Administration's 
implementation of its National Ocean Policy and marine spatial 
planning, the section also prohibits the Secretary from 
providing any vessel-specific or aggregate vessel information 
from a fishery for the use by any person for coastal and marine 
spatial planning under Executive Order 13547, unless the 
Secretary determines that providing such information is 
important for maintaining or enhancing national security or for 
ensuring fishermen continued access to fishing grounds.
    Cooperative research and management together have the 
benefits of building trust between fishermen and the government 
and lowering data collection costs. Section 11 of the bill 
expedites the implementation of cooperative research and 
management program by requiring the Secretary to publish a plan 
for implementing and conducting the program. The plan should 
identify and describe critical regional fishery management and 
research needs, possible projects to address the identified 
needs, and the estimated costs for such projects.
    The Gulf of Mexico Red Snapper is a stock that has become 
the poster child for poor data and management by NMFS. H.R. 
1335 makes several revisions, in sections 13, 18, and 21 of the 
bill, to the research and management of this species in the 
Gulf. Section 13 specifically requires the Secretary--in 
conjunction with the Gulf States, the Gulf of Mexico Council, 
and the charter and recreational fishing sectors--to develop 
and implement a real-time reporting and data collection program 
for the Gulf of Mexico Red Snapper fishery using available 
technology and a cooperative research program for fisheries in 
the Gulf of Mexico and the South Atlantic regions giving 
priority to those fisheries that are considered data poor.
    The section further improves the data collection of stocks 
in the Gulf of Mexico by requiring the Secretary to develop a 
schedule of stock surveys and stock assessments for the five-
year period beginning on the date of enactment and for every 
five-year period thereafter, giving priority to those stocks 
that are commercially or recreationally important and ensuring 
that each important stock is surveyed at least once every five 
years. The section also corrects a discrepancy between 
management of Red Snapper by the Gulf States by extending state 
management out to nine nautical miles for the recreational 
sector of the Gulf of Mexico Red Snapper fishery.
    Section 18 requires the Gulf States, acting through the 
Gulf States Marine Fisheries Commission, to act as the entity 
responsible for providing the stock assessment information for 
the Gulf of Mexico Fishery Management Council for fisheries 
managed under the Reef Fish Plan. This section requires that 
the stock assessments incorporate fisheries survey information 
collected by university researchers and, to the extent 
practicable, use state, university, and private assets to 
conduct fisheries surveys.
    Section 21 works to ensure that fishermen are not adversely 
impacted by Red Snapper mortality outside of their control. 
This section prohibits the Secretary from counting Red Snapper 
mortality that is a result of the removal of offshore oil rigs 
against the total allowable catch of that fish and from 
counting those fish toward the quota for U.S. fishermen for the 
purposes of closing the fishery when the quota has been 
reached.
    Many of the provisions in H.R. 1335 result in greater 
flexibility for Councils to manage to the needs of their 
region. Section 16 allows the North Pacific Council to change 
the harvest limitation under the American Fisheries Act for 
entities engaged in the directed Pollock fishery as long as 
that percentage does not exceed 24 percent.
    According to a recent NOAA report, roughly 12 million 
recreational anglers took saltwater fishing trips in the U.S. 
annually from 2003-2012. An industry that supported 381,000 
American jobs in 2012, the recreational saltwater fishing 
industry is a significant economic player. To address the 
growth of this industry, H.R. 1335 takes several steps to 
improve the collection of recreational fishing data to improve 
management and ensure maximum access to our marine resources by 
the recreational industry.
    Section 17 improves recreational fishing data collection by 
NMFS by: 1) requiring the Secretary to establish partnerships 
with states to develop best practices for implementing state 
recreational fisheries programs and to develop guidance that 
detail best practices for administering state programs; 2) 
requiring a grant program to states to improve implementation 
of state recreational data collection programs and requiring 
the Secretary to prioritize the grants based on the ability of 
the grant to improve the quality and accuracy of the data 
collection programs; and 3) requiring the Secretary to enter 
into an agreement with the National Research Council (NRC) to 
study the implementation of the existing recreational data 
collection programs. The study must provide an updated 
assessment of recreational survey methods, an evaluation of the 
extent to which the 2006 NRC's recommendations have been 
implemented, and an examination of any limitations to the 
previous and current NOAA recreational data collection 
programs.
    Illegal, unreported, and unregulated fishing is an 
international problem with significant domestic impacts. 
Section 22 prohibits the Secretary from counting any fish 
seized from a foreign vessel engaging in illegal fishing in the 
U.S. Exclusive Economic Zone against the total allowable catch 
for U.S. fishermen.
    Section 23 of the bill defines ``subsistence fishing'' and 
requires the Governor of Alaska, when submitting nominations 
for the North Pacific Council, to consult with subsistence 
fishing interests of the State. In addition, this section adds 
the knowledge of subsistence fishing as a qualification that 
could be required of Council appointees.

                            Committee Action

    H.R. 1335 was introduced on March 4, 2015, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Power and Oceans. On April 29, 2015, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
on Water, Power and Oceans was discharged by unanimous consent. 
On April 30, 2015, the Natural Resources Committee resumed 
consideration of the bill. Congressman Thomas MacArthur (R-NJ) 
offered an amendment designated 014; it was adopted by voice 
vote. Congressman Robert J. Wittman (R-VA) offered and withdrew 
an amendment designated 013. Congressman Jeff Duncan (R-SC) 
offered an amendment designated 018; it was adopted by voice 
vote. Congressman Don Young (R-AK) offered an en bloc amendment 
designated 053; it was adopted by voice vote. Congresswoman 
Lois Capps (D-CA) offered an amendment designated 003; it was 
not adopted by voice vote. Congresswoman Debbie Dingell (D-MI) 
offered an amendment designated 008; it was not adopted by 
voice vote. Congressman Alan S. Lowenthal (D-CA) offered an 
amendment designated 005; it was not adopted by a bipartisan 
roll call vote of 12 yeas and 22 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Garret Graves (R-LA) offered an amendment; it 
was not adopted by a bipartisan roll call vote of 16 yeas and 
22 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Donald S. Beyer, Jr. (D-VA) offered an 
amendment designated 001; it was not adopted by a roll call 
vote of 15 yeas and 21 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Jared Huffman (D-CA) offered an amendment in 
the nature of a substitute designated 007; it was not adopted 
by voice vote. No further amendments were offered, and the 
bill, as amended, was ordered favorably reported to the House 
of Representatives by a roll call vote of 21 yeas and 14 nays, 
as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the advisory committees reauthorized in 
this bill are not currently being nor could they be performed 
by one or more agencies.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1335--Strengthening Fishing Communities and Increasing Flexibility 
        in Fisheries Management Act

    Summary: H.R. 1335 would amend and reauthorize the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA) 
and authorize the appropriation of $1.6 billion through 2019 to 
carry out that act. The bill also would require the Secretary 
of Commerce to request that the National Academy of Sciences 
conduct a study of certain mixed-use fisheries.
    CBO estimates that implementing H.R. 1335 would cost $1.5 
billion over the 2016-2020 period and $72 million after 2020, 
assuming appropriation of the authorized and necessary amounts. 
Enacting the bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 1335 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would benefit states by reauthorizing a number of programs 
that support fish conservation and management activities. Any 
costs states incur would result from complying with conditions 
of receiving federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 1335 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2016      2017      2018      2019      2020    2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Magnuson-Stevens Act:
    Authorization Level............................       397       397       397       397         0      1,588
    Estimated Outlays..............................       258       337       385       397       139      1,516
Study of Mixed-use Fisheries:
    Estimated Authorization Level..................         1         0         0         0         0          1
    Estimated Outlays..............................         1         *         0         0         0          1
    Total Changes:
        Authorization Level........................       398       397       397       397         0      1,589
        Estimated Outlays..........................       259       337       385       397       139      1,517
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of 2015 and that the 
authorized and necessary amounts will be appropriated for each 
fiscal year.
    H.R. 1335 would authorize the appropriation of $397 million 
a year through 2019 to carry out activities under the MSA. That 
act requires the National Oceanic and Atmospheric 
Administration (NOAA) to preserve sustainable fish populations 
in waters off the coasts of the United States using various 
methods, including limiting the amount of fish that can be 
harvested annually and enforcing laws that prohibit foreign 
fishing. In 2015, NOAA received appropriations totaling $551 
million to carry out activities under the MSA.
    The bill also would make amendments to the MSA, including 
provisions that would create new guidelines for establishing or 
modifying annual catch limits, require regional fishery 
management councils to make publicly-available audio or video 
recordings of their meetings, and direct NOAA to issue new 
regulations related to the collection of data from fisheries. 
Assuming appropriation of the authorized amounts, CBO estimates 
that carrying out the MSA would cost $1.5 billion over the 
2016-2020 period and $72 million after 2020.
    Finally, the bill would require the Secretary of Commerce 
to enter into an agreement with the National Academy of 
Sciences to conduct a study of mixed-use fisheries in the South 
Atlantic and Gulf of Mexico. Based on information provided by 
the National Academy of Sciences, CBO estimates that completing 
the study would cost $1 million over the 2016-2017 period, 
assuming appropriation of the necessary amounts. Those amounts 
would be used to cover the cost of staff time and travel 
necessary to complete the study.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 1335 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit states by reauthorizing a 
number of programs that support fish conservation and 
management activities. Any costs states incur would result from 
complying with conditions of receiving federal assistance.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Jon Sperl; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: Theresa A. Gullo, Assistant Director 
for Budget Analysis.
    2. Section 308(a) of the Congressional Budget Act. As 
required by clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, this bill does not contain 
any new budget authority, spending authority, credit authority, 
or an increase or decrease in revenues or tax expenditures. 
According to the Congressional Budget Office, implementing the 
bill would cost $1.5 billion over the 2016-2020 time period, 
and $72 million after 2020, assuming appropriation of the 
authorized amounts. Enacting the bill would not affect revenues 
or direct spending.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Magnuson-Stevens Fishery 
Conservation and Management Act to provide flexibility for 
fishery management and stability for fishermen.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman estimates that this bill 
directs the Secretary of Commerce to conduct two rulemakings.
    Duplication of Existing Programs. This bill does establish 
or reauthorize a program of the federal government known to be 
duplicative of another program. Such program was not included 
in any report from the Government Accountability Office to 
Congress pursuant to section 21 of Public Law 111-139 but was 
identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs. Specifically, this 
program is the Fisheries Development and Utilization Research 
and Development Grants and Cooperative Agreements program. In 
addition, for habitat conservation, the related programs are 
Coastal Zone Management Administration Awards, Financial 
Assistance for National Centers for Coastal Ocean Science, 
Regional Fishery Management Councils, Chesapeake Bay Studies, 
and Congressionally Identified Awards and Projects. However, 
this bill's reauthorization of the Magnuson-Stevens Fishery 
Conservation and Management Act also provides new focus and 
guidance to ensure that fisheries are managed more 
appropriately, effectively and efficiently.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Magnuson-Stevens Fishery Conservation 
and Management Act''.

                            TABLE OF CONTENTS

     * * * * * * *
Sec. 4. Authorization of appropriations.
Sec. 5. Ensuring consistent fisheries management under certain other 
          Federal laws.
     * * * * * * *

                TITLE IV--FISHERY MONITORING AND RESEARCH

     * * * * * * *
[Sec. 407. Gulf of Mexico red snapper research.]
Sec. 408. Deep sea coral research and technology program.
Sec. 409. Stock assessments used for fisheries managed under Gulf of 
          Mexico Council's Reef Fish Management Plan.

           *       *       *       *       *       *       *


SEC. 2. FINDINGS, PURPOSES AND POLICY.

  (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] depleted 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], recreational, and subsistence 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 States, 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.

   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.
          (2a) The term ``catch share'' means any fishery 
        management program that allocates a specific percentage 
        of the total allowable catch for a fishery, or a 
        specific fishing area, to an individual, cooperative, 
        community, processor, representative of a commercial 
        sector, or regional fishery association established in 
        accordance with section 303A(c)(4), or other entity.
          (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.
          (4a) The term ``confidential information'' means--
                  (A) trade secrets;
                  (B) proprietary information;
                  (C) observer information; and
                  (D) commercial or financial information the 
                disclosure of which is likely to result in harm 
                to the competitive position of the person that 
                submitted the information to the Secretary.
          (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 ``Continental Shelf fishery resources'' 
        means the following:

                              COLENTERATA

          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) The term ``Council'' means any Regional Fishery 
        Management Council established under section 302.
          (8a) The term ``depleted'' means, with respect to a 
        stock of fish or stock complex, that the stock or stock 
        complex has a biomass that has declined below a level 
        that jeopardizes the capacity of the stock or stock 
        complex to produce maximum sustainable yield on a 
        continuing basis.
          (9) 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) The term ``essential fish habitat'' means those 
        waters and substrate necessary to fish for spawning, 
        breeding, feeding or growth to maturity.
          (11) 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) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals and birds.
          (13) 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.
          (14) 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.
          (15) The term ``fishery resource'' means any fishery, 
        any stock of fish, any species of fish, and any habitat 
        of fish.
          (16) 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.
          (17) 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.
          (18) 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.
          (19) The term ``foreign fishing'' means fishing by a 
        vessel other than a vessel of the United States.
          (20) 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.
          (21) The term ``highly migratory species'' means tuna 
        species, marlin (Tetrapturus spp. and Makaira spp.), 
        oceanic sharks, sailfishes (Istiophorus spp.), and 
        swordfish (Xiphias gladius).
          (22) 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.
          (23) 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).
          (24) 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.
          (25) 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.
          (26) The term ``limited access privilege''--
                  (A) means a Federal permit, issued as part of 
                a limited access system under section 303A to 
                harvest a quantity of fish expressed by a unit 
                or units representing a portion of the total 
                allowable catch of the fishery that may be 
                received or held for exclusive use by a person; 
                and
                  (B) includes an individual fishing quota; but
                  (C) does not include community development 
                quotas as described in section 305(i).
          (27) The term ``limited access system'' means a 
        system that limits participation in a fishery to those 
        satisfying certain eligibility criteria or requirements 
        contained in a fishery management plan or associated 
        regulation.
          (28) The term ``Marine Fisheries Commission'' means 
        the Atlantic States Marine Fisheries Commission, the 
        Gulf States Marine Fisheries Commission, or the Pacific 
        Marine Fisheries Commission.
          (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.
          (30) The term ``national standards'' means the 
        national standards for fishery conservation and 
        management set forth in section 301.
          (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.
          (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] depleted 
                fishery, provides for rebuilding to a level 
                consistent with producing the maximum 
                sustainable yield in such fishery.
          (34) [The terms ``overfishing'' and ``overfished '' 
        mean] The term ``overfishing'' means a rate or level of 
        fishing mortality that jeopardizes the capacity of a 
        fishery to produce the maximum sustainable yield on a 
        continuing basis.
          (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.
          (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.
          (37) The term ``recreational fishing'' means fishing 
        for sport or pleasure.
          (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.
          (39) The term ``Secretary'' means the Secretary of 
        Commerce or his designee.
          (40) 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.
          (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.
          (42) 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.
          (43) The term ``stock of fish'' means a species, 
        subspecies, geographical grouping, or other category of 
        fish capable of management as a unit.
          (43a)(A) The term ``subsistence fishing'' means 
        fishing in which the fish harvested are intended for 
        customary and traditional uses, including for direct 
        personal or family consumption as food or clothing; for 
        the making or selling of handicraft articles out of 
        nonedible byproducts taken for personal or family 
        consumption, for barter, or sharing for personal or 
        family consumption; and for customary trade.
          (B) In this paragraph--
                  (i) the term ``family'' means all persons 
                related by blood, marriage, or adoption, or any 
                person living within the household on a 
                permanent basis; and
                  (ii) the term ``barter'' means the exchange 
                of a fish or fish part--
                          (I) for another fish or fish part; or
                          (II) for other food or for nonedible 
                        items other than money if the exchange 
                        is of a limited and noncommercial 
                        nature.
          (44) The term ``treaty'' means any international 
        fishery agreement which is a treaty within the meaning 
        of section 2 of article II of the Constitution.
          (45) 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.
          (46) The term ``United States'', when used in a 
        geographical context, means all the States thereof.
          (47) 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.
          (48) The term ``United States harvested fish'' means 
        fish caught, taken, or harvested by vessels of the 
        United States within any fishery for which a fishery 
        management plan prepared under title III or a 
        preliminary fishery management plan prepared under 
        section 201(h) has been implemented.
          (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)).
          (50) 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.
          (33) 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.

   There are authorized to be appropriated to the Secretary to 
carry out the provisions of [this Act--]
          [(1) $337,844,000 for fiscal year 2007;
          [(2) $347,684,000 for fiscal year 2008;
          [(3) $357,524,000 for fiscal year 2009;
          [(4) $367,364,000 for fiscal year 2010;
          [(5) $377,204,000 for fiscal year 2011;
          [(6) $387,044,000 for fiscal year 2012; and]
          [(7)] this Act $396,875,000 for [fiscal year 2013] 
        each of fiscal years 2015 through 2019.

SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER CERTAIN OTHER 
                    FEDERAL LAWS.

  (a) National Marine Sanctuaries Act and Antiquities Act of 
1906.--In any case of a conflict between this Act and the 
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or the 
Antiquities Act of 1906 (16 U.S.C. 431 et seq.), this Act shall 
control.
  (b) Fisheries Restrictions Under Endangered Species Act of 
1973.--To ensure transparency and consistent management of 
fisheries throughout their range, any restriction on the 
management of fish in the exclusive economic zone that is 
necessary to implement a recovery plan under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be 
implemented--
          (1) using authority under this Act; and
          (2) in accordance with processes and time schedules 
        required under this Act.

TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY 
RESOURCES

           *       *       *       *       *       *       *



SEC. 102. HIGHLY MIGRATORY SPECIES.

  (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.--In managing any fisheries 
under an international fisheries agreement to which the United 
States is a party, the appropriate Council or Secretary shall 
take into account the traditional participation in the fishery, 
relative to other nations, by fishermen of the United States on 
fishing vessels of the United States.
  (c) Promotion of Stock Management.--If a relevant 
international fisheries organization does not have a process 
for developing a formal plan to rebuild a depleted stock, an 
[overfished] depleted stock, or a stock that is approaching a 
condition of being [overfished] depleted, 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.

           *       *       *       *       *       *       *


             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

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

  (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 over-fishing 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] depleted stocks), take into 
        account the importance of fishery resources to fishing 
        communities by utilizing economic and social data that 
        meet the requirements of paragraph (2), 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) 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.
  (c) Inter-Sector Trading of Commercial Catch Share 
Allocations in the Gulf of Mexico.--Notwithstanding any other 
provision of this Act, any commercial fishing catch share 
allocation in a fishery in the Gulf of Mexico may only be 
traded by sale or lease within the same commercial fishing 
sector.

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.

  (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] 19 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) and a liaison who is a 
        member of the Mid-Atlantic Fishery Management Council 
        to represent the interests of fisheries under the 
        jurisdiction of such Council.
          (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] 22 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) and a liaison who is a member of the New England 
        Fishery Management Council to represent the interests 
        of fisheries under the jurisdiction of such Council.
          (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 seward 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], recreational, 
or subsistence fishing 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, and in the case of the Governor of 
Alaska with the subsistence 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 Governor of a State submitting a list of names of 
individuals for appointment by the Secretary of Commerce to the 
Gulf of Mexico Fisheries Management Council under subparagraph 
(C) shall include--
          (I) at least 1 nominee each from the commercial, 
        recreational, and charter fishing sectors; and
          (II) at least 1 other individual who is knowledgeable 
        regarding the conservation and management of fisheries 
        resources in the jurisdiction of the Council.
  (ii) Notwithstanding the requirements of subparagraph (C), if 
the Secretary determines that the list of names submitted by 
the Governor does not meet the requirements of clause (i) the 
Secretary shall--
          (I) publish a notice in the Federal Register asking 
        the residents of that State to submit the names and 
        pertinent biographical data of individuals who would 
        meet the requirement not met for appointment to the 
        Council; and
          (II) add the name of any qualified individual 
        submitted by the public who meets the unmet requirement 
        to the list of names submitted by the Governor.
  (iii) For purposes of clause (i) an individual who owns or 
operates a fish farm outside of the United States shall not be 
considered to be a representative of the commercial or 
recreational fishing sector.
  (iv) The requirements of this subparagraph shall expire at 
the end of fiscal year 2012.
  (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 Advisory Panels.--
          (1)(A) Each Council shall establish, maintain, and 
        appoint the members of a scientific and statistical 
        committee to assist it in the development, collection, 
        evaluation, and peer review of such statistical, 
        biological, economic, social, and other scientific 
        information as is relevant to such Council's 
        development and amendment of any fishery management 
        plan.
          (B) Each scientific and statistical committee shall 
        provide its Council ongoing scientific advice for 
        fishery management decisions, including recommendations 
        for acceptable biological catch, preventing 
        overfishing, maximum sustainable yield, and achieving 
        rebuilding targets, and reports on stock status and 
        health, bycatch, habitat status, social and economic 
        impacts of management measures, and sustainability of 
        fishing practices. Each scientific and statistical 
        committee shall develop such advice in a transparent 
        manner and allow for public involvement in the process.
          (C) Members appointed by the Councils to the 
        scientific and statistical committees shall be Federal 
        employees, State employees, academicians, or 
        independent experts and shall have strong scientific or 
        technical credentials and experience.
          (D) Each member of a scientific and statistical 
        committee shall be treated as an affected individual 
        for purposes of paragraphs (2), (3)(B), (4), and (5)(A) 
        of subsection (j). The Secretary shall keep disclosures 
        made pursuant to this subparagraph on file.
          (E) The Secretary and each Council may establish a 
        peer review process for that Council for scientific 
        information used to advise the Council about the 
        conservation and management of the fishery. The review 
        process, which may include existing committees or 
        panels, is deemed to satisfy the requirements of the 
        guidelines issued pursuant to section 515 of the 
        Treasury and General Government Appropriations Act for 
        Fiscal year 2001 (Public Law 106-554--Appendix C; 114 
        Stat. 2763A-153).
          (F) In addition to the provisions of section 
        302(f)(7), the Secretary shall, subject to the 
        availability of appropriations, pay a stipend to 
        members of the scientific and statistical committees or 
        advisory panels who are not employed by the Federal 
        Government or a State marine fisheries agency.
          (G) A science and statistical committee shall hold 
        its meetings in conjunction with the meeting of the 
        Council, to the extent practicable.
          (2) Each Council shall establish such 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
          (6) develop annual catch limits for each of its 
        managed fisheries that may not exceed the fishing level 
        recommendations of its scientific and statistical 
        committee or the peer review process established under 
        subsection (g);
          (7) develop, in conjunction with the scientific and 
        statistical committee, multi-year research priorities 
        for fisheries, fisheries interactions, habitats, and 
        other areas of research that are necessary for 
        management purposes, that shall--
                  (A) establish priorities for 5-year periods;
                  (B) be updated as necessary; and
                  (C) be submitted to the Secretary and the 
                regional science centers of the National Marine 
                Fisheries Service for their consideration in 
                developing research priorities and budgets for 
                the region of the Council; and
          (8) 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, 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 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 provided by any means 
        that will result in wide publicity in the major fishing 
        ports of the region (and in other major fishing ports 
        having a direct interest in the affected fishery), 
        except that e-mail notification and website postings 
        alone are not sufficient. 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.
          (G) Each Council shall make available on the Internet 
        Web site of the Council--
                  (i) to the extent practicable, a Webcast, an 
                audio recording, or a live broadcast of each 
                meeting of the Council, and of the Council 
                Coordination Committee established under 
                subsection (l), that is not closed in 
                accordance with paragraph (3); and
                  (ii) audio, video (if the meeting was in 
                person or by video conference), or a searchable 
                audio or written transcript of each meeting of 
                the Council and of the meetings of committees 
                referred to in section 302(g)(1)(B) of the 
                Council by not later than 30 days after the 
                conclusion of the meeting.
          (H) The Secretary shall maintain and make available 
        to the public an archive of Council and scientific and 
        statistical committee meeting audios, videos, and 
        transcripts made available under clauses (i) and (ii) 
        of subparagraph (G).
  (3)(A) Each Council, the Council Coordination Committee 
established under subsection (l), scientific and statistical 
committee, other committees, 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 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.--
          (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, or 
with respect to an 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 by the Council and made available 
        on the Internet and for public inspection at the 
        Council offices during reasonable hours; 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, 
including identification of any conflict of interest problems 
with respect to the Councils and scientific and statistical 
committees and recommendations for addressing any such 
problems.
  (k) Council Training Program.--
          (1) Training course.--Within 6 months after the date 
        of enactment of the Magnuson-Stevens Fishery 
        Conservation and Management Reauthorization Act of 
        2006, the Secretary, in consultation with the Councils 
        and the National Sea Grant College Program, shall 
        develop a training course for newly appointed Council 
        members. The course may cover a variety of topics 
        relevant to matters before the Councils, including--
                  (A) fishery science and basic stock 
                assessment methods;
                  (B) fishery management techniques, data 
                needs, and Council procedures;
                  (C) social science and fishery economics;
                  (D) tribal treaty rights and native customs, 
                access, and other rights related to Western 
                Pacific indigenous communities;
                  (E) legal requirements of this Act, including 
                conflict of interest and disclosure provisions 
                of this section and related policies;
                  (F) other relevant legal and regulatory 
                requirements, including the National 
                Environmental Policy Act (42 U.S.C. 4321 et 
                seq.);
                  (G) public process for development of fishery 
                management plans;
                  (H) other topics suggested by the Council; 
                and
                  (I) recreational and commercial fishing 
                information, including fish harvesting 
                techniques, gear types, fishing vessel types, 
                and economics for the fisheries within each 
                Council's jurisdiction.
          (2) Member training.--The training course shall be 
        available to both new and existing Council members, 
        staff from the regional offices and regional science 
        centers of the National Marine Fisheries Service, and 
        may be made available to committee or advisory panel 
        members as resources allow.
          (3) Required training.--Council members appointed 
        after the date of enactment of the Magnuson-Stevens 
        Fishery Conservation and Management Reauthorization Act 
        of 2006 shall complete a training course that meets the 
        requirements of this section not later than 1 year 
        after the date on which they were appointed. Any 
        Council member who has completed a training course 
        within 24 months before the date of enactment of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2006 shall be considered to have 
        met the training requirement of this paragraph.
  (l) Council Coordination Committee.--The Councils may 
establish a Council coordination committee consisting of the 
chairs, vice chairs, and executive directors of each of the 8 
Councils described in subsection (a)(1), or other Council 
members or staff, in order to discuss issues of relevance to 
all Councils, including issues related to the implementation of 
this Act.
  (m) Considerations for Modifications to Annual Catch Limit 
Requirements.--
          (1) Consideration of ecosystem and economic 
        impacts.--In establishing annual catch limits a Council 
        may, consistent with section 302(h)(6), consider 
        changes in an ecosystem and the economic needs of the 
        fishing communities.
          (2) Limitations to annual catch limit requirement for 
        special fisheries.--Notwithstanding subsection (h)(6), 
        a Council is not required to develop an annual catch 
        limit for--
                  (A) an ecosystem component species;
                  (B) a fishery for a species that has a life 
                cycle of approximately 1 year, unless the 
                Secretary has determined the fishery is subject 
                to overfishing; or
                  (C) a stock for which--
                          (i) more than half of a single-year 
                        class will complete their life cycle in 
                        less than 18 months; and
                          (ii) fishing mortality will have 
                        little impact on the stock.
          (3) Relationship to international fishery efforts.--
        Each annual catch limit may, consistent with section 
        302(h)(6), take into account--
                  (A) management measures under international 
                agreements in which the United States 
                participates;
                  (B) informal transboundary agreements under 
                which fishery management activities by another 
                country outside the exclusive economic zone may 
                hinder conservation efforts by United States 
                fishermen for a fish species for which any of 
                the recruitment, distribution, life history, or 
                fishing activities are transboundary; and
                  (C) in instances in which no transboundary 
                agreement exists, activities by another country 
                outside the exclusive economic zone that may 
                hinder conservation efforts by United States 
                fisherman for a fish species for which any of 
                the recruitment, distribution, life history, or 
                fishing activities are transboundary.
          (4) Authorization for multispecies complexes and 
        multiyear annual catch limits.--For purposes of 
        subsection (h)(6), a Council may establish--
                  (A) an annual catch limit for a stock 
                complex; or
                  (B) annual catch limits for each year in any 
                continuous period that is not more than three 
                years in duration.
          (5) Ecosystem component species defined.--In this 
        subsection the term ``ecosystem component species'' 
        means a stock of fish that is a nontarget, incidentally 
        harvested stock of fish in a fishery, or a nontarget, 
        incidentally harvested stock of fish that a Council or 
        the Secretary has determined--
                  (A) is not subject to overfishing, 
                approaching a depleted condition or depleted; 
                and
                  (B) is not likely to become subject to 
                overfishing or depleted in the absence of 
                conservation and management measures.

SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS.

  (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] 
                depleted 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, 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 
        analyze the likely effects, if any, including the 
        cumulative conservation, economic, and social impacts, 
        of the conservation and management measures on, and 
        possible mitigation measures for--
                  [(A) participants in the fisheries and 
                fishing communities affected by the plan or 
                amendment;
                  [(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; and
                  [(C) the safety of human life at sea, 
                including whether and to what extent such 
                measures may affect the safety of participants 
                in the fishery;]
          [(10)] (9) specify objective and measurable criteria 
        for identifying when the fishery to which the plan 
        applies is [overfished] depleted (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] depleted condition or is 
        [overfished] depleted, contain conservation and 
        management measures to prevent overfishing or end 
        overfishing and rebuild the fishery;
          [(11)] (10) 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)] (11) 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)] (12) include a description of the commercial, 
        recreational, and charter fishing sectors which 
        participate in the fishery, including its economic 
        impact, and, to the extent practicable, quantify trends 
        in landings of the managed fishery resource by the 
        commercial, recreational, and charter fishing sectors;
          [(14)] (13) to the extent that rebuilding plans or 
        other conservation and management measures which reduce 
        the overall harvest in a fishery are necessary, 
        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 and;
          [(15)] (14) establish a mechanism for specifying 
        annual catch limits in the plan (including a multiyear 
        plan), implementing regulations, or annual 
        specifications, at a level such that overfishing does 
        not occur in the fishery, including measures to ensure 
        accountability.
  (b) 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 under this 
        Act that prohibits all fishing, ensure that such 
        closure--
                  (i) is based on the best scientific 
                information available;
                  (ii) includes criteria to assess the 
                conservation benefit of the closed area;
                  (iii) establishes a timetable for review of 
                the closed area's performance that is 
                consistent with the purposes of the closed 
                area; and
                  (iv) is based on an assessment of the 
                benefits and impacts of the closure, including 
                its size, in relation to other management 
                measures (either alone or in combination with 
                such measures), including the benefits and 
                impacts of limiting access to: users of the 
                area, overall fishing activity, fishery 
                science, and fishery and marine conservation;
          (3) 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 and take into account the different 
        circumstances affecting fisheries from different States 
        and ports, including distances to fishing grounds and 
        proximity to time and area closures;
          (6) establish a limited access system for the fishery 
        in order to achieve optimum yield if, in developing 
        such system, the Council and the Secretary take into 
        account--
                  (A) present participation in the fishery;
                  (B) historical fishing practices in, and 
                dependence on, the fishery;
                  (C) the economics of the fishery;
                  (D) the capability of fishing vessels used in 
                the fishery to engage in other fisheries;
                  (E) the cultural and social framework 
                relevant to the fishery and any affected 
                fishing communities;
                  (F) the fair and equitable distribution of 
                access privileges in the fishery; and
                  (G) any other relevant considerations;
          (7) require fish processors who first receive fish 
        that are subject to the plan to submit 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;
          (12) include management measures in the plan to 
        conserve target and non-target species and habitats, 
        considering the variety of ecological factors affecting 
        fishery populations; and
          (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) Fishery Impact Statement.--
          (1) Any fishery management plan (or fishery 
        management plan amendment) prepared by any Council or 
        by the Secretary pursuant to subsection (a) or (b), or 
        proposed regulations deemed necessary pursuant to 
        subsection (c), shall include a fishery impact 
        statement which shall assess, specify and analyze the 
        likely effects and impact of the proposed action on the 
        quality of the human environment.
          (2) The fishery impact statement shall describe--
                  (A) a purpose of the proposed action;
                  (B) the environmental impact of the proposed 
                action;
                  (C) any adverse environmental effects which 
                cannot be avoided should the proposed action be 
                implemented;
                  (D) a reasonable range of alternatives to the 
                proposed action;
                  (E) the relationship between short-term use 
                of fishery resources and the enhancement of 
                long-term productivity;
                  (F) the cumulative conservation and 
                management effects; and
                  (G) economic, and social impacts of the 
                proposed action on--
                          (i) participants in the fisheries and 
                        fishing communities affected by the 
                        proposed action;
                          (ii) participants in the fisheries 
                        conducted in adjacent areas under the 
                        authority of another Council, after 
                        consultation with such Council and 
                        representatives of those participants; 
                        and
                          (iii) the safety of human life at 
                        sea, including whether and to what 
                        extent such measures may affect the 
                        safety of participants in the fishery.
          (3) A substantially complete fishery impact 
        statement, which may be in draft form, shall be 
        available not less than 14 days before the beginning of 
        the meeting at which a Council makes its final decision 
        on the proposal (for plans, plan amendments, or 
        proposed regulations prepared by a Council pursuant to 
        subsection (a) or (c)). Availability of this fishery 
        impact statement will be announced by the methods used 
        by the council to disseminate public information and 
        the public and relevant government agencies will be 
        invited to comment on the fishery impact statement.
          (4) The completed fishery impact statement shall 
        accompany the transmittal of a fishery management plan 
        or plan amendment as specified in section 304(a), as 
        well as the transmittal of proposed regulations as 
        specified in section 304(b).
          (5) The Councils shall, subject to approval by the 
        Secretary, establish criteria to determine actions or 
        classes of action of minor significance regarding 
        subparagraphs (A), (B), (D), (E), and (F) of paragraph 
        (2), for which preparation of a fishery impact 
        statement is unnecessary and categorically excluded 
        from the requirements of this section, and the 
        documentation required to establish the exclusion.
          (6) The Councils shall, subject to approval by the 
        Secretary, prepare procedures for compliance with this 
        section that provide for timely, clear, and concise 
        analysis that is useful to decisionmakers and the 
        public, reduce extraneous paperwork and effectively 
        involve the public, including--
                  (A) using Council meetings to determine the 
                scope of issues to be addressed and identifying 
                significant issues related to the proposed 
                action;
                  (B) integration of the fishery impact 
                statement development process with preliminary 
                and final Council decisionmaking in a manner 
                that provides opportunity for comment from the 
                public and relevant government agencies prior 
                to these decision points; and
                  (C) providing scientific, technical, and 
                legal advice at an early stage of the 
                development of the fishery impact statement to 
                ensure timely transmittal and Secretarial 
                review of the proposed fishery management plan, 
                plan amendment, or regulations to the 
                Secretary.
          (7) Actions taken in accordance with this section are 
        deemed to fulfill the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and all related implementing regulations.

SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

  (a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act 
of 2006, a Council may submit, and the Secretary may approve, 
for a fishery that is managed under a limited access system, a 
limited access privilege program to harvest fish if the program 
meets the requirements of this section.
  (b) No Creation of Right, Title, or Interest.--Limited access 
privilege, quota share, or other limited access system 
authorization established, implemented, or managed under this 
Act--
          (1) shall be considered a permit for the purposes of 
        sections 307, 308, and 309;
          (2) may be revoked, limited, or modified at any time 
        in accordance with this Act, including revocation if 
        the system is found to have jeopardized the 
        sustainability of the stock or the safety of fishermen;
          (3) shall not confer any right of compensation to the 
        holder of such limited access privilege, quota share, 
        or other such limited access system authorization if it 
        is revoked, limited, or modified;
          (4) shall not create, or be construed to create, any 
        right, title, or interest in or to any fish before the 
        fish is harvested by the holder; and
          (5) shall be considered a grant of permission to the 
        holder of the limited access privilege or quota share 
        to engage in activities permitted by such limited 
        access privilege or quota share.
  (c) Requirements for Limited Access Privileges.--
          (1) In general.--Any limited access privilege program 
        to harvest fish submitted by a Council or approved by 
        the Secretary under this section shall--
                  (A) if established in a fishery that is 
                [overfished] depleted or subject to a 
                rebuilding plan, assist in its rebuilding;
                  (B) if established in a fishery that is 
                determined by the Secretary or the Council to 
                have over-capacity, contribute to reducing 
                capacity;
                  (C) promote--
                          (i) fishing safety;
                          (ii) fishery conservation and 
                        management; and
                          (iii) social and economic benefits;
                  (D) prohibit any person other than a United 
                States citizen, a corporation, partnership, or 
                other entity established under the laws of the 
                United States or any State, or a permanent 
                resident alien, that meets the eligibility and 
                participation requirements established in the 
                program from acquiring a privilege to harvest 
                fish, including any person that acquires a 
                limited access privilege solely for the purpose 
                of perfecting or realizing on a security 
                interest in such privilege;
                  (E) require that all fish harvested under a 
                limited access privilege program be processed 
                on vessels of the United States or on United 
                States soil (including any territory of the 
                United States);
                  (F) specify the goals of the program;
                  (G) include provisions for the regular 
                monitoring and review by the Council and the 
                Secretary of the operations of the program, 
                including determining progress in meeting the 
                goals of the program and this Act, and any 
                necessary modification of the program to meet 
                those goals, with a formal and detailed review 
                5 years after the implementation of the program 
                and thereafter to coincide with scheduled 
                Council review of the relevant fishery 
                management plan (but no less frequently than 
                once every 7 years);
                  (H) include an effective system for 
                enforcement, monitoring, and management of the 
                program, including the use of observers or 
                electronic monitoring systems;
                  (I) include an appeals process for 
                administrative review of the Secretary's 
                decisions regarding initial allocation of 
                limited access privileges;
                  (J) provide for the establishment by the 
                Secretary, in consultation with appropriate 
                Federal agencies, for an information collection 
                and review process to provide any additional 
                information needed to determine whether any 
                illegal acts of anti-competition, anti-trust, 
                price collusion, or price fixing have occurred 
                among regional fishery associations or persons 
                receiving limited access privileges under the 
                program; and
                  (K) provide for the revocation by the 
                Secretary of limited access privileges held by 
                any person found to have violated the antitrust 
                laws of the United States.
          (2) Waiver.--The Secretary may waive the requirement 
        of paragraph (1)(E) if the Secretary determines that--
                  (A) the fishery has historically processed 
                the fish outside of the United States; and
                  (B) the United States has a seafood safety 
                equivalency agreement with the country where 
                processing will occur.
          (3) Fishing communities.--
                  (A) In general.--
                          (i) Eligibility.--To be eligible to 
                        participate in a limited access 
                        privilege program to harvest fish, a 
                        fishing community shall--
                                  (I) be located within the 
                                management area of the relevant 
                                Council;
                                  (II) meet criteria developed 
                                by the relevant Council, 
                                approved by the Secretary, and 
                                published in the Federal 
                                Register;
                                  (III) consist of residents 
                                who conduct commercial or 
                                recreational fishing, 
                                processing, or fishery-
                                dependent support businesses 
                                within the Council's management 
                                area; and
                                  (IV) develop and submit a 
                                community sustainability plan 
                                to the Council and the 
                                Secretary that demonstrates how 
                                the plan will address the 
                                social and economic development 
                                needs of coastal communities, 
                                including those that have not 
                                historically had the resources 
                                to participate in the fishery, 
                                for approval based on criteria 
                                developed by the Council that 
                                have been approved by the 
                                Secretary and published in the 
                                Federal Register.
                          (ii) Failure to comply with plan.--
                        The Secretary shall deny or revoke 
                        limited access privileges granted under 
                        this section for any person who fails 
                        to comply with the requirements of the 
                        community sustainability plan. Any 
                        limited access privileges denied or 
                        revoked under this section may be 
                        reallocated to other eligible members 
                        of the fishing community.
                  (B) Participation criteria.--In developing 
                participation criteria for eligible communities 
                under this paragraph, a Council shall 
                consider--
                          (i) traditional fishing or processing 
                        practices in, and dependence on, the 
                        fishery;
                          (ii) the cultural and social 
                        framework relevant to the fishery;
                          (iii) economic barriers to access to 
                        fishery;
                          (iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of 
                        limited access privilege programs on 
                        harvesters, captains, crew, processors, 
                        and other businesses substantially 
                        dependent upon the fishery in the 
                        region or subregion;
                          (v) the expected effectiveness, 
                        operational transparency, and 
                        equitability of the community 
                        sustainability plan; and
                          (vi) the potential for improving 
                        economic conditions in remote coastal 
                        communities lacking resources to 
                        participate in harvesting or processing 
                        activities in the fishery.
          (4) Regional fishery associations.--
                  (A) In general.--To be eligible to 
                participate in a limited access privilege 
                program to harvest fish, a regional fishery 
                association shall--
                          (i) be located within the management 
                        area of the relevant Council;
                          (ii) meet criteria developed by the 
                        relevant Council, approved by the 
                        Secretary, and published in the Federal 
                        Register;
                          (iii) be a voluntary association, 
                        among willing parties with established 
                        by-laws and operating procedures;
                          (iv) consist of participants in the 
                        fishery who hold quota share that are 
                        designated for use in the specific 
                        region or subregion covered by the 
                        regional fishery association, including 
                        commercial or recreational fishing, 
                        processing, fishery-dependent support 
                        businesses, or fishing communities;
                          (v) not be eligible to receive an 
                        initial allocation of a limited access 
                        privilege but may acquire such 
                        privileges after the initial 
                        allocation, and may hold the annual 
                        fishing privileges of any limited 
                        access privileges it holds or the 
                        annual fishing privileges that is 
                        members contribute; and
                          (vi) develop and submit a regional 
                        fishery association plan to the Council 
                        and the Secretary for approval based on 
                        criteria developed by the Council that 
                        have been approved by the Secretary and 
                        published in the Federal Register.
                  (B) Failure to comply with plan.--The 
                Secretary shall deny or revoke limited access 
                privileges granted under this section to any 
                person participating in a regional fishery 
                association who fails to comply with the 
                requirements of the regional fishery 
                association plan.
                  (C) Participation criteria.--In developing 
                participation criteria for eligible regional 
                fishery associations under this paragraph, a 
                Council shall consider--
                          (i) traditional fishing or processing 
                        practices in, and dependence on, the 
                        fishery;
                          (ii) the cultural and social 
                        framework relevant to the fishery;
                          (iii) economic barriers to access to 
                        fishery;
                          (iv) the existence and severity of 
                        projected economic and social impacts 
                        associated with implementation of 
                        limited access privilege programs on 
                        harvesters, captains, crew, processors, 
                        and other businesses substantially 
                        dependent upon the fishery in the 
                        region or subregion;
                          (v) the administrative and fiduciary 
                        soundness of the association; and
                          (vi) the expected effectiveness, 
                        operational transparency, and 
                        equitability of the fishery association 
                        plan.
          (5) Allocation.--In developing a limited access 
        privilege program to harvest fish a Council or the 
        Secretary shall--
                  (A) establish procedures to ensure fair and 
                equitable initial allocations, including 
                consideration of--
                          (i) current and historical harvests;
                          (ii) employment in the harvesting and 
                        processing sectors;
                          (iii) investments in, and dependence 
                        upon, the fishery; and
                          (iv) the current and historical 
                        participation of fishing communities;
                  (B) consider the basic cultural and social 
                framework of the fishery, especially through--
                          (i) the development of policies to 
                        promote the sustained participation of 
                        small owner-operated fishing vessels 
                        and fishing communities that depend on 
                        the fisheries, including regional or 
                        port-specific landing or delivery 
                        requirements; and
                          (ii) procedures to address concerns 
                        over excessive geographic or other 
                        consolidation in the harvesting or 
                        processing sectors of the fishery;
                  (C) include measures to assist, when 
                necessary and appropriate, entry-level and 
                small vessel owner-operators, captains, crew, 
                and fishing communities through set-asides of 
                harvesting allocations, including providing 
                privileges, which may include set-asides or 
                allocations of harvesting privileges, or 
                economic assistance in the purchase of limited 
                access privileges;
                  (D) ensure that limited access privilege 
                holders do not acquire an excessive share of 
                the total limited access privileges in the 
                program by--
                          (i) establishing a maximum share, 
                        expressed as a percentage of the total 
                        limited access privileges, that a 
                        limited access privilege holder is 
                        permitted to hold, acquire, or use; and
                          (ii) establishing any other 
                        limitations or measures necessary to 
                        prevent an inequitable concentration of 
                        limited access privileges; and
                  (E) authorize limited access privileges to 
                harvest fish to be held, acquired, used by, or 
                issued under the system to persons who 
                substantially participate in the fishery, 
                including in a specific sector of such fishery, 
                as specified by the Council.
          (6) Program initiation.--
                  (A) Limitation.--Except as provided in 
                subparagraph (D), a Council may initiate a 
                fishery management plan or amendment to 
                establish a limited access privilege program to 
                harvest fish on its own initiative or if the 
                Secretary has certified an appropriate 
                petition.
                  (B) Petition.--A group of fishermen 
                constituting more than 50 percent of the permit 
                holders, or holding more than 50 percent of the 
                allocation, in the fishery for which a limited 
                access privilege program to harvest fish is 
                sought, may submit a petition to the Secretary 
                requesting that the relevant Council or 
                Councils with authority over the fishery be 
                authorized to initiate the development of the 
                program. Any such petition shall clearly state 
                the fishery to which the limited access 
                privilege program would apply. For multispecies 
                permits in the Gulf of Mexico, only those 
                participants who have substantially fished the 
                species proposed to be included in the limited 
                access program shall be eligible to sign a 
                petition for such a program and shall serve as 
                the basis for determining the percentage 
                described in the first sentence of this 
                subparagraph.
                  (C) Certification by secretary.--Upon the 
                receipt of any such petition, the Secretary 
                shall review all of the signatures on the 
                petition and, if the Secretary determines that 
                the signatures on the petition represent more 
                than 50 percent of the permit holders, or 
                holders of more than 50 percent of the 
                allocation in the fishery, as described by 
                subparagraph (B), the Secretary shall certify 
                the petition to the appropriate Council or 
                Councils.
                  [(D) New england and gulf referendum.--
                          [(i) Except as provided in clause 
                        (iii) for the Gulf of Mexico commercial 
                        red snapper fishery, the New England 
                        and Gulf Councils may not submit, and 
                        the Secretary may not approve or 
                        implement, a fishery management plan or 
                        amendment that creates an individual 
                        fishing quota program, including a 
                        Secretarial plan, unless such a system, 
                        as ultimately developed, has been 
                        approved by more than \2/3\ of those 
                        voting in a referendum among eligible 
                        permit holders, or other persons 
                        described in clause (v), with respect 
                        to the New England Council, and by a 
                        majority of those voting in the 
                        referendum among eligible permit 
                        holders with respect to the Gulf 
                        Council. For multispecies permits in 
                        the Gulf of Mexico, only those 
                        participants who have substantially 
                        fished the species proposed to be 
                        included in the individual fishing 
                        quota program shall be eligible to vote 
                        in such a referendum. If an individual 
                        fishing quota program fails to be 
                        approved by the requisite number of 
                        those voting, it may be revised and 
                        submitted for approval in a subsequent 
                        referendum.
                          [(ii) The Secretary shall conduct a 
                        referendum under this subparagraph, 
                        including notifying all persons 
                        eligible to participate in the 
                        referendum and making available to them 
                        information concerning the schedule, 
                        procedures, and eligibility 
                        requirements for the referendum process 
                        and the proposed individual fishing 
                        quota program. Within 1 year after the 
                        date of enactment of the Magnuson-
                        Stevens Fishery Conservation and 
                        Management Reauthorization Act of 2006, 
                        the Secretary shall publish guidelines 
                        and procedures to determine procedures 
                        and voting eligibility requirements for 
                        referenda and to conduct such referenda 
                        in a fair and equitable manner.
                          [(iii) The provisions of section 
                        407(c) of this Act shall apply in lieu 
                        of this subparagraph for an individual 
                        fishing quota program for the Gulf of 
                        Mexico commercial red snapper fishery.
                          [(iv) Chapter 35 of title 44, United 
                        States Code, (commonly known as the 
                        Paperwork Reduction Act) does not apply 
                        to the referenda conducted under this 
                        subparagraph.
                          [(v) The Secretary shall promulgate 
                        criteria for determining whether 
                        additional fishery participants are 
                        eligible to vote in the New England 
                        referendum described in clause (i) in 
                        order to ensure that crew members who 
                        derive a significant percentage of 
                        their total income from the fishery 
                        under the proposed program are eligible 
                        to vote in the referendum.
                          [(vi) In this subparagraph, the term 
                        ``individual fishing quota'' does not 
                        include a sector allocation.]
                  (D) Catch share referendum pilot program.--
                          (i) The New England, Mid-Atlantic, 
                        South Atlantic, and Gulf of Mexico 
                        Councils may not submit a fishery 
                        management plan or amendment that 
                        creates a catch share program for a 
                        fishery, and the Secretary may not 
                        approve or implement such a plan or 
                        amendment submitted by such a Council 
                        or a secretarial plan or amendment 
                        under section 304(c) that creates such 
                        a program, unless the final program has 
                        been approved, in a referendum in 
                        accordance with this subparagraph, by a 
                        majority of the permit holders eligible 
                        to participate in the fishery. For 
                        multispecies permits in the Gulf of 
                        Mexico, any permit holder with landings 
                        from within the sector of the fishery 
                        being considered for the catch share 
                        program within the 5-year period 
                        preceding the date of the referendum 
                        and still active in fishing in the 
                        fishery shall be eligible to 
                        participate in such a referendum. If a 
                        catch share program is not approved by 
                        the requisite number of permit holders, 
                        it may be revised and submitted for 
                        approval in a subsequent referendum.
                          (ii) The Secretary may, at the 
                        request of the New England Fishery 
                        Management Council, allow participation 
                        in such a referendum for a fishery 
                        under the Council's authority, by 
                        fishing vessel crewmembers who derive a 
                        significant portion of their livelihood 
                        from such fishing.
                          (iii) The Secretary shall conduct a 
                        referendum under this subparagraph, 
                        including notifying all permit holders 
                        eligible to participate in the 
                        referendum and making available to 
                        them--
                                  (I) a copy of the proposed 
                                program;
                                  (II) an estimate of the costs 
                                of the program, including costs 
                                to participants;
                                  (III) an estimate of the 
                                amount of fish or percentage of 
                                quota each permit holder would 
                                be allocated; and
                                  (IV) information concerning 
                                the schedule, procedures, and 
                                eligibility requirements for 
                                the referendum process.
                          (iv) For the purposes of this 
                        subparagraph, the term ``permit holder 
                        eligible to participate'' only includes 
                        the holder of a permit for a fishery 
                        under which fishing has occurred in 3 
                        of the 5 years preceding a referendum 
                        for the fishery, unless sickness, 
                        injury, or other unavoidable hardship 
                        prevented the permit holder from 
                        engaging in such fishing.
                          (v) The Secretary may not implement 
                        any catch share program for any fishery 
                        managed exclusively by the Secretary 
                        unless first petitioned by a majority 
                        of those permit holders eligible to 
                        participate in the fishery.
          (7) Transferability.--In establishing a limited 
        access privilege program, a Council shall--
                  (A) establish a policy and criteria for the 
                transferability of limited access privileges 
                (through sale or lease), that is consistent 
                with the policies adopted by the Council for 
                the fishery under paragraph (5); and
                  (B) establish, in coordination with the 
                Secretary, a process for monitoring of 
                transfers (including sales and leases) of 
                limited access privileges.
          (8) Preparation and implementation of secretarial 
        plans.--This subsection also applies to a plan prepared 
        and implemented by the Secretary under section 304(c) 
        or 304(g).
          (9) Antitrust savings clause.--Nothing in this Act 
        shall be construed to modify, impair, or supersede the 
        operation of any of the antitrust laws. For purposes of 
        the preceding sentence, the term ``antitrust laws'' has 
        the meaning given such term in subsection (a) of the 
        first section of the Clayton Act, except that such term 
        includes section 5 of the Federal Trade Commission Act 
        to the extent that such section 5 applies to unfair 
        methods of competition.
  (d) Auction and Other Programs.--In establishing a limited 
access privilege program, a Council shall consider, and may 
provide, if appropriate, an auction system or other program to 
collect royalties for the initial, or any subsequent, 
distribution of allocations in a limited access privilege 
program if--
          (1) the system or program is administered in such a 
        way that the resulting distribution of limited access 
        privilege shares meets the program requirements of this 
        section; and
          (2) revenues generated through such a royalty program 
        are deposited in the Limited Access System 
        Administration Fund established by section 305(h)(5)(B) 
        and available subject to annual appropriations.
  (e) Cost Recovery.--In establishing a limited access 
privilege program, a Council shall--
          (1) develop a methodology and the means to identify 
        and assess the management, data collection and 
        analysis, and enforcement programs that are directly 
        related to and in support of the program; and
          (2) provide, under section 304(d)(2), for a program 
        of fees paid by limited access privilege holders that 
        will cover the costs of management, data collection and 
        analysis, and enforcement activities.
  (f) Characteristics.--A limited access privilege established 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 is a 
permit issued for a period of not more than 10 years that--
          (1) will be renewed before the end of that period, 
        unless it has been revoked, limited, or modified as 
        provided in this subsection;
          (2) will be revoked, limited, or modified if the 
        holder is found by the Secretary, after notice and an 
        opportunity for a hearing under section 554 of title 5, 
        United States Code, to have failed to comply with any 
        term of the plan identified in the plan as cause for 
        revocation, limitation, or modification of a permit, 
        which may include conservation requirements established 
        under the plan;
          (3) may be revoked, limited, or modified if the 
        holder is found by the Secretary, after notice and an 
        opportunity for a hearing under section 554 of title 5, 
        United States Code, to have committed an act prohibited 
        by section 307 of this Act; and
          (4) may be acquired, or reacquired, by participants 
        in the program under a mechanism established by the 
        Council if it has been revoked, limited, or modified 
        under paragraph (2) or (3).
  (g) Limited Access Privilege Assisted Purchase Program.--
          (1) In general.--A Council may submit, and the 
        Secretary may approve and implement, a program which 
        reserves up to 25 percent of any fees collected from a 
        fishery under section 304(d)(2) to be used, pursuant to 
        section 53706(a)(7) of title 46, United States Code, to 
        issue obligations that aid in financing--
                  (A) the purchase of limited access privileges 
                in that fishery by fishermen who fish from 
                small vessels; and
                  (B) the first-time purchase of limited access 
                privileges in that fishery by entry level 
                fishermen.
          (2) Eligibility criteria.--A Council making a 
        submission under paragraph (1) shall recommend 
        criteria, consistent with the provisions of this Act, 
        that a fisherman must meet to qualify for guarantees 
        under subparagraphs (A) and (B) of paragraph (1) and 
        the portion of funds to be allocated for guarantees 
        under each subparagraph.
  (h) Effect on Certain Existing Shares and Programs.--Nothing 
in this Act, or the amendments made by the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 
2006, shall be construed to require a reallocation or a 
reevaluation of individual quota shares, processor quota 
shares, cooperative programs, or other quota programs, 
including sector allocation in effect before the date of 
enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006.
  (i) Transition Rules.--The requirements of this section shall 
not apply to any quota program, including any individual quota 
program, cooperative program, or sector allocation for which a 
Council has taken final action or which has been submitted by a 
Council to the Secretary, or approved by the Secretary, within 
6 months after the date of enactment of the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 
2006, except that--
          (1) the requirements of section 303(d) of this Act in 
        effect on the day before the date of enactment of that 
        Act shall apply to any such program;
          (2) the program shall be subject to review under 
        subsection (c)(1)(G) of this section not later than 5 
        years after the program implementation; and
          (3) nothing in this subsection precludes a Council 
        from incorporating criteria contained in this section 
        into any such plans.

SEC. 304. ACTION BY THE SECRETARY.

  (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)[.]; and
                  (D) evaluate the adequacy of the accompanying 
                fishery impact statement as basis for fully 
                considering the environmental impacts of 
                implementing the fishery management plan or 
                plan amendment.
          (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--] 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. The Secretary shall also 
        immediately initiate an evaluation of the accompanying 
        fishery impact statement as a basis for fully 
        considering the environmental impacts of implementing 
        the proposed regulations. 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 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, data 
        collection, and enforcement of any--
                  (i) 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).
          (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.
          (D) The Secretary shall report annually on the amount 
        collected under this paragraph from each fishery and 
        detail how the funds were spent in the prior year on a 
        fishery-by-fishery basis, to--
                  (i) Congress; and
                  (ii) each Council from whose fisheries the 
                fee under this paragraph were collected.
  (e) Rebuilding [Overfished] Depleted 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] 
        depleted or are approaching a condition of being 
        [overfished] depleted. 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] depleted if, based on 
        trends in fishing effort, fishery resource size, and 
        other appropriate factors, the Secretary estimates that 
        the fishery will become [overfished] depleted within 
        two years. The report shall distinguish between 
        fisheries that are depleted (or approaching that 
        condition) as a result of fishing and fisheries that 
        are depleted (or approaching that condition) as a 
        result of factors other than fishing. The report shall 
        state, for each fishery identified as depleted or 
        approaching that condition, whether the fishery is the 
        target of directed fishing.
          (2) If the Secretary determines at any time that a 
        fishery is [overfished] depleted, 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 2 years after 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 and 
        implement a fishery management plan, plan amendment, or 
        proposed regulations for the fishery to which the 
        identification or notice applies--
                  (A) to end overfishing immediately 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] depleted 
                condition.
          (4) For a fishery that is [overfished] depleted, 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 rebuilding the 
                fishery that shall--
                          (i) be as short as [possible] 
                        practicable, taking into account the 
                        status and biology of any [overfished] 
                        depleted stocks of fish, the needs of 
                        fishing communities, recommendations by 
                        international organizations in which 
                        the United States participates, and the 
                        interaction of the [overfished] 
                        depleted 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;]
                          (ii) may not exceed the time the 
                        stock would be rebuilt without fishing 
                        occurring plus one mean generation, 
                        except in a case in which--
                                  (I) 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;
                                  (II) the Secretary determines 
                                that the cause of the stock 
                                being depleted is outside the 
                                jurisdiction of the Council or 
                                the rebuilding program cannot 
                                be effective only by limiting 
                                fishing activities;
                                  (III) the Secretary 
                                determines that one or more 
                                components of a mixed-stock 
                                fishery is depleted but cannot 
                                be rebuilt within that time- 
                                frame without significant 
                                economic harm to the fishery, 
                                or cannot be rebuilt without 
                                causing another component of 
                                the mixed-stock fishery to 
                                approach a depleted status;
                                  (IV) the Secretary determines 
                                that recruitment, distribution, 
                                or life history of, or fishing 
                                activities for, the stock are 
                                affected by informal 
                                transboundary agreements under 
                                which management activities 
                                outside the exclusive economic 
                                zone by another country may 
                                hinder conservation and 
                                management efforts by United 
                                States fishermen; and
                                  (V) the Secretary determines 
                                that the stock has been 
                                affected by unusual events that 
                                make rebuilding within the 
                                specified time period 
                                improbable without significant 
                                economic harm to fishing 
                                communities;
                  (B) take into account environmental condition 
                including predator/prey relationships;
                  [(B)] (C) allocate both overfishing 
                restrictions and recovery benefits fairly and 
                equitably among sectors of the fishery; [and]
                  [(C)] (D) for fisheries managed under an 
                international agreement, reflect traditional 
                participation in the fishery, relative to other 
                nations, by fishermen of the United States[.]; 
                and
                  (E) specify a schedule for reviewing the 
                rebuilding targets, evaluating environmental 
                impacts on rebuilding progress, and evaluating 
                progress being made toward reaching rebuilding 
                targets.
          (5) If, within the 2-year period beginning on the 
        date of identification or notification that a fishery 
        is [overfished] depleted, 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) A fishery management plan, plan amendment, or 
        proposed regulations may use alternative rebuilding 
        strategies, including harvest control rules and fishing 
        mortality-rate targets to the extent they are in 
        compliance with the requirements of this Act.
          (9) A Council may terminate the application of 
        paragraph (3) to a fishery if the Council's scientific 
        and statistical committee determines and the Secretary 
        concurs that the original determination that the 
        fishery was depleted was erroneous, either--
                  (A) within the 2-year period beginning on the 
                effective date a fishery management plan, plan 
                amendment, or proposed regulation for a fishery 
                under this subsection takes effect; or
                  (B) within 90 days after the completion of 
                the next stock assessment after such 
                determination.
  (f) Miscellaneous Duties.--(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), 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 6 
                months after the date of enactment of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Reauthorization Act of 2006;
                  (B) provide 90 days for public review and 
                comments; and
                  (C) promulgate final procedures no later than 
                12 months after the date of enactment of that 
                Act.
          (4) Public participation.--The Secretary is 
        authorized and directed, in cooperation with the 
        Council on Environmental Quality and the Councils, to 
        involve the affected public in the development of 
        revised procedures, including workshops or other 
        appropriate means of public involvement.
  (i) International Overfishing.--The provisions of this 
subsection shall apply in lieu of subsection (e) to a fishery 
that the Secretary determines is [overfished] depleted or 
approaching a condition of being [overfished] depleted due to 
excessive international fishing pressure, and for which there 
are no management measures to end overfishing under an 
international agreement to which the United States is a party. 
For such fisheries--
          (1) the Secretary, in cooperation with the Secretary 
        of State, immediately take appropriate action at the 
        international level to end the overfishing; and
          (2) within 1 year after the Secretary's 
        determination, the appropriate Council, or Secretary, 
        for fisheries under section 302(a)(3) shall--
                  (A) develop recommendations for domestic 
                regulations to address the relative impact of 
                fishing vessels of the United States on the 
                stock and, if developed by a Council, the 
                Council shall submit such recommendations to 
                the Secretary; and
                  (B) develop and submit recommendations to the 
                Secretary of State, and to the Congress, for 
                international actions that will end overfishing 
                in the fishery and rebuild the affected stocks, 
                taking into account the relative impact of 
                vessels of other nations and vessels of the 
                United States on the relevant stock.

SEC. 305. OTHER REQUIREMENTS AND AUTHORITY.

  (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 or overfishing exists or that 
interim measures are needed to reduce overfishing for any 
fishery, he may promulgate emergency or overfishing 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 or overfishing 
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 or 
        overfishing 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 or 
        overfishing 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 after the 
        date of publication, and may be extended by publication 
        in the Federal Register for one additional period of 
        not more than 186 days, provided] 1 year after the date 
        of publication, and may be extended by publication in 
        the Federal Register for one additional period of not 
        more than 1 year, if 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 the 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.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 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 System 
Permits.--
          (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 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) Western alaska community development quota 
        program.--
                  (A) In general.--There is established the 
                western Alaska community development quota 
                program in order--
                          (i) to provide eligible western 
                        Alaska villages with the opportunity to 
                        participate and invest in fisheries in 
                        the Bering Sea and Aleutian Islands 
                        Management Area;
                          (ii) to support economic development 
                        in western Alaska;
                          (iii) to alleviate poverty and 
                        provide economic and social benefits 
                        for residents of western Alaska; and
                          (iv) to achieve sustainable and 
                        diversified local economies in western 
                        Alaska.
                  (B) Program allocation.--
                          (i) In general.--Except as provided 
                        in clause (ii), the annual percentage 
                        of the total allowable catch, guideline 
                        harvest level, or other annual catch 
                        limit allocated to the program in each 
                        directed fishery of the Bering Sea and 
                        Aleutian Islands shall be the 
                        percentage approved by the Secretary, 
                        or established by Federal law, as of 
                        March 1, 2006, for the program. The 
                        percentage for each fishery shall be 
                        either a directed fishing allowance or 
                        include both directed fishing and 
                        nontarget needs based on existing 
                        practice with respect to the program as 
                        of March 1, 2006, for each fishery.
                          (ii) Exceptions.--Notwithstanding 
                        clause (i)--
                                  (I) the allocation under the 
                                program for each directed 
                                fishery of the Bering Sea and 
                                Aleutian Islands (other than a 
                                fishery for halibut, sablefish, 
                                pollock, and crab) shall be a 
                                total allocation (directed and 
                                nontarget combined) of 10.7 
                                percent effective January 1, 
                                2008; and
                                  (II) the allocation under the 
                                program in any directed fishery 
                                of the Bering Sea and Aleutian 
                                Islands (other than a fishery 
                                for halibut, sablefish, 
                                pollock, and crab) established 
                                after the date of enactment of 
                                this subclause shall be a total 
                                allocation (directed and 
                                nontarget combined) of 10.7 
                                percent.
                        The total allocation (directed and 
                        nontarget combined) for a fishery to 
                        which subclause (I) or (II) applies may 
                        not be exceeded.
                          (iii) Processing and other rights.--
                        Allocations to the program include all 
                        processing rights and any other rights 
                        and privileges associated with such 
                        allocations as of March 1, 2006.
                          (iv) Regulation of harvest.--The 
                        harvest of allocations under the 
                        program for fisheries with individual 
                        quotas or fishing cooperatives shall be 
                        regulated by the Secretary in a manner 
                        no more restrictive than for other 
                        participants in the applicable sector, 
                        including with respect to the harvest 
                        of nontarget species.
                  (C) Allocations to entities.--Each entity 
                eligible to participate in the program shall be 
                authorized under the program to harvest 
                annually the same percentage of each species 
                allocated to the program under subparagraph (B) 
                that it was authorized by the Secretary to 
                harvest of such species annually as of March 1, 
                2006, except to the extent that its allocation 
                is adjusted under subparagraph (H). Such 
                allocation shall include all processing rights 
                and any other rights and privileges associated 
                with such allocations as of March 1, 2006. 
                Voluntary transfers by and among eligible 
                entities shall be allowed, whether before or 
                after harvesting. Notwithstanding the first 
                sentence of this subparagraph, seven-tenths of 
                one percent of the total allowable catch, 
                guideline harvest level, or other annual catch 
                limit, within the amount allocated to the 
                program by subclause (I) or subclause (II) of 
                subparagraph (B)(ii), shall be allocated among 
                the eligible entities by the panel established 
                in subparagraph (G), or allocated by the 
                Secretary based on the nontarget needs of 
                eligible entities in the absence of a panel 
                decision.
                  (D) Eligible villages.--The following 
                villages shall be eligible to participate in 
                the program through the following entities:
                          (i) The villages of Akutan, Atka, 
                        False Pass, Nelson Lagoon, Nikolski, 
                        and Saint George through the Aleutian 
                        Pribilof Island Community Development 
                        Association.
                          (ii) The villages of Aleknagik, 
                        Clark's Point, Dillingham, Egegik, 
                        Ekuk, Ekwok, King Salmon/Savonoski, 
                        Levelock, Manokotak, Naknek, Pilot 
                        Point, Port Heiden, Portage Creek, 
                        South Naknek, Togiak, Twin Hills, and 
                        Ugashik through the Bristol Bay 
                        Economic Development Corporation.
                          (iii) The village of Saint Paul 
                        through the Central Bering Sea 
                        Fishermen's Association.
                          (iv) The villages of Chefornak, 
                        Chevak, Eek, Goodnews Bay, Hooper Bay, 
                        Kipnuk, Kongiganak, Kwigillingok, 
                        Mekoryuk, Napakiak, Napaskiak, Newtok, 
                        Nightmute, Oscarville, Platinum, 
                        Quinhagak, Scammon Bay, Toksook Bay, 
                        Tuntutuliak, and Tununak through the 
                        Coastal Villages Region Fund.
                          (v) The villages of Brevig Mission, 
                        Diomede, Elim, Gambell, Golovin, Koyuk, 
                        Nome, Saint Michael, Savoonga, 
                        Shaktoolik, Stebbins, Teller, 
                        Unalakleet, Wales, and White Mountain 
                        through the Norton Sound Economic 
                        Development Corporation.
                          (vi) The villages of Alakanuk, 
                        Emmonak, Grayling, Kotlik, Mountain 
                        Village, and Nunam Iqua through the 
                        Yukon Delta Fisheries Development 
                        Association.
                  (E) Eligibility requirements for 
                participating entities.--To be eligible to 
                participate in the program, an entity referred 
                to in subparagraph (D) shall meet the following 
                requirements:
                          (i) Board of directors.--The entity 
                        shall be governed by a board of 
                        directors. At least 75 percent of the 
                        members of the board shall be resident 
                        fishermen from the entity's member 
                        villages. The board shall include at 
                        least one director selected by each 
                        such member village.
                          (ii) Panel representative.--The 
                        entity shall elect a representative to 
                        serve on the panel established by 
                        subparagraph (G).
                          (iii) Other investments.--The entity 
                        may make up to 20 percent of its annual 
                        investments in any combination of the 
                        following:
                                  (I) For projects that are not 
                                fishery-related and that are 
                                located in its region.
                                  (II) On a pooled or joint 
                                investment basis with one or 
                                more other entities 
                                participating in the program 
                                for projects that are not 
                                fishery-related and that are 
                                located in one or more of their 
                                regions.
                                  (III) For matching Federal or 
                                State grants for projects or 
                                programs in its member villages 
                                without regard to any 
                                limitation on the Federal or 
                                State share, or restriction on 
                                the source of any non-Federal 
                                or non-State matching funds, of 
                                any grant program under any 
                                other provision of law.
                          (iv) Fishery-related investments.--
                        The entity shall make the remainder 
                        percent of its annual investments in 
                        fisheries-related projects or for other 
                        purposes consistent with the practices 
                        of the entity prior to March 1, 2006.
                          (v) Annual statement of compliance.--
                        Each year the entity, following 
                        approval by its board of directors and 
                        signed by its chief executive officer, 
                        shall submit a written statement to the 
                        Secretary and the State of Alaska that 
                        summarizes the purposes for which it 
                        made investments under clauses (iii) 
                        and (iv) during the preceding year.
                          (vi) Other panel requirements.--The 
                        entity shall comply with any other 
                        requirements established by the panel 
                        under subparagraph (G).
                  (F) Entity status, limitations, and 
                regulation.--The entity--
                          (i) shall be subject to any excessive 
                        share ownership, harvesting, or 
                        processing limitations in the fisheries 
                        of the Bering Sea and Aleutian Islands 
                        Management Area only to the extent of 
                        the entity's proportional ownership, 
                        excluding any program allocations, and 
                        notwithstanding any other provision of 
                        law;
                          (ii) shall comply with State of 
                        Alaska law requiring annual reports to 
                        the entity's member villages 
                        summarizing financial operations for 
                        the previous calendar year, including 
                        general and administrative costs and 
                        compensation levels of the top 5 
                        highest paid personnel;
                          (iii) shall comply with State of 
                        Alaska laws to prevent fraud that are 
                        administered by the Alaska Division of 
                        Banking and Securities, except that the 
                        entity and the State shall keep 
                        confidential from public disclosure any 
                        information if the disclosure would be 
                        harmful to the entity or its 
                        investments; and
                          (iv) is exempt from compliance with 
                        any State law requiring approval of 
                        financial transactions, community 
                        development plans, or amendments 
                        thereto, except as required by 
                        subparagraph (H).
                  (G) Administrative panel.--
                          (i) Establishment.--There is 
                        established a community development 
                        quota program panel.
                          (ii) Membership.--The panel shall 
                        consist of 6 members. Each entity 
                        participating in the program shall 
                        select one member of the panel.
                          (iii) Functions.--The panel shall--
                                  (I) administer those aspects 
                                of the program not otherwise 
                                addressed in this paragraph, 
                                either through private 
                                contractual arrangement or 
                                through recommendations to the 
                                North Pacific Council, the 
                                Secretary, or the State of 
                                Alaska, as the case may be; and
                                  (II) coordinate and 
                                facilitate activities of the 
                                entities under the program.
                          (iv) Unanimity required.--The panel 
                        may act only by unanimous vote of all 6 
                        members of the panel and may not act if 
                        there is a vacancy in the membership of 
                        the panel.
                  (H) Decennial review and adjustment of entity 
                allocations.--
                          (i) In general.--During calendar year 
                        2012 and every 10 years thereafter, the 
                        State of Alaska shall evaluate the 
                        performance of each entity 
                        participating in the program based on 
                        the criteria described in clause (ii).
                          (ii) Criteria.--The panel shall 
                        establish a system to be applied under 
                        this subparagraph that allows each 
                        entity participating in the program to 
                        assign relative values to the following 
                        criteria to reflect the particular 
                        needs of its villages:
                                  (I) Changes during the 
                                preceding 10-year period in 
                                population, poverty level, and 
                                economic development in the 
                                entity's member villages.
                                  (II) The overall financial 
                                performance of the entity, 
                                including fishery and 
                                nonfishery investments by the 
                                entity.
                                  (III) Employment, 
                                scholarships, and training 
                                supported by the entity.
                                  (IV) Achieving of the goals 
                                of the entity's community 
                                development plan.
                          (iii) Adjustment of allocations.--
                        After the evaluation required by clause 
                        (i), the State of Alaska shall make a 
                        determination, on the record and after 
                        an opportunity for a hearing, with 
                        respect to the performance of each 
                        entity participating in the program for 
                        the criteria described in clause (ii). 
                        If the State determines that the entity 
                        has maintained or improved its overall 
                        performance with respect to the 
                        criteria, the allocation to such entity 
                        under the program shall be extended by 
                        the State for the next 10-year period. 
                        If the State determines that the entity 
                        has not maintained or improved its 
                        overall performance with respect to the 
                        criteria--
                                  (I) at least 90 percent of 
                                the entity's allocation for 
                                each species under subparagraph 
                                (C) shall be extended by the 
                                State for the next 10-year 
                                period; and
                                  (II) the State may determine, 
                                or the Secretary may determine 
                                (if State law prevents the 
                                State from making the 
                                determination), and implement 
                                an appropriate reduction of up 
                                to 10 percent of the entity's 
                                allocation for each species 
                                under subparagraph (C) for all 
                                or part of such 10-year period.
                          (iv) Reallocation of reduced 
                        amount.--If the State or the Secretary 
                        reduces an entity's allocation under 
                        clause (iii), the reduction shall be 
                        reallocated among other entities 
                        participating in the program whose 
                        allocations are not reduced during the 
                        same period in proportion to each such 
                        entity's allocation of the applicable 
                        species under subparagraph (C).
                  (I) Secretarial approval not required.--
                Notwithstanding any other provision of law or 
                regulation thereunder, the approval by the 
                Secretary of a community development plan, or 
                an amendment thereof, under the program is not 
                required.
                  (J) Community development plan defined.--In 
                this paragraph, the term ``community 
                development plan'' means a plan, prepared by an 
                entity referred to in subparagraph (D), for the 
                program that describes how the entity intends--
                          (i) to harvest its share of fishery 
                        resources allocated to the program, or
                          (ii) to use its share of fishery 
                        resources allocated to the program, and 
                        any revenue derived from such use, to 
                        assist its member villages with 
                        projects to advance economic 
                        development,
                but does not include a plan that allocates 
                fishery resources to the program.
          (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 and Northern Pacific Regional Marine 
Education and Training.--
          (1) In general.--The Secretary shall establish a 
        pilot program for regionally-based marine education and 
        training programs in the Western Pacific and the 
        Northern Pacific to foster understanding, practical use 
        of knowledge (including native Hawaiian, Alaskan 
        Native, and other Pacific Islander-based knowledge), 
        and technical expertise relevant to stewardship of 
        living marine resources. The Secretary shall, in 
        cooperation with the Western Pacific and the North 
        Pacific Regional Fishery Management Councils, regional 
        educational institutions, and local Western Pacific and 
        Northern Pacific community training entities, establish 
        programs or projects that will improve communication, 
        education, and training on marine resource issues 
        throughout the region and increase scientific education 
        for marine-related professions among coastal community 
        residents, including indigenous Pacific islanders, 
        Native Hawaiians, Alaskan Natives, and other 
        underrepresented groups in the region.
          (2) Program components.--The program shall--
                  (A) include marine science and technology 
                education and training programs focused on 
                preparing community residents for employment in 
                marine related professions, including marine 
                resource conservation and management, marine 
                science, marine technology, and maritime 
                operations;
                  (B) include fisheries and seafood-related 
                training programs, including programs for 
                fishery observers, seafood safety and seafood 
                marketing, focused on increasing the 
                involvement of coastal community residents in 
                fishing, fishery management, and seafood-
                related operations;
                  (C) include outreach programs and materials 
                to educate and inform consumers about the 
                quality and sustainability of wild fish or fish 
                products farmed through responsible 
                aquaculture, particularly in Hawaii, Alaska, 
                the Western Pacific, the Northern Pacific, and 
                the Central Pacific;
                  (D) include programs to identify, with the 
                fishing industry, methods and technologies that 
                will improve the data collection, quality, and 
                reporting and increase the sustainability of 
                fishing practices, and to transfer such methods 
                and technologies among fisheries sectors and to 
                other nations in the Western, Northern, and 
                Central Pacific;
                  (E) develop means by which local and 
                traditional knowledge (including Pacific 
                islander, Native Hawaiian, and Alaskan Native 
                knowledge) can enhance science-based management 
                of fishery resources of the region; and
                  (F) develop partnerships with other Western 
                Pacific Island and Alaskan agencies, academic 
                institutions, and other entities to meet the 
                purposes of this section.
  (k) Multispecies Groundfish.--
          (1) In general.--Within 60 days after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation 
        and Management Reauthorization Act of 2006, the 
        Secretary of Commerce shall determine whether fishing 
        in State waters--
                  (A) without a New England multispecies 
                groundfish fishery permit on regulated species 
                within the multispecies complex is not 
                consistent with the applicable Federal fishery 
                management plan; or
                  (B) without a Federal bottomfish and seamount 
                groundfish permit in the Hawaiian archipelago 
                on regulated species within the complex is not 
                consistent with the applicable Federal fishery 
                management plan or State data are not 
                sufficient to make such a determination.
          (2) Cure.--If the Secretary makes a determination 
        that such actions are not consistent with the plan, the 
        Secretary shall, in consultation with the Council, and 
        after notifying the affected State, develop and 
        implement measures to cure the inconsistency pursuant 
        to section 306(b).

SEC. 306. STATE JURISDICTION.

  (a) In General.--
          (1) Except as provided in subsection (b), nothing in 
        this Act shall be construed as extending or diminishing 
        the jurisdiction or authority of any State within its 
        boundaries.
          (2) For the purposes of this Act, except as provided 
        in subsection (b), the jurisdiction and authority of a 
        State shall extend--
                  (A) to any pocket of waters that is adjacent 
                to the State and totally enclosed by lines 
                delimiting the territorial sea of the United 
                States pursuant to the Geneva Convention on the 
                Territorial Sea and Contiguous Zone or any 
                successor convention to which the United States 
                is a party;
                  (B) with respect to the body of water 
                commonly known as Nantucket Sound, to the 
                pocket of water west of the seventieth meridian 
                west of Greenwich; and
                  (C) to the waters of southeastern Alaska (for 
                the purpose of regulating fishing for other 
                than any species of crab) that are--
                          (i) north of the line representing 
                        the international boundary at Dixon 
                        Entrance and the westward extension of 
                        that line; east of 138 degrees west 
                        longitude; and not more than three 
                        nautical miles seaward from the coast, 
                        from the lines extending from headland 
                        to headland across all bays, inlets, 
                        straits, passes, sounds, and entrances, 
                        and from any island or group of 
                        islands, including the islands of the 
                        Alexander Archipelago (except Forrester 
                        Island); or
                          (ii) between the islands referred to 
                        in clause (i) (except Forrester Island) 
                        and the mainland.
          (3) A State may regulate a fishing vessel outside the 
        boundaries of the State in the following circumstances:
                  (A) The fishing vessel is registered under 
                the law of that State, and (i) there is no 
                fishery management plan or other applicable 
                Federal fishing regulations for the fishery in 
                which the vessel is operating; or (ii) the 
                State's laws and regulations are consistent 
                with the fishery management plan and applicable 
                Federal fishing regulations for the fishery in 
                which the vessel is operating.
                  (B) The fishery management plan for the 
                fishery in which the fishing vessel is 
                operating delegates management of the fishery 
                to a State and the State's laws and regulations 
                are consistent with such fishery management 
                plan. If at any time the Secretary determines 
                that a State law or regulation applicable to a 
                fishing vessel under this circumstance is not 
                consistent with the fishery management plan, 
                the Secretary shall promptly notify the State 
                and the appropriate Council of such 
                determination and provide an opportunity for 
                the State to correct any inconsistencies 
                identified in the notification. If, after 
                notice and opportunity for corrective action, 
                the State does not correct the inconsistencies 
                identified by the Secretary, the authority 
                granted to the State under this subparagraph 
                shall not apply until the Secretary and the 
                appropriate Council find that the State has 
                corrected the inconsistencies. For a fishery 
                for which there was a fishery management plan 
                in place on August 1, 1996 that did not 
                delegate management of the fishery to a State 
                as of that date, the authority provided by this 
                subparagraph applies only if the Council 
                approves the delegation of management of the 
                fishery to the State by a three-quarters 
                majority vote of the voting members of the 
                Council.
                  (C) The fishing vessel is not registered 
                under the law of the State of Alaska and is 
                operating in a fishery in the exclusive 
                economic zone off Alaska for which there [was 
                no] is no fishery management plan in place [on 
                August 1, 1996], and the Secretary and the 
                North Pacific Council find that there is a 
                legitimate interest of the State of Alaska in 
                the conservation and management of such 
                fishery. The authority provided under this 
                subparagraph shall terminate when a fishery 
                management plan under this Act is approved and 
                implemented for such fishery.
  (b) Exception.--(1) If the Secretary finds, after notice and 
an opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, that--
          (A) the fishing is a fishery, which is covered by a 
        fishery management plan implemented under this Act, is 
        engaged in predominately within the exclusive economic 
        zone and beyond such zone; and
          (B) any State has taken any action, or omitted to 
        take any action, the results of which will 
        substantially and adversely affect the carrying out of 
        such fishery management plan;
the Secretary shall promptly notify such State and the 
appropriate Council of such finding and of his intention to 
regulate the applicable fishery within the boundaries of such 
State (other than its internal waters), pursuant to such 
fishery management plan and the regulations promulgated to 
implement such plan.
  (2) If the Secretary, pursuant to this subsection, assumes 
responsibility for the regulation of any fishery, the State 
involved may at any time thereafter apply to the Secretary for 
reinstatement of its authority over such fishery. If the 
Secretary finds that the reasons for which he assumed such 
regulation no longer prevail, he shall promptly terminate such 
regulation.
          (3) If the State involved requests that a hearing be 
        held pursuant to paragraph (1), the Secretary shall 
        conduct such hearing prior to taking any action under 
        paragraph (1).
  (4) Notwithstanding section 3(11), for the purposes of 
managing the recreational sector of the Gulf of Mexico red 
snapper fishery, the seaward boundary of a coastal State in the 
Gulf of Mexico is a line 9 miles seaward from the baseline from 
which the territorial sea of the United States is measured.
  (c) Exception Regarding Foreign Fish Processing in Internal 
Waters.--(1) A foreign fishing vessel may engage in fish 
processing within the internal waters of a State if, and only 
if--
          (A) the vessel is qualified for purposes of this 
        paragraph pursuant to paragraph (4)(C) or has received 
        a permit under section 204(d);
          (B) the owner or operator of the vessel applies to 
        the Governor of the State for, and (subject to 
        paragraph (2)) is granted, permission for the vessel to 
        engage in such processing and the application specifies 
        the species to be processed; and
                  (C) the owner or operator of the vessel 
                submits reports on the tonnage of fish received 
                from vessels of the United States and the 
                locations from which such fish were harvested, 
                in accordance with such procedures as the 
                Secretary by regulation shall prescribe.
  (2) The Governor of a State may not grant permission for a 
foreign fishing vessel to engage in fish processing under 
paragraph (1)--
          (A) for a fishery which occurs in the waters of more 
        than one State or in the exclusive economic zone, 
        except after--
                  (i) consulting with the appropriate Council 
                and Marine Fisheries Commission, and
                  (ii) considering any comments received from 
                the Governor of any other State where the 
                fishery occurs; and
          (B) if the Governor determines that fish processors 
        within the State have adequate capacity, and will 
        utilize such capacity, to process all of the United 
        States harvested fish from the fishery concerned that 
        are landed in the State.
  (3) Nothing in this subsection may be construed as relieving 
a foreign fishing vessel from the duty to comply with all 
applicable Federal and State laws while operating within the 
internal waters of a State incident to permission obtained 
under paragraph (1)(B).
  (4) For purposes of this subsection--
          (A) The term ``fish processing'' includes, in 
        addition to processing, the performance of any other 
        activity relating to fishing, including, but not 
        limited to, preparation, supply, storage, 
        refrigeration, or transportation.
          (B) The phrase ``internal waters of a State'' means 
        all waters within the boundaries of a State except 
        those seaward of the baseline from which the 
        territorial sea is measured.
          (C) A foreign fishing vessel shall be treated as 
        qualified for purposes of paragraph (1) if the foreign 
        nation under which it is flagged will be a party to (i) 
        a governing international fishery agreement or (ii) a 
        treaty described in section 201(b) of this Act (16 
        U.S.C. 1821(b)) during the time the vessel will engage 
        in the fish processing for which permission is sought 
        under paragraph (1)(B).

           *       *       *       *       *       *       *


SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

  (a) Fisheries Disaster Relief.--(1) (A) 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)] (i) natural causes;
          [(B)] (ii) man-made causes beyond the control of 
        fishery managers to mitigate through conservation and 
        management measures, including regulatory restrictions 
        (including those imposed as a result of judicial 
        action) imposed to protect human health or the marine 
        environment; or
          [(C) ] (iii) undetermined causes.
  (B) The Secretary shall publish the estimated cost of 
recovery from a fishery resource disaster no later than 30 days 
after the Secretary makes the determination under subparagraph 
(A) with respect to such disaster.
  (2) The Secretary shall make a decision regarding a request 
from a Governor under paragraph (1) within 90 days after 
receiving an estimate of the economic impact of the fishery 
resource disaster from the entity requesting the relief.
  [(2)] (3) 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)] (4) 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)] (5) There are authorized to be appropriated to the 
Secretary such sums as are necessary for each of the fiscal 
years 2007 through 2013.
  (b) Fishing Capacity Reduction Program.--(1) The Secretary, 
at the request of the appropriate Council for fisheries under 
the authority of such Council, 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, 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 the permit 
        authorizing the participation of the vessel in the 
        fishery is surrendered for permanent revocation and the 
        vessel owner and permit holder relinquish any claim 
        associated with the vessel or permit that could qualify 
        such owner or holder for any present or future limited 
        access system permit in the fishery for which the 
        program is established or in any other fishery and such 
        vessel is (i) scrapped, or (ii) through the Secretary 
        of the department in which the Coast Guard is 
        operating, subjected to title restrictions (including 
        loss of the vessel's fisheries endorsement) that 
        permanently prohibit and effectively prevent its use in 
        fishing in federal or state waters, or fishing on the 
        high seas or in the waters of a foreign nation; or
          (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 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.
  (5) Payment condition.--The Secretary may not make a payment 
under paragraph (2) with respect to a vessel that will not be 
scrapped unless the Secretary certifies that the vessel will 
not be used for fishing in the waters of a foreign nation or 
fishing on the high seas.
  (6) Report.--
          (A) In general.--Subject to the availability of 
        funds, the Secretary shall, within 12 months after the 
        date of the enactment of the Magnuson-Stevens Fishery 
        Conservation and Management Reauthorization Act of 2006 
        submit to the Congress a report--
                  (i) identifying and describing the 20 
                fisheries in United States waters with the most 
                severe examples of excess harvesting capacity 
                in the fisheries, based on value of each 
                fishery and the amount of excess harvesting 
                capacity as determined by the Secretary;
                  (ii) recommending measures for reducing such 
                excess harvesting capacity, including the 
                retirement of any latent fishing permits that 
                could contribute to further excess harvesting 
                capacity in those fisheries; and
                  (iii) potential sources of funding for such 
                measures.
          (B) Basis for recommendations.--The Secretary shall 
        base the recommendations made with respect to a fishery 
        on--
                  (i) the most cost effective means of 
                achieving voluntary reduction in capacity for 
                the fishery using the potential for industry 
                financing; and
                  (ii) including measures to prevent the 
                capacity that is being removed from the fishery 
                from moving to other fisheries in the United 
                States, in the waters of a foreign nation, or 
                on the high seas.
  (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 may conduct a 
referendum on such system. Prior to the referendum, the 
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 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, 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) Framework regulations.--The Secretary shall 
        propose and adopt framework regulations applicable to 
        the implementation of all programs under this section.
          (2) Program regulations.--The Secretary shall 
        implement each program under this section by 
        promulgating regulations that, together with the 
        framework regulations, establish each program and 
        control its implementation.
          (3) Harvester proponents' implementation plan.--The 
        Secretary may not propose implementation regulations 
        for a program to be paid for by an industry fee system 
        until the harvester proponents of the program provide 
        to the Secretary a proposed implementation plan that, 
        among other matters--
                  (A) proposes the types and numbers of vessels 
                or permits that are eligible to participate in 
                the program and the manner in which the program 
                shall proceed, taking into account--
                          (i) the requirements of this section;
                          (ii) the requirements of the 
                        framework regulations;
                          (iii) the characteristics of the 
                        fishery and affected fishing 
                        communities;
                          (iv) the requirements of the 
                        applicable fishery management plan and 
                        any amendment that such plan may 
                        require to support the proposed 
                        program;
                          (v) the general needs and desires of 
                        harvesters in the fishery;
                          (vi) the need to minimize program 
                        costs; and
                          (vii) other matters, including the 
                        manner in which such proponents propose 
                        to fund the program to ensure its cost 
                        effectiveness, as well as any relevant 
                        factors demonstrating the potential 
                        for, or necessary to obtain, the 
                        support and general cooperation of a 
                        substantial number of affected 
                        harvesters in the fishery (or portion 
                        of the fishery) for which the program 
                        is intended; and
                  (B) proposes procedures for program 
                participation (such as submission of owner bids 
                under an auction system or fair market-value 
                assessment), including any terms and conditions 
                for participation, that the harvester 
                proponents deem to be reasonably necessary to 
                meet the program's proposed objectives.
          (4) Participation contracts.--The Secretary shall 
        contract with each person participating in a program, 
        and each such contract shall, in addition to including 
        such other matters as the Secretary deems necessary and 
        appropriate to effectively implement each program 
        (including penalties for contract non-performance) be 
        consistent with the framework and implementing 
        regulations and all other applicable law.
          (5) Reduction auctions.--Each program not involving 
        fair market assessment shall involve a reduction 
        auction that scores the reduction price of each bid 
        offer by the data relevant to each bidder under an 
        appropriate fisheries productivity factor. If the 
        Secretary accepts bids, the Secretary shall accept 
        responsive bids in the rank order of their bid scores, 
        starting with the bid whose reduction price is the 
        lowest percentage of the productivity factor, and 
        successively accepting each additional responsive bid 
        in rank order until either there are no more responsive 
        bids or acceptance of the next bid would cause the 
        total value of bids accepted to exceed the amount of 
        funds available for the program.
          (6) Bid invitations.--Each program shall proceed by 
        the Secretary issuing invitations to bid setting out 
        the terms and conditions for participation consistent 
        with the framework and implementing regulations. Each 
        bid that the Secretary receives in response to the 
        invitation to bid shall constitute an irrevocable offer 
        from the bidder.

SEC. 313. NORTH PACIFIC FISHERIES CONSERVATION.

  (a) In General.--The North Pacific Council may prepare, in 
consultation with the Secretary, a fisheries research plan for 
any fishery under the Council's jurisdiction except a salmon 
fishery which--
          (1) requires that observers be stationed on fishing 
        vessels engaged in the catching, taking, or harvesting 
        of fish and on United States fish processors fishing 
        for or processing species under the jurisdiction of the 
        Council, including the Northern Pacific halibut 
        fishery, for the purpose of collecting data necessary 
        for the conservation, management, and scientific 
        understanding of any fisheries under the Council's 
        jurisdiction; and
          (2) establishes a system, or system, of fees, which 
        may vary by fishery, management area, or observer 
        coverage level, to pay for the cost of implementing the 
        plan.
  (b) Standards.--(1) Any plan or plan amendment prepared under 
this section shall be reasonably calculated to--
          (A) gather reliable data, by stationing observers, or 
        electronic monitoring systems, on all or a 
        statistically reliable sample of the fishing vessels 
        and United States fish processors included in the plan, 
        necessary for the conservation, management, and 
        scientific understanding of the fisheries covered by 
        the plan;
          (B) be fair and equitable to all vessels and 
        processors;
          (C) be consistent with applicable provisions of law; 
        and
          (D) take into consideration the operating 
        requirements of the fisheries and the safety of 
        observers and fishermen.
  (2) Any system of fees established under this section shall--
          (A) provide that the total amount of fees collected 
        under this section not exceed the combined cost of (i) 
        stationing observers, or electronic monitoring systems, 
        on board fishing vessels and United States fish 
        processors, (ii) the actual cost of inputting collected 
        data, and (iii) assessments necessary for a risk-
        sharing pool implemented under subsection (e) of this 
        section, less any amount received for such purpose from 
        another source or from an existing surplus in the North 
        Pacific Fishery Observer Fund established in subsection 
        (d) of this section;
          (B) be fair and equitable to all participants in the 
        fisheries under the jurisdiction of the Council, 
        including the Northern Pacific halibut fishery;
          (C) provide that fees collected not be used to pay 
        any costs of administrative overhead or other costs not 
        directly incurred in carrying out the plan;
          (D) not be used to offset amounts authorized under 
        other provisions of law;
          (E) be expressed as a fixed amount reflecting actual 
        observer costs as described in subparagraph (A) or a 
        percentage, not to exceed 2 percent, of the unprocessed 
        ex-vessel value of fish and shellfish harvested under 
        the jurisdiction of the Council, including the Northern 
        Pacific halibut fishery;
          (F) be assessed against some or all fishing vessels 
        and United States fish processors, including those not 
        required to carry an observer or an electronic 
        monitoring system under the plan, participating in 
        fisheries under the jurisdiction of the Council, 
        including the Northern Pacific halibut fishery;
          (G) provide that fees collected will be deposited in 
        the North Pacific Fishery Observer Fund established 
        under subsection (d) of this section;
          (H) provide that fees collected will only be used for 
        implementing the plan established under this section;
          (I) provide that fees collected will be credited 
        against any fee for stationing observers or electronic 
        monitoring systems on board fishing vessels and United 
        States fish processors and the actual cost of inputting 
        collected data to which a fishing vessel or fish 
        processor is subject under section 304(d) of this Act; 
        and
          (J) meet the requirements of section 9701(b) of title 
        31, United States Code.
  (c) Action by Secretary.--(1) Within 60 days after receiving 
a plan or plan amendment from the North Pacific Council under 
this section, the Secretary shall review such plan or plan 
amendment and either (A) remand such plan or plan amendment to 
the Council with comments if it does not meet the requirements 
of this section, or (B) publish in the Federal Register 
proposed regulations for implementing such plan or plan 
amendment.
  (2) During the 60-day public comment period, the Secretary 
shall conduct a public hearing in each State represented on the 
Council for the purpose of receiving public comments on the 
proposed regulations.
  (3) Within 45 days of the close of the public comment period, 
the Secretary, in consultation with the Council, shall analyze 
the public comment received and publish final regulations for 
implementing such plan.
  (4) If the Secretary remands a plan or plan amendment to the 
Council for failure to meet the requirements of this section, 
the Council may resubmit such plan or plan amendment at any 
time after taking action the Council believes will address the 
defects identified by the Secretary. Any plan or plan amendment 
resubmitted to the Secretary will be treated as an original 
plan submitted to the Secretary under paragraph (1) of this 
subsection.
  (d) Fishery Observer Fund.--There is established in the 
Treasury a North Pacific Fishery Observer Fund. The Fund shall 
be available, without appropriation or fiscal year limitation, 
only to the Secretary for the purpose of carrying out the 
provisions of this section, subject to the restrictions in 
subsection (b)(2) of this section. The Fund shall consist of 
all monies deposited into it in accordance with this section. 
Sums in the Fund that are not currently needed for the purposes 
of this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
  (e) Special Provisions Regarding Observers.--(1) The 
Secretary shall review--
          (A) the feasibility of establishing a risk sharing 
        pool through a reasonable fee, subject to the 
        limitations of subsection (b)(2)(E) of this section, to 
        provide coverage for vessels and owners against 
        liability from civil suits by observers, and
          (B) the availability of comprehensive commercial 
        insurance for vessel and owner liability against civil 
        suits by observers.
  (2) If the Secretary determines that a risk sharing pool is 
feasible, the Secretary shall establish such a pool, subject to 
the provisions of subsection (b)(2) of this section, unless the 
Secretary determines that--
          (A) comprehensive commercial insurance is available 
        for all fishing vessels and United States fish 
        processors required to have observers under the 
        provisions of this section, and
          (B) such comprehensive commercial insurance will 
        provide a greater measure of coverage at a lower cost 
        to each participant.
  (f) Bycatch Reduction.--In implementing section 303(a)(11) 
and this section, the North Pacific Council shall submit 
conservation and management measures to lower, on an annual 
basis for a period of not less than four years, the total 
amount of economic discards occurring in the fisheries under 
its jurisdiction.
  (g) Bycatch Reduction Incentives.--(1) Notwithstanding 
section 304(d), the North Pacific Council may submit, and the 
Secretary may approve, consistent with the provisions of this 
Act, a system of fines in a fishery to provide incentives to 
reduce bycatch and bycatch rates; except that such fines shall 
not exceed $25,000 per vessel per season. Any fines collected 
shall be deposited in the North Pacific Fishery Observer Fund, 
and may be made available by the Secretary to offset costs 
related to the reduction of bycatch in the fishery from which 
such fines were derived, including conservation and management 
measures and research, and to the State of Alaska to offset 
costs incurred by the State in the fishery from which such 
penalties were derived or in fisheries in which the State is 
directly involved in management or enforcement and which are 
directly affected by the fishery from which such penalties were 
derived.
  (2)(A) Notwithstanding section 303(d), and in addition to the 
authority provided in section 303(b)(10), the North Pacific 
Council may submit, and the Secretary may approve, conservation 
and management measures which provide allocations of regulatory 
discards to individual fishing vessels as an incentive to 
reduce per vessel bycatch and bycatch rates in a 
fishery,Provided, That--
          (i) such allocations may not be transferred for 
        monetary consideration and are made only on an annual 
        basis; and
          (ii) any such conservation and management measures 
        will meet the requirements of subsection (h) and will 
        result in an actual reduction in regulatory discards in 
        the fishery.
  (B) The North Pacific Council may submit restrictions in 
addition to the restriction imposed by clause (i) of 
subparagraph (A) on the transferability of any such 
allocations, and the Secretary may approve such recommendation.
  (h) Catch Measurement.--(1) By June 1, 1997 the North Pacific 
Council shall submit, and the Secretary may approve, consistent 
with the other provisions of this Act, conservation and 
management measures to ensure total catch measurement in each 
fishery under the jurisdiction of such Council. Such measures 
shall ensure the accurate enumeration, at a minimum, of target 
species, economic discards, and regulatory discards.
  (2) To the extent the measures submitted under paragraph (1) 
do not require United States fish processors and fish 
processing vessels (as defined in chapter 21 of title 46, 
United States Code) to weigh fish, the North Pacific Council 
and the Secretary shall submit a plan to the Congress by 
January 1, 1998, to allow for weighing, including 
recommendations to assist such processors and processing 
vessels in acquiring necessary equipment, unless the Council 
determines that such weighing is not necessary to meet the 
requirements of this subsection.
  (i) Full Retention and Utilization.--(1) The North Pacific 
Council shall submit to the Secretary by October 1, 1998 a 
report on the advisability of requiring the full retention by 
fishing vessels and full utilization by United States fish 
processors of economic discards in fisheries under its 
jurisdiction if such economic discards, or the mortality of 
such economic discards, cannot be avoided. The report shall 
address the projected impacts of such requirements on 
participants in the fishery and describe any full retention and 
full utilization requirements that have been implemented.
  (2) The report shall address the advisability of measures to 
minimize processing waste, including standards setting minimum 
percentages which must be processed for human consumption. For 
the purpose of the report, ``processing waste'' means that 
portion of any fish which is processed and which could be used 
for human consumption or other commercial use, but which is not 
so used.
  (j) Bering Sea and Aleutian Islands Crab Rationalization.--
          (1) By not later than January 1, 2005, the Secretary 
        shall approve and hereafter implement by regulation the 
        Voluntary Three-Pie Cooperative Program for crab 
        fisheries of the Bering Sea and Aleutian Islands 
        approved by the North Pacific Fishery Management 
        Council between June 2002 and April 2003, and all 
        trailing amendments including those reported to 
        Congress on May 6, 2003. This section shall not 
        preclude the Secretary from approving by January 1, 
        2005, and implementing any subsequent program 
        amendments approved by the Council.
          (2) Notwithstanding any other provision of this Act, 
        in carrying out paragraph (1) the Secretary shall 
        approve all parts of the Program referred to in such 
        paragraph. Further, no part of such Program may be 
        implemented if, as approved by the North Pacific 
        Fishery Management Council, individual fishing quotas, 
        processing quotas, community development quota 
        allocation, voluntary cooperatives, binding 
        arbitration, regional landing and processing 
        requirements, community protections, economic data 
        collection, or the loan program for crab fishing vessel 
        captains and crew members, is invalidated subject to a 
        judicial determination not subject to judicial appeal. 
        If the Secretary determines that a processor has 
        leveraged its Individual Processor Quota shares to 
        acquire a harvesters open-delivery ``B shares'', the 
        processor's Individual Processor Quota shares shall be 
        forfeited.
          (3) Subsequent to implementation pursuant to 
        paragraph (1), the Council may submit and the Secretary 
        may implement changes to or repeal of conservation and 
        management measures, including measures authorized in 
        this section, for crab fisheries of the Bering Sea and 
        Aleutian Islands in accordance with applicable law, 
        including this Act as amended by this subsection, to 
        achieve on a continuing basis the purposes identified 
        by the Council.
          (4) The loan program referred to in paragraph (2) 
        shall be carried out pursuant to the authority of 
        sections 1111 and 1112 of title XI of the Merchant 
        Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g).
          (5) For purposes of implementing this section 
        $1,000,000 shall be made available each year until 
        fully implemented from funds otherwise made available 
        to the National Marine Fisheries Service for Alaska 
        fisheries activities.
          (6) Nothing in this Act shall constitute a waiver, 
        either express or implied, of the antitrust laws of the 
        United States. The Secretary, in consultation with the 
        Department of Justice and the Federal Trade Commission, 
        shall develop and implement a mandatory information 
        collection and review process to provide any and all 
        information necessary for the Department of Justice and 
        the Federal Trade Commission to determine whether any 
        illegal acts of anti-competition, anti-trust, or price 
        collusion have occurred among persons receiving 
        individual processing quotas under the Program. The 
        Secretary may revoke any individual processing quota 
        held by any person found to have violated a provision 
        of the antitrust laws of the United States.
          (7) An individual processing quota issued under the 
        Program shall be considered a permit for the purposes 
        of sections 307, 308, and 309, and may be revoked or 
        limited at any time in accordance with this Act. 
        Issuance of an individual processing quota under the 
        program shall not confer any right of compensation to 
        the holder of such individual processing quota if it is 
        revoked or limited and shall not create, or be 
        construed to create, any right, title, or interest in 
        or to any fish before the fish is purchased from an 
        individual fishing quota holder.
          (8) The restriction on the collection of economic 
        data in section 303 shall not apply with respect to any 
        fish processor who is eligible for, or who has 
        received, individual processing quota under the 
        Program. The restriction on the disclosure of 
        information in section 402(b)(1) shall not apply when 
        the information is used to determine eligibility for or 
        compliance with an individual processing quota program.
          (9) The provisions of sections 308, 310, and 311 
        shall apply to the processing facilities and fish 
        products of any person holding individual processing 
        quota, and the provisions of subparagraphs (D), (E), 
        and (L) of section 307(l) shall apply to any facility 
        owned or controlled by a person holding individual 
        processing quota.
  (k) Arctic Community Development Quota.--If the North Pacific 
Fishery Management Council issues a fishery management plan for 
the exclusive economic zone in the Arctic Ocean, or an 
amendment to the Fishery Management Plan for Fish Resources of 
the Arctic Management Area issued by such Council, that makes 
available to commercial fishing, and establishes a sustainable 
harvest level, for any part of such zone, the Council shall set 
aside not less than 10 percent of the total allowable catch 
therein as a community development quota for coastal villages 
located north and east of the Bering Strait.

SEC. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT PROGRAM.

  (a) Program.--(1) Not later than October 1, 1993, the 
Secretary shall establish a Northwest Atlantic Ocean Fisheries 
Reinvestment Program for the purposes of--
          (A) promoting development of commercial fisheries and 
        markets for underutilized species of the northwest 
        Atlantic Ocean;
          (B) developing alternative fishing opportunities for 
        participants in the New England groundfish fishery;
          (C) providing technical support and assistance to 
        United States fishermen and fish processors to improve 
        the value-added processing of underutilized species and 
        to make participation in fisheries for underutilized 
        species of the northwest Atlantic Ocean economically 
        viable;
          (D) creating new economic opportunities through the 
        improved processing and expanded use of fish waste; and
          (E) helping to restore [overfished] depleted New 
        England groundfish stocks through aquaculture or 
        hatchery programs.
  (2) Consultation.--In establishing and implementing the 
Northwest Fisheries Reinvestment Program, the Secretary shall 
consult with representatives of the commercial fishing 
industry, the seafood processing industry, and the academic 
community (including the National Sea Grant Program).
  (3) Activities Under Program.--Subject to the availability of 
appropriations, the Secretary shall award contracts, grants and 
other financial assistance to United States citizens to carry 
out the purposes of subsection (1), under the terms and 
conditions provided in section 2(c) of the Act of August 11, 
1939 (15 U.S.C. 713c-3(c); commonly referred to as the 
``Saltonstall-Kennedy Act''), except that, in making awards 
under this section for projects involving participation in 
fisheries for underutilized species, the Secretary shall give 
the highest priority to a person who owns or operates a fishing 
vessel permitted under this Act to participate in the New 
England groundfish fishery who agrees to surrender that permit 
to the Secretary during the duration of the contract, grant or 
other assistance.
  (4) Authorization of Appropriations.--There are authorized to 
be appropriated $5,000,000 for each of fiscal years 1993 
through 1999 to carry out the purposes of this section. For 
fiscal year 1993 no more than $1,000,000, and for fiscal year 
1994 no more than $2,000,000, of such funds may be provided 
from monies made available under section 2(b) of the Act of 
August 11, 1939 (15 U.S.C. 713c-3(b)).
  (b) Assistance of Other Agencies.--The Secretary shall 
actively seek the assistance of other Federal agencies in the 
development of fisheries for underutilized species of the 
northwest Atlantic Ocean, including, to the extent permitted by 
other applicable laws, assistance from the Secretary of 
Agriculture in including such underutilized species as 
agricultural commodities in the programs of the Foreign 
Agricultural Service for which amounts are authorized under the 
Food, Agriculture, Conservation, and Trade Act of 1990 (Public 
Law 101-624; 104 Stat. 3359).
  (c) Management Plans for Underutilized Species.--The New 
England Fishery Management Council, in consultation with other 
appropriate Councils, shall develop fishery management plans as 
soon as possible for any underutilized species of the northwest 
Atlantic Ocean that is not covered under such a plan, in order 
to prevent overfishing of that species.
  (d) Underutilized Species Defined.--For purposes of this 
section, the term ``underutilized species of the northwest 
Atlantic Ocean'' means any fish species of the northwest 
Atlantic Ocean that is identified, by the Director of the 
Northeast Fisheries Center of the National Marine Fisheries 
Service, as an underutilized species.

           *       *       *       *       *       *       *


SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

  (a) In General.--(1) The Secretary of Commerce, in 
consultation with the Councils, shall establish a cooperative 
research and management program to address needs identified 
under this Act and under any other marine resource laws 
enforced by the Secretary. The program shall be implemented on 
a regional basis and shall be developed and conducted through 
partnerships among Federal, State, and Tribal managers and 
scientists (including interstate fishery commissions), fishing 
industry participants (including use of commercial charter or 
recreational vessels for gathering data), and educational 
institutions.
  (2) Within one year after the date of enactment of the 
Strengthening Fishing Communities and Increasing Flexibility in 
Fisheries Management Act, and after consultation with the 
Councils, the Secretary shall publish a plan for implementing 
and conducting the program established in paragraph (1). Such 
plan shall identify and describe critical regional fishery 
management and research needs, possible projects that may 
address those needs, and estimated costs for such projects. The 
plan shall be revised and updated every 5 years, and updated 
plans shall include a brief description of projects that were 
funded in the prior 5-year period and the research and 
management needs that were addressed by those projects.
  (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] Priorities.--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.] --
                  (A) the use of fishing vessels or acoustic or 
                other marine technology;
                  (B) expanding the use of electronic catch 
                reporting programs and technology; and
                  (C) improving monitoring and observer 
                coverage through the expanded use of electronic 
                monitoring devices.
          (2) Projects to assess the amount and type of bycatch 
        or post-release mortality occurring in a fishery.
          (3) Conservation engineering projects designed to 
        reduce bycatch, including avoidance of post-release 
        mortality, reduction of bycatch in high seas fisheries, 
        and transfer of such fishing technologies to other 
        nations.
          (4) Projects for the identification of habitat areas 
        of particular concern and for habitat conservation.
          (5) Projects designed to collect and compile economic 
        and social data.
  (d) Experimental Permitting Process.--Not later than 180 days 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006, the 
Secretary, in consultation with the Councils, shall promulgate 
regulations that create an expedited, uniform, and regionally-
based process to promote issuance, where practicable, of 
experimental fishing permits.
  (e) Guidelines.--The Secretary, in consultation with the 
Councils, shall establish guidelines to ensure that 
participation in a research project funded under this section 
does not result in loss of a participant's catch history or 
unexpended days-at-sea as part of a limited entry system.
  (f) Exempted Projects.--The procedures of this section shall 
not apply to research funded by quota set-asides in a fishery.

           *       *       *       *       *       *       *


               TITLE IV--FISHERY MONITORING AND RESEARCH

SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.

  (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) Recreational Fisheries.--
          (1) Federal program.--The Secretary shall establish 
        and implement a regionally based registry program for 
        recreational fishermen in each of the 8 fishery 
        management regions. The program, which shall not 
        require a fee before January 1, 2011, shall provide 
        for--
                  (A) the registration (including 
                identification and contact information) of 
                individuals who engage in recreational 
                fishing--
                          (i) in the Exclusive Economic Zone;
                          (ii) for anadromous species; or
                          (iii) for Continental Shelf fishery 
                        resources beyond the Exclusive Economic 
                        Zone; and
                  (B) if appropriate, the registration 
                (including the ownership, operator, and 
                identification of the vessel) of vessels used 
                in such fishing.
          (2) State programs.--The Secretary shall exempt from 
        registration under the program recreational fishermen 
        and charter fishing vessels licensed, permitted, or 
        registered under the laws of a State if the Secretary 
        determines that information from the State program is 
        suitable for the Secretary's use or is used to assist 
        in completing marine recreational fisheries statistical 
        surveys, or evaluating the effects of proposed 
        conservation and management measures for marine 
        recreational fisheries.
          (3) Data collection.--
                  (A) Improvement of the marine recreational 
                fishery statistics survey.--Within 24 months 
                after the date of enactment of the Magnuson-
                Stevens Fishery Conservation and Management 
                Reauthorization Act of 2006, the Secretary, in 
                consultation with representatives of the 
                recreational fishing industry and experts in 
                statistics, technology, and other appropriate 
                fields, shall establish a program to improve 
                the quality and accuracy of information 
                generated by the Marine Recreational Fishery 
                Statistics Survey, with a goal of achieving 
                acceptable accuracy and utility for each 
                individual fishery.
                  (B) NRC report recommendations.--The program 
                shall take into consideration and, to the 
                extent feasible, implement the recommendations 
                of the National Research Council in its report 
                Review of Recreational Fisheries Survey Methods 
                (2006), including--
                          (i) redesigning the Survey to improve 
                        the effectiveness and appropriateness 
                        of sampling and estimation procedures, 
                        its applicability to various kinds of 
                        management decisions, and its 
                        usefulness for social and economic 
                        analyses; and
                          (ii) providing for ongoing technical 
                        evaluation and modification as needed 
                        to meet emerging management needs.
                  (C) Methodology.--Unless the Secretary 
                determines that alternate methods will achieve 
                this goal more efficiently and effectively, the 
                program shall, to the extent possible, 
                include--
                          (i) an adequate number of intercepts 
                        to accurately estimate recreational 
                        catch and effort;
                          (ii) use of surveys that target 
                        anglers registered or licensed at the 
                        State or Federal level to collect 
                        participation and effort data;
                          (iii) collection and analysis of 
                        vessel trip report data from charter 
                        fishing vessels;
                          (iv) development of a weather 
                        corrective factor that can be applied 
                        to recreational catch and effort 
                        estimates; and
                          (v) an independent committee composed 
                        of recreational fishermen, academics, 
                        persons with expertise in stock 
                        assessments and survey design, and 
                        appropriate personnel from the National 
                        Marine Fisheries Service to review the 
                        collection estimates, geographic, and 
                        other variables related to dockside 
                        intercepts and to identify deficiencies 
                        in recreational data collection, and 
                        possible correction measures.
                  (D) Deadline.--The Secretary shall complete 
                the program under this paragraph and implement 
                the improved Marine Recreational Fishery 
                Statistics Survey not later than January 1, 
                2009.
          (4) Federal-state partnerships.--
                  (A) Establishment.--The Secretary shall 
                establish partnerships with States to develop 
                best practices for implementation of State 
                programs established pursuant to paragraph (2).
                  (B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that 
                details best practices for administering State 
                programs pursuant to paragraph (2), and provide 
                such guidance to the States.
                  (C) Biennial report.--The Secretary shall 
                submit to the Congress and publish biennial 
                reports that include--
                          (i) the estimated accuracy of the 
                        registry program established under 
                        paragraph (1) and of State programs 
                        that are exempted under paragraph (2);
                          (ii) priorities for improving 
                        recreational fishing data collection; 
                        and
                          (iii) an explanation of any use of 
                        information collected by such State 
                        programs and by the Secretary, 
                        including a description of any 
                        consideration given to the information 
                        by the Secretary.
                  (D) States grant program.--The Secretary 
                shall make grants to States to improve 
                implementation of State programs consistent 
                with this subsection. The Secretary shall 
                prioritize such grants based on the ability of 
                the grant to improve the quality and accuracy 
                of such programs.
          [(4)] (5) 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.
          (6) Study on program implementation.--
                  (A) In general.--Not later than 60 days after 
                the enactment of this paragraph, the Secretary 
                shall enter into an agreement with the National 
                Research Council of the National Academy of 
                Sciences to study the implementation of the 
                programs described in this section. The study 
                shall--
                          (i) provide an updated assessment of 
                        recreational survey methods established 
                        or improved since the publication of 
                        the Council's report ``Review of 
                        Recreational Fisheries Survey Methods 
                        (2006)'';
                          (ii) evaluate the extent to which the 
                        recommendations made in that report 
                        were implemented pursuant to paragraph 
                        (3)(B); and
                          (iii) examine any limitations of the 
                        Marine Recreational Fishery Statistics 
                        Survey and the Marine Recreational 
                        Information Program established under 
                        paragraph (1).
                  (B) Report.--Not later than 1 year after 
                entering into an agreement under subparagraph 
                (A), the Secretary shall submit a report to 
                Congress on the results of the study under 
                subparagraph (A).

SEC. 402. INFORMATION COLLECTION.

  (a) Collection Programs.--
          (1) Council requests.--If a Council determines that 
        additional information 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 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 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, a 
        State fishery management agency, or a marine fisheries 
        commission by any person in compliance with the 
        requirements of this Act shall be confidential and 
        shall not be disclosed except--
                  (A) to Federal employees and Council 
                employees who are responsible for fishery 
                management plan development, monitoring, or 
                enforcement;
                  [(B) to State or Marine Fisheries Commission 
                employees as necessary to further the 
                Department's mission, subject to a 
                confidentiality agreement that prohibits public 
                disclosure of the identity of business of any 
                person;]
                  (B) to State or Marine Fisheries Commission 
                employees as necessary for achievement of the 
                purposes of this Act, subject to a 
                confidentiality agreement between the State or 
                Commission, respectively, and the Secretary 
                that prohibits public disclosure of the 
                identity of any person and of confidential 
                information;
                  (C) to State employees who are responsible 
                for fishery management plan enforcement, if the 
                States employing those employees have entered 
                into a fishery enforcement agreement with the 
                Secretary and the agreement is in effect;
                  (D) when required by court order;
                  (E) when such information is used by State, 
                Council, or Marine Fisheries Commission 
                employees to verify catch under a [limited 
                access] catch share program, but only to the 
                extent that such use is consistent with 
                subparagraph (B);
                  (F) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to 
                persons for reasons not otherwise provided for 
                in this subsection, and such release does not 
                violate other requirements of this Act;
                  (G) when such information is required to be 
                submitted to the Secretary for any 
                determination under a [limited access] catch 
                share program; or
                  (H) in support of homeland and national 
                security activities, including the Coast 
                Guard's homeland security missions as defined 
                in section 888(a)(2) of the Homeland Security 
                Act of 2002 (6 U.S.C. 468(a)(2)).
          (2) Any observer information, and information 
        obtained through a vessel monitoring system or other 
        technology used onboard a fishing vessel for 
        enforcement or data collection purposes, shall be 
        confidential and shall not be disclosed, except in 
        accordance with the requirements of subparagraphs (A) 
        through (H) of paragraph (1), or--
                  (A) as authorized by a fishery management 
                plan or regulations under the authority of the 
                North Pacific Council to allow disclosure to 
                the public of weekly summary bycatch 
                information identified by vessel or for haul-
                specific bycatch information without vessel 
                identification;
                  (B) when such information is necessary in 
                proceedings to adjudicate observer 
                certifications; [or]
                  [(C) as authorized by any regulations issued 
                under paragraph (3) allowing the collection of 
                observer information, pursuant to a 
                confidentiality agreement between the 
                observers, observer employers, and the 
                Secretary prohibiting disclosure of the 
                information by the observers or observer 
                employers, in order--
                          [(i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as 
                        necessary to train and prepare 
                        observers for deployments on specific 
                        vessels; or
                          [(ii) to validate the accuracy of the 
                        observer information collected.]
                  (C) as authorized by any regulations issued 
                under paragraph (6) 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; or
                  (D) to other persons if the Secretary has 
                obtained written authorization from the person 
                who submitted such information or from the 
                person on whose vessel the information was 
                collected, to release such information for 
                reasons not otherwise provided for in this 
                subsection.
          (3) Any information submitted to the Secretary, a 
        State fisheries management agency, or a Marine 
        Fisheries Commission by any person in compliance with 
        the requirements of this Act, including confidential 
        information, may only be used for purposes of fisheries 
        management and monitoring and enforcement under this 
        Act.
          (4) The Secretary may enter into a memorandum of 
        understanding with the heads of other Federal agencies 
        for the sharing of confidential information to ensure 
        safety of life at sea or for fisheries enforcement 
        purposes, including information obtained through a 
        vessel monitoring system or other electronic 
        enforcement and monitoring systems, if--
                  (A) the Secretary determines there is a 
                compelling need to do so; and
                  (B) the heads of the other Federal agencies 
                agree--
                          (i) to maintain the confidentiality 
                        of the information in accordance with 
                        the requirements that apply to the 
                        Secretary under this section; and
                          (ii) to use the information only for 
                        the purposes for which it was shared 
                        with the agencies.
          (5) The Secretary may not provide any vessel-specific 
        or aggregate vessel information from a fishery that is 
        collected for monitoring and enforcement purposes to 
        any person for the purposes of coastal and marine 
        spatial planning under Executive Order 13547, unless 
        the Secretary determines that providing such 
        information is important for maintaining or enhancing 
        national security or for ensuring fishermen continued 
        access to fishing grounds.
          [(3)] (6) 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 (2)(A).
  (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.
  (4) The Secretary shall require that in the hiring of 
individuals to collect information regarding marine 
recreational fishing under this subsection, preference shall be 
given to individuals who are students studying water resource 
issues at an institution of higher education.

           *       *       *       *       *       *       *


SEC. 404. FISHERIES RESEARCH.

  (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 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.
  (e) Use of the Asset Forfeiture Fund for Fishery Independent 
Data Collection.--
          (1) In general.--
                  (A) The Secretary, subject to appropriations, 
                may obligate for data collection purposes in 
                accordance with prioritizations under paragraph 
                (3) a portion of amounts received by the United 
                States as fisheries enforcement penalties.
                  (B) Amounts may be obligated under this 
                paragraph only in the fishery management region 
                with respect to which they are collected.
          (2) Included purposes.--The purposes referred to in 
        paragraph (1) include--
                  (A) the use of State personnel and resources, 
                including fishery survey vessels owned and 
                maintained by States to survey or assess data-
                poor fisheries for which fishery management 
                plans are in effect under this Act; and
                  (B) cooperative research activities 
                authorized under section 318 to improve or 
                enhance the fishery independent data used in 
                fishery stock assessments.
          (3) Data-poor fisheries priority lists.--Each Council 
        shall--
                  (A) identify those fisheries in its region 
                considered to be data-poor fisheries;
                  (B) prioritize those fisheries based on the 
                need of each fishery for up-to-date 
                information; and
                  (C) provide those priorities to the 
                Secretary.
          (4) Definitions.--In this subsection:
                  (A) The term ``data-poor fishery'' means a 
                fishery--
                          (i) that has not been surveyed in the 
                        preceding 5-year period;
                          (ii) for which a fishery stock 
                        assessment has not been performed 
                        within the preceding 5-year period; or
                          (iii) for which limited information 
                        on the status of the fishery is 
                        available for management purposes.
                  (B) The term ``fisheries enforcement 
                penalties'' means any fine or penalty imposed, 
                or proceeds of any property seized, for a 
                violation of this Act or of any other marine 
                resource law enforced by the Secretary.
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary for each 
        fiscal year to carry out this subsection up to 80 
        percent of the fisheries enforcement penalties 
        collected during the preceding fiscal year.

SEC. 405. INCIDENTAL HARVEST RESEARCH.

  (a) Collection of Information.--Within nine months after the 
date of enactment of the Sustainable Fisheries Act, the 
Secretary shall, after consultation with the Gulf Council and 
South Atlantic Council, conclude the collection of information 
in the program to assess the impact on fishery resources of 
incidental harvest by the shrimp trawl fishery within the 
authority of such Councils. Within the same time period, the 
Secretary shall make available to the public aggregated 
summaries of information collected prior to June 30, 1994 under 
such program.
  (b) Identification of Stock.--The program concluded pursuant 
to subsection (a) shall provide for the identification of 
stocks of fish which are subject to significant incidental 
harvest in the course of normal shrimp trawl fishing activity.
  (c) Collection and Assessment of Specific Stock 
Information.--For stocks of fish identified pursuant to 
subsection (b), with priority given to stocks which (based upon 
the best available scientific information) are considered to be 
[overfished] depleted, the Secretary shall conduct--
          (1) a program to collect and evaluate information on 
        the nature and extent (including the spatial and 
        temporal distribution) of incidental mortality of such 
        stocks as a direct result of shrimp trawl fishing 
        activities;
          (2) an assessment of the status and condition of such 
        stocks, including collection of information which would 
        allow the estimation of life history parameters with 
        sufficient accuracy and precision to support sound 
        scientific evaluation of the effects of various 
        management alternatives on the status of such stocks; 
        and
          (3) a program of information collection and 
        evaluation for such stocks on the magnitude and 
        distribution of fishing mortality and fishing effort by 
        sources of fishing mortality other than shrimp trawl 
        fishing activity.
  (d) Bycatch Reduction Program.--Not later than 12 months 
after the enactment of the Sustainable Fisheries Act, the 
Secretary shall, in cooperation with affected interests, and 
based upon the best scientific information available, complete 
a program to--
          (1) develop technological devices and other changes 
        in fishing operations necessary and appropriate to 
        minimize the incidental mortality of bycatch in the 
        course of shrimp trawl activity to the extent 
        practicable, taking into account the level of bycatch 
        mortality in the fishery on November 28, 1990;
          (2) evaluate the ecological impacts and the benefits 
        and costs of such devices and changes in fishing 
        operations; and
          (3) assess whether it is practicable to utilize 
        bycatch which is not avoidable.
  (e) Report to Congress.--The Secretary shall, within one year 
of completing the programs required by this section, submit a 
detailed report on the results of such programs to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of 
Representatives.
  (f) Implementation Criteria.--To the extent practicable, any 
conservation and management measure implemented under this Act 
to reduce the incidental mortality of bycatch in the course of 
shrimp trawl fishing shall be consistent with--
          (1) measures applicable to fishing throughout the 
        range in United States waters of the bycatch species 
        concerned; and
          (2) the need to avoid any serious adverse 
        environmental impacts on such bycatch species or the 
        ecology of the affected area.

           *       *       *       *       *       *       *


[SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.

  [(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 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 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 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. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
                    MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

  (a) In General.--The Gulf States Marine Fisheries Commission 
shall conduct all fishery stock assessments used for management 
purposes by the Gulf of Mexico Fishery Management Council for 
the fisheries managed under the Council's Reef Fish Management 
Plan.
  (b) Use of Other Information and Assets.--
          (1) In general.--Such fishery assessments shall--
                  (A) incorporate fisheries survey information 
                collected by university researchers; and
                  (B) to the extent practicable, use State, 
                university, and private assets to conduct 
                fisheries surveys.
          (2) Surveys at artificial reefs.--Any such fishery 
        stock assessment conducted after the date of the 
        enactment of the Strengthening Fishing Communities and 
        Increasing Flexibility in Fisheries Management Act 
        shall incorporate fishery surveys conducted, and other 
        relevant fisheries information collected, on and around 
        natural and artificial reefs.
  (c) Constituent and Stakeholder Participation.--Each such 
fishery assessment shall--
          (1) emphasize constituent and stakeholder 
        participation in the development of the assessment;
          (2) contain all of the raw data used in the 
        assessment and a description of the methods used to 
        collect that data; and
          (3) employ an assessment process that is transparent 
        and includes--
                  (A) includes a rigorous and independent 
                scientific review of the completed fishery 
                stock assessment; and
                  (B) a panel of independent experts to review 
                the data and assessment and make 
                recommendations on the most appropriate values 
                of critical population and management 
                quantities.
                              ----------                              


AMERICAN FISHERIES ACT

           *       *       *       *       *       *       *



DIVISION C--OTHER MATTERS

           *       *       *       *       *       *       *



TITLE II--FISHERIES

           *       *       *       *       *       *       *


Subtitle II--Bering Sea Pollock Fishery

           *       *       *       *       *       *       *



SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

  (a) Public Notice.--(1) Any contract implementing a fishery 
cooperative under section 1 of the Act of June 25, 1934 (15 
U.S.C. 521) in the directed pollock fishery and any material 
modifications to any such contract shall be filed not less than 
30 days prior to the start of fishing under the contract with 
the North Pacific Council and with the Secretary, together with 
a copy of a letter from a party to the contract requesting a 
business review letter on the fishery cooperative from the 
Department of Justice and any response to such request. 
Notwithstanding section 402 of the Magnuson-Stevens Act (16 
U.S.C. 1881a) or any other provision of law, but taking into 
account the interest of parties to any such contract in 
protecting the confidentiality of proprietary information, the 
North Pacific Council and Secretary shall--
          (A) make available to the public such information 
        about the contract, contract modifications, or fishery 
        cooperative the North Pacific Council and Secretary 
        deem appropriate, which at a minimum shall include a 
        list of the parties to the contract, a list of the 
        vessels involved, and the amount of pollock and other 
        fish to be harvested by each party to such contract; 
        and
          (B) make available to the public in such manner as 
        the North Pacific Council and Secretary deem 
        appropriate information about the harvest by vessels 
        under a fishery cooperative of all species (including 
        bycatch) in the directed pollock fishery on a vessel-
        by-vessel basis.
  (b) Catcher Vessels Onshore.--
          (1) Catcher vessel cooperatives.--Effective January 
        1, 2000, upon the filing of a contract implementing a 
        fishery cooperative under subsection (a) which--
                  (A) is signed by the owners of 80 percent or 
                more of the qualified catcher vessels that 
                delivered pollock for processing by a shoreside 
                processor in the directed pollock fishery in 
                the year prior to the year in which the fishery 
                cooperative will be in effect; and
                  (B) specifies, except as provided in 
                paragraph (6), that such catcher vessels will 
                deliver pollock in the directed pollock fishery 
                only to such shoreside processor during the 
                year in which the fishery cooperative will be 
                in effect and that such shoreside processor has 
                agreed to process such pollock,
        the Secretary shall allow only such catcher vessels 
        (and catcher vessels whose owners voluntarily 
        participate pursuant to paragraph (2)) to harvest the 
        aggregate percentage of the directed fishing allowance 
        under section 206(b)(1) in the year in which the 
        fishery cooperative will be in effect that is 
        equivalent to the aggregate total amount of pollock 
        harvested by such catcher vessels (and by such catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) in the directed pollock fishery for 
        processing by the inshore component during 1995, 1996, 
        and 1997 relative to the aggregate total amount of 
        pollock harvested in the directed pollock fishery for 
        processing by the inshore component during such years 
        and shall prevent such catcher vessels (and catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) from harvesting in aggregate in 
        excess of such percentage of such directed fishing 
        allowance.
          (2) Voluntary participation.--Any contract 
        implementing a fishery cooperative under paragraph (1) 
        must allow the owners of other qualified catcher 
        vessels to enter into such contract after it is filed 
        and before the calender year in which fishing will 
        begin under the same terms and conditions as the owners 
        of the qualified catcher vessels who entered into such 
        contract upon filing.
          (3) Qualified catcher vessel.--For the purposes of 
        this subsection, a catcher vessel shall be considered a 
        ``qualified catcher vessel'' if, during the year prior 
        to the year in which the fishery cooperative will be in 
        effect, it delivered more pollock to the shoreside 
        processor to which it will deliver pollock under the 
        fishery cooperative in paragraph (1) than to any other 
        shoreside processor.
          (4) Consideration of certain vessels.--Any contract 
        implementing a fishery cooperative under paragraph (1) 
        which has been entered into by the owner of a qualified 
        catcher vessel eligible under section 208(a) that 
        harvested pollock for processing by catcher/processors 
        or motherships in the directed pollock fishery during 
        1995, 1996, and 1997 shall, to the extent practicable, 
        provide fair and equitable terms and conditions for the 
        owner of such qualified catcher vessel.
          (5) Open access.--A catcher vessel eligible under 
        section 208(a) the catch history of which has not been 
        attributed to a fishery cooperative under paragraph (1) 
        may be used to deliver pollock harvested by such vessel 
        from the directed fishing allowance under section 
        206(b)(1) (other than pollock reserved under paragraph 
        (1) for a fishery cooperative) to any of the shoreside 
        processors eligible under section 208(f). A catcher 
        vessel eligible under section 208(a) the catch history 
        of which has been attributed to a fishery cooperative 
        under paragraph (1) during any calendar year may not 
        harvest any pollock apportioned under section 206(b)(1) 
        in such calendar year other than the pollock reserved 
        under paragraph (1) for such fishery cooperative.
          (6) Transfer of cooperative harvest.--A contract 
        implementing a fishery cooperative under paragraph (1) 
        may, notwithstanding the other provisions of this 
        subsection, provide for up to 10 percent of the pollock 
        harvested under such cooperative to be processed by a 
        shoreside processor eligible under section 208(f) other 
        than the shoreside processor to which pollock will be 
        delivered under paragraph (1).
          (7) Fishery cooperative exit provisions.--
                  (A) Fishing allowance determination.--For 
                purposes of determining the aggregate 
                percentage of directed fishing allowances under 
                paragraph (1), when a catcher vessel is removed 
                from the directed pollock fishery, the fishery 
                allowance for pollock for the vessel being 
                removed--
                          (i) shall be based on the catch 
                        history determination for the vessel 
                        made pursuant to section 679.62 of 
                        title 50, Code of Federal Regulations, 
                        as in effect on the date of enactment 
                        of the Coast Guard Authorization Act of 
                        2010; and
                          (ii) shall be assigned, for all 
                        purposes under this title, in the 
                        manner specified by the owner of the 
                        vessel being removed to any other 
                        catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels 
                        remain in the fishery cooperative for 
                        at least one year after the date on 
                        which the vessel being removed leaves 
                        the directed pollock fishery.
                  (B) Eligibility for fishery endorsement.--
                Except as provided in subparagraph (C), a 
                vessel that is removed pursuant to this 
                paragraph shall be permanently ineligible for a 
                fishery endorsement, and any claim (including 
                relating to catch history) associated with such 
                vessel that could qualify any owner of such 
                vessel for any permit to participate in any 
                fishery within the exclusive economic zone of 
                the United States shall be extinguished, unless 
                such removed vessel is thereafter designated to 
                replace a vessel to be removed pursuant to this 
                paragraph.
                  (C) Limitations on statutory construction.--
                Nothing in this paragraph shall be construed--
                          (i) to make the vessels AJ (United 
                        States official number 905625), DONA 
                        MARTITA (United States official number 
                        651751), NORDIC EXPLORER (United States 
                        official number 678234), and PROVIDIAN 
                        (United States official number 1062183) 
                        ineligible for a fishery endorsement or 
                        any permit necessary to participate in 
                        any fishery under the authority of the 
                        New England Fishery Management Council 
                        or the Mid-Atlantic Fishery Management 
                        Council established, respectively, 
                        under subparagraphs (A) and (B) of 
                        section 302(a)(1) of the Magnuson-
                        Stevens Act; or
                          (ii) to allow the vessels referred to 
                        in clause (i) to participate in any 
                        fishery under the authority of the 
                        Councils referred to in clause (i) in 
                        any manner that is not consistent with 
                        the fishery management plan for the 
                        fishery developed by the Councils under 
                        section 303 of the Magnuson-Stevens 
                        Act.
  (c) Catcher Vessels to Catcher/Processors.--Effective January 
1, 1999, not less than 8.5 percent of the directed fishing 
allowance under section 206(b)(2) shall be available for 
harvest only by the catcher vessels eligible under section 
208(b). The owners of such catcher vessels may participate in a 
fishery cooperative with the owners of the catcher/processors 
eligible under paragraphs (1) through (20) of the section 
208(e). The owners of such catcher vessels may participate in a 
fishery cooperative that will be in effect during 1999 only if 
the contract implementing such cooperative establishes 
penalties to prevent such vessels from exceeding in 1999 the 
traditional levels harvested by such vessels in all other 
fisheries in the exclusive economic zone of the United States.
  (d) Catcher Vessels to Motherships.--
          (1) Processing.--Effective January 1, 2000, the 
        authority in section 1 of the Act of June 25, 1934 (48 
        Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall 
        extend to processing by motherships eligible under 
        section 208(d) solely for the purposes of forming or 
        participating in a fishery cooperative in the directed 
        pollock fishery upon the filing of a contract to 
        implement a fishery cooperative under subsection (a) 
        which has been entered into by the owners of 80 percent 
        or more of the catcher vessels eligible under section 
        208(c) for the duration of such contract, provided that 
        such owners agree to the terms of the fishery 
        cooperative involving processing by the motherships.
          (2) Voluntary participation.--Any contract 
        implementing a fishery cooperative described in 
        paragraph (1) must allow the owners of any other 
        catcher vessels eligible under section 208(c) to enter 
        such contract after it is filed and before the calendar 
        year in which fishing will begin under the same terms 
        and conditions as the owners of the catcher vessels who 
        entered into such contract upon filing.
  (e) Excessive Shares.--
          [(1) Harvesting.--No particular individual, 
        corporation, or other entity may harvest, through a 
        fishery cooperative or otherwise, a total of more than 
        17.5 percent of the pollock available to be harvested 
        in the directed pollock fishery.]
          (1) Harvesting.--
                  (A) Limitation.--No particular individual, 
                corporation, or other entity may harvest, 
                through a fishery cooperative or otherwise, a 
                percentage of the pollock available to be 
                harvested in the directed pollock fishery that 
                exceeds the percentage established for purposes 
                of this paragraph by the North Pacific Council.
                  (B) Maximum percentage.--The percentage 
                established by the North Pacific Council shall 
                not exceed 24 percent of the pollock available 
                to be harvested in the directed pollock 
                fishery.
          (2) Processing.--Under the authority of section 
        301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 
        1851(a)(4)), the North Pacific Council is directed to 
        recommend for approval by the Secretary conservation 
        and management measures to prevent any particular 
        individual or entity from processing an excessive share 
        of the pollock available to be harvested in the 
        directed pollock fishery. In the event the North 
        Pacific Council recommends and the Secretary approves 
        an excessive processing share that is lower than 17.5 
        percent, any individual or entity that previously 
        processed a percentage greater than such share shall be 
        allowed to continue to process such percentage, except 
        that their percentage may not exceed 17.5 percent 
        (excluding pollock processed by catcher/processors that 
        was harvested in the directed pollock fishery by 
        catcher vessels eligible under 208(b)) and shall be 
        reduced if their percentage decreases, until their 
        percentage is below such share. In recommending the 
        excessive processing share, the North Pacific Council 
        shall consider the need of catcher vessels in the 
        directed pollock fishery to have competitive buyers for 
        the pollock harvested by such vessels.
          (3) Review by maritime administration.--At the 
        request of the North Pacific Council or the Secretary, 
        any individual or entity believed by such Council or 
        the Secretary to have exceeded the percentage in either 
        paragraph (1) or (2) shall submit such information to 
        the Administrator of the Maritime Administration as the 
        Administrator deems appropriate to allow the 
        Administrator to determine whether such individual or 
        entity has exceeded either such percentage. The 
        Administrator shall make a finding as soon as 
        practicable upon such request and shall submit such 
        finding to the North Pacific Council and the Secretary. 
        For the purposes of this subsection, any entity in 
        which 10 percent or more of the interest is owned or 
        controlled by another individual or entity shall be 
        considered to be the same entity as the other 
        individual or entity.
  (f) Landing Tax Jurisdiction.--Any contract filed under 
subsection (a) shall include a contract clause under which the 
parties to the contract agree to make payments to the State of 
Alaska for any pollock harvested in the directed pollock 
fishery which is not landed in the State of Alaska, in amounts 
which would otherwise accrue had the pollock been landed in the 
State of Alaska subject to any landing taxes established under 
Alaska law. Failure to include such a contract clause or for 
such amounts to be paid shall result in a revocation of the 
authority to form fishery cooperatives under section 1 of the 
Act of June 25, 1934 (15 U.S.C. 521 et seq.).
  (g) Penalties.--The violation of any of the requirements of 
this subtitle or any regulation or permit issued pursuant to 
this subtitle shall be considered the commission of an act 
prohibited by section 307 of the Magnuson-Stevens Act (16 
U.S.C. 1857), and sections 308, 309, 310, and 311 of such Act 
(16 U.S.C. 1858, 1859, 1860, and 1861) shall apply to any such 
violation in the same manner as to the commission of an act 
prohibited by section 307 of such Act (16 U.S.C. 1857). In 
addition to the civil penalties and permit sanctions applicable 
to prohibited acts under section 308 of such Act (16 U.S.C. 
1858), 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 violated a requirement 
of this section shall be subject to the forfeiture to the 
Secretary of Commerce of any fish harvested or processed during 
the commission of such act.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 1335 would reauthorize and amend the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA), the law that 
governs fishing in the U.S. Exclusive Economic Zone (EEZ). We 
oppose this legislation because it would roll back important 
elements of the law which are critical to making fisheries and 
the fishing industry in the United States economically and 
environmentally sustainable.
    Congress first enacted the Fishery Conservation and 
Management Act in 1976 with two main goals in mind: put an end 
to unregulated fishing by foreign fleets in U.S. waters, and 
develop domestic fleets that could reap the economic benefit of 
our considerable fishery resources. The law worked very well; 
foreign fishing was phased out, and investments in the domestic 
fleet were increased. Unfortunately, this capitalization worked 
so well that domestic fishing soon replaced foreign fleets in 
overexploiting U.S. fisheries.
    In 1996 and 2007, two MSA reauthorizations were enacted to 
end overfishing, promote rebuilding of overfished stocks, 
protect fish habitat, improve fisheries science, and minimize 
bycatch. But it was only in 2007, a mere eight years ago, that 
Congress first required all eight Regional Fishery Management 
Councils to set science-based annual catch limits (ACLs) to 
prevent overfishing, and to put in place accountability 
measures ensuring that exceeding an ACL meant a reduction in 
harvest the following year. In addition, in cases where a 
fishery may still become overfished, Councils are now required 
to end overfishing immediately. These changes, coupled with the 
1996 reforms, have succeeded in ending overfishing in nearly 
all fisheries, and putting overfished stocks on a path to 
rebuilding. Most important, they have helped insulate the 
Councils from pressure to make politically-driven management 
decisions that hurt fishing communities in the long run.
    It is important to note that the 1996 and 2007 
reauthorizations were bipartisan bills worked on, and voted 
for, by Republicans and Democrats alike, because everybody 
recognized the need to address the number of declining and 
collapsed fish stocks. While the current MSA may not be 
perfect, members in both parties recognize the incredible 
sustainability and economic gains made since 2007. What is 
needed now are updates to the MSA that address specific issues 
and keep the law current, not a weakening of the law and roll-
back of conservation measures as is found in H.R. 1335. 
Contrary to the two previous reauthorizations, H.R. 1335 was 
developed with very little input from Democrats, as evidenced 
by the fact that the passage out of committee was done on a 
strict party line with no Democrats voting in favor.
    The fishery-related provisions of H.R. 1335 are an 
overreaction to the complaints of a very few in the industry 
who need the requirements of the law the most. Under the guise 
of providing ``flexibility'' for fishery managers, H.R. 1335 
would undermine the rebuilding requirements in current law. 
These rollbacks in particular are job-killers. NOAA estimates 
that fully rebuilt fisheries would add an estimated $31 billion 
to the economy and create 500,000 new jobs. Rebuilding 
overfished stocks is the key to improving fishing economies, 
and we must not delay that process; once fish stocks are gone, 
they cannot be rebuilt. Of further concern, the bill would 
eliminate the requirement to set ACLs for dozens of vulnerable 
stocks, and shield fisheries data not just from public view, 
but also from use by federal agencies that manage other ocean 
resources.
    Because weakening fisheries policy is apparently not 
enough, H.R. 1335 also attacks bedrock environmental laws such 
as the National Environmental Policy Act (NEPA), the Endangered 
Species Act, the Antiquities Act, and the National Marine 
Sanctuaries Act by making them subservient to the Councils 
under the MSA. The inclusion of these provisions shows clearly 
that Republicans are only concerned with advancing an extreme 
agenda to undermine our core conservation statutes and not with 
improving the management of our fisheries.
    Further, Republicans have used this bill to continue their 
crusade to give away as many public lands and waters as 
possible to private interests or the states. The proposal in 
this bill to extend state management of red snapper out to 9 
miles in the Gulf of Mexico ignores the fact that these waters 
and the fish in them belong to all Americans, and the fact that 
states have set unsustainable catch limits in their own waters 
which, in turn, forces NOAA to shorten the season in federal 
waters. The result of this provision will likely be the 
elimination of any red snapper fishery in federal waters and 
severe localized depletion of red snapper between 0 and 9 miles 
from shore. Furthermore, H.R. 1335 allows the recreational red 
snapper sector to keep fishing even after the scientifically-
derived quota has been exceeded. These changes are not sound 
fishery management policy, and would certainly lead to 
overfishing of red snapper.
    As if the bill as introduced was not detrimental enough to 
our fisheries, the Republicans forced through several 
amendments at Committee markup without reaching out for any 
Democrat support. For example, one amendment adopted at mark-up 
further erodes protections that NEPA offers to individuals and 
communities. Giving Councils the authority to curtail NEPA 
oversight removes the shield that all Americans, and 
particularly communities without deep pockets, depend on to 
protect them from government overreach, including fishery 
management actions that take away access to a resource they 
depend on for their livelihoods. Another Republican amendment 
severely inhibits local control over fisheries management by 
dictating to Councils how to do their jobs when considering 
allocation of fishery resources. One of the key elements of the 
MSA is that regional Councils have broad latitude to work with 
stakeholders on many issues, including resource allocation. But 
this amendment removes that ability and lets Washington impose 
its timeline on allocation review, taking local control of 
fisheries away from the Councils.
    At the same time, not a single one of the five democratic 
amendments was adopted, despite being simple, incremental 
improvements that would not substantially change the nature of 
the bill. This is indicative of the lack of motivation on the 
part of the Majority to work with us to produce a bipartisan 
bill that can help our fisheries, like the 1996 and 2007 
reauthorizations. We were disappointed that they rejected a 
commonsense proposal sponsored by Representative Dingell (D-MI) 
to harmonize environmental review of fishing activities without 
weakening NEPA. While on the one hand criticizing the quality 
of stock assessments, Republicans also refused to support 
Representative Capps' (D-CA) amendment to provide more funding 
for better and more frequent stock assessments--the bedrock of 
our fisheries management that allow for more certainty and 
higher quotas and smaller buffers. We also find it unfortunate 
that Committee Republicans dismissed Representative Lowenthal's 
(D-CA) attempt to provide a real and efficient framework for 
reconciling the decommissioning of oil rigs with the 
conservation of red snapper habitat. Finally, Republicans 
rejected Representative Beyer's (D-VA) amendment to allow the 
MSA to provide Councils with a way of taking the effects of 
climate change into account when establishing ACLs and 
rebuilding timelines, once again demonstrating the head-in-the-
sand approach that House Republicans take when dealing with the 
very real impacts that climate change is already having on our 
wild fisheries and marine aquaculture operations.
    In the face of this lack of bipartisan cooperation, two 
Democratic members of the Committee, Mr. Sablan and Mr. 
Huffman, have introduced an alternate bill, H.R. 1826, that 
reauthorizes and leaves intact the core of the MSA, while 
improving and modernizing those issues that are out of date. 
H.R. 1826 would explicitly recognize and define artisanal 
fisheries and marine aquaculture, modernize the data collection 
and management of fisheries data (including electronic 
monitoring), improve recreational fisheries data collection and 
reporting, and infuse new funding into cooperative research 
efforts. There are still many things about our fisheries that 
we do not know, but that should not stop us from moving toward 
incorporating new data and new scientific understanding of 
ocean ecosystems into fisheries management. H.R. 1335 uses 
uncertainty as an excuse for inaction; we should use it as an 
opportunity for improvement.
    While we have many healthy fisheries in the United States, 
we also have many that remain in dangerously depleted states or 
are only beginning their recovery. We have heard consistently 
from commercial and recreational fishermen, fishery managers, 
and the conservation community that the Magnuson-Stevens Act is 
working, and that the massive overhaul envisioned by this bill 
is not warranted. Without keeping strong conservation measures 
in place

and continuing to improve management through better science, we 
will never realize the full potential of our fishery resources 
for sustainable economic development. For these reasons, we 
oppose H.R. 1335 as reported.
                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Niki Tsongas.
                                   Grace F. Napolitano.
                                   Matt Cartwright
                                   Alan S. Lowenthal.
                                   Ruben Gallego.
                                   Jared Huffman.
                                   Jared Polis.
                                   Debbie Dingell.
                                   Lois Capps.
                                   Norma J. Torres.
                                   Donald S. Beyer.

                                  [all]