[109th Congress Public Law 479]
[From the U.S. Government Printing Office]
[DOCID: f:publ479.109]
[[Page 121 STAT. 3575]]
Public Law 109-479
109th Congress
An Act
To amend the Magnuson-Stevens Fishery Conservation and Management Act to
authorize activities to promote improved monitoring and compliance for
high seas fisheries, or fisheries governed by international fishery
management agreements, and for other purposes. <<NOTE: Jan. 12,
2007 - [H.R. 5946]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 1801 note.>> Short Title.--This Act may be cited
as the ``Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Changes in findings and definitions.
Sec. 4. Highly migratory species.
Sec. 5. Total allowable level of foreign fishing.
Sec. 6. Western Pacific Sustainable Fisheries Fund.
Sec. 7. Authorization of appropriations.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Cumulative impacts.
Sec. 102. Caribbean Council jurisdiction.
Sec. 103. Regional fishery management councils.
Sec. 104. Fishery management plan requirements.
Sec. 105. Fishery management plan discretionary provisions.
Sec. 106. Limited access privilege programs.
Sec. 107. Environmental review process.
Sec. 108. Emergency regulations.
Sec. 109. Western Pacific and North Pacific community development.
Sec. 110. Secretarial action on State groundfish fishing.
Sec. 111. Joint enforcement agreements.
Sec. 112. Transition to sustainable fisheries.
Sec. 113. Regional coastal disaster assistance, transition, and recovery
program.
Sec. 114. Fishery finance program hurricane assistance.
Sec. 115. Fisheries hurricane assistance program.
Sec. 116. Bycatch reduction engineering program.
Sec. 117. Community-based restoration program for fishery and coastal
habitats.
Sec. 118. Prohibited acts.
Sec. 119. Shark feeding.
Sec. 120. Clarification of flexibility.
Sec. 121. Southeast Alaska fisheries communities capacity reduction.
Sec. 122. Conversion to catcher/processor shares.
TITLE II--INFORMATION AND RESEARCH
Sec. 201. Recreational fisheries information.
Sec. 202. Collection of information.
Sec. 203. Access to certain information.
Sec. 204. Cooperative research and management program.
[[Page 121 STAT. 3576]]
Sec. 205. Herring study.
Sec. 206. Restoration study.
Sec. 207. Western Pacific fishery demonstration projects.
Sec. 208. Fisheries conservation and management fund.
Sec. 209. Use of fishery finance program for sustainable purposes.
Sec. 210. Regional ecosystem research.
Sec. 211. Deep sea coral research and technology program.
Sec. 212. Impact of turtle excluder devices on shrimping.
Sec. 213. Hurricane effects on commercial and recreational fishery
habitats.
Sec. 214. North Pacific Fisheries Convention.
Sec. 215. New England groundfish fishery.
Sec. 216. Report on council management coordination.
Sec. 217. Study of shortage in the number of individuals with post-
baccalaureate degrees in subjects related to fishery science.
Sec. 218. Gulf of Alaska Rockfish demonstration program.
TITLE III--OTHER FISHERIES STATUTES
Sec. 301. Amendments to Northern Pacific Halibut Act.
Sec. 302. Reauthorization of other fisheries Acts.
TITLE IV--INTERNATIONAL
Sec. 401. International monitoring and compliance.
Sec. 402. Finding with respect to illegal, unreported, and unregulated
fishing.
Sec. 403. Action to end illegal, unreported, or unregulated fishing and
reduce bycatch of protected marine species.
Sec. 404. Monitoring of Pacific insular area fisheries.
Sec. 405. Reauthorization of Atlantic Tunas Convention Act.
Sec. 406. International overfishing and domestic equity.
Sec. 407. United States catch history.
Sec. 408. Secretarial representative for international fisheries.
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Appointment of United States commissioners.
Sec. 504. Authority and responsibility of the Secretary of State.
Sec. 505. Rulemaking authority of the Secretary of Commerce.
Sec. 506. Enforcement.
Sec. 507. Prohibited acts.
Sec. 508. Cooperation in carrying out convention.
Sec. 509. Territorial participation.
Sec. 510. Exclusive economic zone notification.
Sec. 511. Authorization of appropriations.
TITLE VI--PACIFIC WHITING
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. United States representation on joint management committee.
Sec. 604. United States representation on the scientific review group.
Sec. 605. United States representation on joint technical committee.
Sec. 606. United States representation on advisory panel.
Sec. 607. Responsibilities of the secretary.
Sec. 608. Rulemaking.
Sec. 609. Administrative matters.
Sec. 610. Enforcement.
Sec. 611. Authorization of appropriations.
TITLE VII--MISCELLANEOUS
Sec. 701. Study of the acidification of the oceans and effect on
fisheries.
Sec. 702. Puget Sound regional shellfish settlement.
TITLE VIII--TSUNAMI WARNING AND EDUCATION
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Purposes.
Sec. 804. Tsunami forecasting and warning program.
Sec. 805. National tsunami hazard mitigation program.
Sec. 806. Tsunami research program.
Sec. 807. Global tsunami warning and mitigation network.
[[Page 121 STAT. 3577]]
Sec. 808. Authorization of appropriations.
TITLE IX--POLAR BEARS
Sec. 901. Short title.
Sec. 902. Amendment of Marine Mammal Protection Act of 1972.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. CHANGES IN FINDINGS AND DEFINITIONS.
(a) Ecosystems.--Section 2(a) (16 U.S.C. 1801(a)) is amended by
adding at the end the following:
``(11) A number of the Fishery Management Councils have
demonstrated significant progress in integrating ecosystem
considerations in fisheries management using the existing
authorities provided under this Act.''.
(b) In General.--Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (13) the following:
``(13A) The term `regional fishery association' means an
association formed for the mutual benefit of members--
``(A) to meet social and economic needs in a region
or subregion; and
``(B) comprised of persons engaging in the harvest
or processing of fishery resources in that specific
region or subregion or who otherwise own or operate
businesses substantially dependent upon a fishery.'';
(2) by inserting after paragraph (20) the following:
``(20A) The term `import'--
``(A) means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce
into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an importation within the
meaning of the customs laws of the United States; but
``(B) does not include any activity described in
subparagraph (A) with respect to fish caught in the
exclusive economic zone or by a vessel of the United
States.'';
(3) by inserting after paragraph (23) the following:
``(23A) The term `limited access privilege'--
``(A) means a Federal permit, issued as part of a
limited access system under section 303A to harvest a
quantity of fish expressed by a unit or units
representing a portion of the total allowable catch of
the fishery that may be received or held for exclusive
use by a person; and
``(B) includes an individual fishing quota; but
``(C) does not include community development quotas
as described in section 305(i).
``(23B) The term `limited access system' means a system that
limits participation in a fishery to those satisfying certain
eligibility criteria or requirements contained in a fishery
management plan or associated regulation.''; and
(4) by inserting after paragraph (27) the following:
[[Page 121 STAT. 3578]]
``(27A) The term `observer information' means any
information collected, observed, retrieved, or created by an
observer or electronic monitoring system pursuant to
authorization by the Secretary, or collected as part of a
cooperative research initiative, including fish harvest or
processing observations, fish sampling or weighing data, vessel
logbook data, vessel or processor-specific information
(including any safety, location, or operating condition
observations), and video, audio, photographic, or written
documents.''.
(c) Redesignation.--Paragraphs (1) through (45) of section 3 (16
U.S.C. 1802), as amended by subsection (a), are redesignated as
paragraphs (1) thorough (50), respectively.
(d) Conforming Amendments.--
(1) The following provisions of the Act are amended by
striking ``an individual fishing quota'' and inserting ``a
limited access privilege'':
(A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)).
(B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C.
1883(a)(1)(D) and (c)(1)).
(2) The following provisions of the Act are amended by
striking ``individual fishing quota'' and inserting ``limited
access privilege'':
(A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16 U.S.C.
1854(d)(2)(A)(i)).
(3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual fishing quotas,'' and inserting ``limited
access privileges,''.
SEC. 4. HIGHLY MIGRATORY SPECIES.
Section 102 (16 U.S.C. 1812) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Traditional Participation.--In managing any fisheries under an
international fisheries agreement to which the United States is a party,
the appropriate Council or Secretary shall take into account the
traditional participation in the fishery, relative to other nations, by
fishermen of the United States on fishing vessels of the United States.
``(c) Promotion of Stock Management.--If a relevant international
fisheries organization does not have a process for developing a formal
plan to rebuild a depleted stock, an overfished stock, or a stock that
is approaching a condition of being overfished, the provisions of this
Act in this regard shall be communicated to and promoted by the United
States in the international or regional fisheries organization.''.
SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.
Section 201(d) (16 U.S.C. 1821(d)) is amended--
(1) by striking ``shall be'' and inserting ``is'';
(2) by striking ``will not'' and inserting ``cannot, or will
not,''; and
(3) by inserting after ``Act.'' the following: ``Allocations
of the total allowable level of foreign fishing are
discretionary, except that the total allowable level shall be
zero for fisheries determined by the Secretary to have adequate
or excess domestic harvest capacity.''.
[[Page 121 STAT. 3579]]
SEC. 6. WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.
Section 204(e) (16 U.S.C. 1824(e)(7)) is amended--
(1) by inserting ``and any funds or contributions received
in support of conservation and management objectives under a
marine conservation plan'' after ``agreement'' in paragraph (7);
and
(2) by inserting after ``paragraph (4).'' in paragraph (8)
the following: ``In the case of violations by foreign vessels
occurring within the exclusive economic zones off Midway Atoll,
Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland,
Baker, and Wake Islands, amounts received by the Secretary
attributable to fines and penalties imposed under this Act,
shall be deposited into the Western Pacific Sustainable
Fisheries Fund established under paragraph (7) of this
subsection.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out the provisions of this Act--
``(1) $337,844,000 for fiscal year 2007;
``(2) $347,684,000 for fiscal year 2008;
``(3) $357,524,000 for fiscal year 2009;
``(4) $367,364,000 for fiscal year 2010;
``(5) $377,204,000 for fiscal year 2011;
``(6) $387,044,000 for fiscal year 2012; and
``(7) $396,875,000 for fiscal year 2013.''.
TITLE I--CONSERVATION AND MANAGEMENT
SEC. 101. CUMULATIVE IMPACTS.
(a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is
amended by inserting ``by utilizing economic and social data that meet
the requirements of paragraph (2),'' after ``fishing communities''.
(b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is
amended by striking ``describe the likely effects, if any, of the
conservation and management measures on--'' and inserting ``analyze the
likely effects, if any, including the cumulative conservation, economic,
and social impacts, of the conservation
and management measures on, and possible mitigation measures for--''.
SEC. 102. CARIBBEAN COUNCIL JURISDICTION.
Section 302(a)(1)(D) (16 U.S.C. 1852(a)(1)(D)) is amended by
inserting ``and of commonwealths, territories, and possessions of the
United States in the Caribbean Sea'' after ``seaward of such States''.
SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the
following:
[[Page 121 STAT. 3580]]
``(D) The tribal representative appointed under subparagraph (A) may
designate as an alternate, during the period of the representative's
term, an individual knowledgeable concerning tribal rights, tribal law,
and the fishery resources of the geographical area concerned.''.
(b) Scientific and Statistical Committees.--Section 302(g) (16
U.S.C. 1852(g)) is amended--
(1) by striking so much of subsection (g) as precedes
paragraph (2) and inserting the following:
``(g) Committees and Advisory Panels.--
``(1)(A) <<NOTE: Establishment.>> Each Council shall
establish, maintain, and appoint the members of a scientific and
statistical committee to assist it in the development,
collection, evaluation, and peer review of such statistical,
biological, economic, social, and other scientific information
as is relevant to such Council's development and amendment of
any fishery management plan.
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for acceptable
biological catch, preventing overfishing, maximum sustainable
yield, and achieving rebuilding targets, and reports on stock
status and health, bycatch, habitat status, social and economic
impacts of management measures, and sustainability of fishing
practices.
``(C) Members appointed by the Councils to the scientific
and statistical committees shall be Federal employees, State
employees, academicians, or independent experts and shall have
strong scientific or technical credentials and experience.
``(D) Each member of a scientific and statistical committee
shall be treated as an affected individual for purposes of
paragraphs (2), (3)(B), (4), and (5)(A) of subsection
(j). <<NOTE: Records.>> The Secretary shall keep disclosures
made pursuant to this subparagraph on file.
``(E) The Secretary and each Council may establish a peer
review process for that Council for scientific information used
to advise the Council about the conservation and management of
the fishery. The review process, which may include existing
committees or panels, is deemed to satisfy the requirements of
the guidelines issued pursuant to section 515 of the Treasury
and General Government Appropriations Act for Fiscal year 2001
(Public Law 106-554--Appendix C; 114 Stat. 2763A-153).
``(F) In addition to the provisions of section 302(f)(7),
the Secretary shall, subject to the availability of
appropriations, pay a stipend to members of the scientific and
statistical committees or advisory panels who are not employed
by the Federal Government or a State marine fisheries agency.
``(G) A science and statistical committee shall hold its
meetings in conjunction with the meeting of the Council, to the
extent practicable.''.
(2) by striking ``other'' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through
(5) 2 ems from the left.
(c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is
amended--
(1) by striking ``authority, and'' in paragraph (5) and
inserting ``authority;'';
(2) by redesignating paragraph (6) as paragraph (7); and
[[Page 121 STAT. 3581]]
(3) by inserting after paragraph (5) the following:
``(6) develop annual catch limits for each of its managed
fisheries that may not exceed the fishing level recommendations
of its scientific and statistical committee or the peer review
process established under subsection (g); and''.
(d) Scientific Research Priorities.--Section 302(h) (16 U.S.C.
1852(h)), as amended by subsection (c), is further amended--
(1) by striking ``(g); and'' in paragraph (6) and inserting
``(g);'';
(2) by redesignating paragraph (7), as redesignated by
subsection (c)(2), as paragraph (8);
(2) by inserting after paragraph (6) the following:
``(7) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities for
fisheries, fisheries interactions, habitats, and other areas of
research that are necessary for management purposes, that
shall--
``(A) establish priorities for 5-year periods;
``(B) be updated as necessary; and
``(C) be submitted to the Secretary and the regional
science centers of the National Marine Fisheries Service
for their consideration in developing research
priorities and budgets for the region of the Council;
and''.
(e) Regular and Emergency <<NOTE: Publication.>> Meetings.--Section
302(i)(2)(C) (16 U.S.C. 1852(i)(2)(C)) is amended by striking
``published in local newspapers in the major fishing ports of the region
(and in other major fishing ports having a direct interest in the
affected fishery) and such notice may be given by such other means as
will result in wide publicity.'' and inserting ``provided by any means
that will result in wide publicity in the major fishing ports of the
region (and in other major fishing ports having a direct interest in the
affected fishery), except that e-mail notification and website postings
alone are not sufficient.''.
(f) Closed <<NOTE: Notification.>> Meetings.--Section 302(i)(3)(B)
(16 U.S.C. 1852(i)(3)(B)) is amended by striking ``notify local
newspapers in the major fishing ports within its region (and in other
major, affected fishing ports,'' and inserting ``provide notice by any
means that will result in wide publicity in the major fishing ports of
the region (and in other major fishing ports having a direct interest in
the affected fishery), except that e-mail notification and website
postings alone are not sufficient,''.
(g) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at
the end the following:
``(k) Council Training Program.--
``(1) <<NOTE: Deadline.>> 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;
[[Page 121 STAT. 3582]]
``(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) <<NOTE: Deadline.>> Required training.--Council
members appointed after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act
of 2006 shall complete a training course that meets the
requirements of this section not later than 1 year after the
date on which they were appointed. Any Council member who has
completed a training course within 24 months before the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 shall be considered to
have met the training requirement of this paragraph.
``(l) Council Coordination Committee.--The Councils may establish a
Council coordination committee consisting of the chairs, vice chairs,
and executive directors of each of the 8 Councils described in
subsection (a)(1), or other Council members or staff, in order to
discuss issues of relevance to all Councils, including issues related to
the implementation of this Act.''.
(h) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is
amended--
(1) by striking ``to the Councils or to the scientific and
statistical committees or advisory panels established under
subsection (g).'' in paragraph (1) and inserting ``to the
Councils, the Council coordination committee established under
subsection (l), or to the scientific and statistical committees
or other committees or advisory panels established under
subsection (g).'';
(2) by striking ``of a Council, and of the scientific and
statistical committee and advisory panels established under
subsection (g):'' in paragraph (2) and inserting ``of a Council,
of the Council coordination committee established under
subsection (l), and of the scientific and statistical committees
or other committees or advisory panels established under
subsection (g):''; and
(3) by inserting ``the Council Coordination Committee
established under subsection (l),'' in paragraph (3)(A) after
``Council,''; and
[[Page 121 STAT. 3583]]
(4) by inserting ``other committees,'' in paragraph (3)(A)
after ``committee,''.
(i) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is
amended--
(1) by inserting ``lobbying, advocacy,'' after
``processing,'' in paragraph (2);
(2) by striking ``jurisdiction.'' in paragraph (2) and
inserting ``jurisdiction, or with respect to an individual or
organization with a financial interest in such activity.'';
(3) by striking subparagraph (B) of paragraph (5) and
inserting the following:
``(B) <<NOTE: Records. Internet. Public information.>> be
kept on file by the Council and made available on the Internet
and for public inspection at the Council offices during
reasonable hours; and''; and
(4) by adding at the end the following:
``(9) <<NOTE: Deadline. Reports.>> On January 1, 2008, and annually
thereafter, the Secretary shall submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on action taken by the Secretary
and the Councils to implement the disclosure of financial interest and
recusal requirements of this subsection, including identification of any
conflict of interest problems with respect to the Councils and
scientific and statistical committees and recommendations for addressing
any such problems.''.
(j) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2)
(16 U.S.C. 1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D)(i) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the Gulf of
Mexico Fisheries Management Council under subparagraph (C) shall
include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries resources
in the jurisdiction of the Council.
``(ii) Notwithstanding the requirements of subparagraph (C), if the
Secretary determines that the list of names submitted by the Governor
does not meet the requirements of clause (i) the Secretary shall--
``(I) <<NOTE: Notice. Federal Register,
publication.>> 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) <<NOTE: Expiration date.>> The requirements of this
subparagraph shall expire at the end of fiscal year 2012.''.
[[Page 121 STAT. 3584]]
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
(a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
(1) by striking ``and charter fishing'' in paragraph (5) and
inserting ``charter fishing, and fish processing'';
(2) by inserting ``economic information necessary to meet
the requirements of this Act,'' in paragraph (5) after ``number
of hauls,'';
(3) by striking ``and'' after the semicolon in paragraph
(9)(A);
(4) by inserting ``and'' after the semicolon in paragraph
(9)(B);
(5) by inserting after paragraph (9)(B) the following:
``(C) the safety of human life at sea, including
whether and to what extent such measures may affect the
safety of participants in the fishery;'';
(6) by striking ``fishery'' the first place it appears in
paragraph (13) and inserting ``fishery, including its economic
impact,'';
(7) by striking ``and'' after the semicolon in paragraph
(13);
(8) by striking ``allocate'' in paragraph (14) and inserting
``allocate, taking into consideration the economic impact of the
harvest restrictions or recovery benefits on the fishery
participants in each sector,'';
(9) by striking ``fishery.'' in paragraph (14) and inserting
``fishery and;''; and
(10) by adding at the end the following:
``(15) <<NOTE: Regulations.>> 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) <<NOTE: 16 USC 1853 note.>> Effective Dates; Application to
Certain Species.--The amendment made by subsection (a)(10)--
(1) shall, unless otherwise provided for under an
international agreement in which the United States participates,
take effect--
(A) in fishing year 2010 for fisheries determined by
the Secretary to be subject to overfishing; and
(B) in fishing year 2011 for all other fisheries;
and
(2) shall not apply to a fishery for species that have a
life cycle of approximately 1 year unless the Secretary has
determined the fishery is subject to overfishing of that
species; and
(3) shall not limit or otherwise affect the requirements of
section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851(a)(1) or
1854(e), respectively).
(c) Clarification of Rebuilding Provision.--Section 304(e) (16
U.S.C. 1854(e)) is amended--
(1) by striking ``one year of'' in paragraph (3) and
inserting ``2 years after'';
(2) by inserting ``and implement'' after ``prepare'' in
paragraph (3);
(3) by inserting ``immediately'' after ``overfishing'' in
paragraph (3)(A);
[[Page 121 STAT. 3585]]
(4) by striking ``ending overfishing and'' in paragraph
(4)(A); and
(5) by striking ``one-year'' in paragraph (5) and inserting
``2-year''.
(d) <<NOTE: 16 USC 1854 note.>> Effective Date for Subsection (c).--
The amendments made by subsection (c) shall take effect 30 months after
the date of enactment of this Act.
SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.
Section 303(b) (16 U.S.C. 1853(b)) is amended--
(1) by inserting ``(A)'' after ``(2)'' in paragraph (2);
(2) by inserting after paragraph (2) the following:
``(B) designate such zones in areas where deep sea corals
are identified under section 408, to protect deep sea corals
from physical damage from fishing gear or to prevent loss or
damage to such fishing gear from interactions with deep sea
corals, after considering long-term sustainable uses of fishery
resources in such areas; and
``(C) with respect to any closure of an area under this Act
that prohibits all fishing, ensure that such closure--
``(i) is based on the best scientific information
available;
``(ii) includes criteria to assess the conservation
benefit of the closed area;
``(iii) establishes a timetable for review of the
closed area's performance that is consistent with the
purposes of the closed area; and
``(iv) is based on an assessment of the benefits and
impacts of the closure, including its size, in relation
to other management measures (either alone or in
combination with such measures), including the benefits
and impacts of limiting access to: users of the area,
overall fishing activity, fishery science, and fishery
and marine conservation;'';
(3) by striking ``fishery;'' in paragraph (5) and inserting
``fishery and take into account the different circumstances
affecting fisheries from different States and ports, including
distances to fishing grounds and proximity to time and area
closures;'';
(4) by striking paragraph (6) and inserting the following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) present participation in the fishery;
``(B) historical fishing practices in, and
dependence on, the fishery;
``(C) the economics of the fishery;
``(D) the capability of fishing vessels used in the
fishery to engage in other fisheries;
``(E) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(F) the fair and equitable distribution of access
privileges in the fishery; and
``(G) any other relevant considerations;'';
(5) by striking ``(other than economic data)'' in paragraph
(7);
(6) by striking ``and'' after the semicolon in paragraph
(11); and
[[Page 121 STAT. 3586]]
(7) by redesignating paragraph (12) as paragraph (14) and
inserting after paragraph (11) the following:
``(12) include management measures in the plan to conserve
target and non-target species and habitats, considering the
variety of ecological factors affecting fishery populations;
and''.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended--
(1) by striking section 303(d); <<NOTE: 16 USC 1853.>> and
(2) by inserting after section 303 the following:
``SEC. 303A. <<NOTE: 16 USC 1853a.>> LIMITED ACCESS PRIVILEGE PROGRAMS.
``(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006,
a Council may submit, and the Secretary may approve, for a fishery that
is managed under a limited access system, a limited access privilege
program to harvest fish if the program meets the requirements of this
section.
``(b) No Creation of Right, Title, or Interest.--Limited access
privilege, quota share, or other limited access system authorization
established, implemented, or managed under this Act--
``(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
``(2) may be revoked, limited, or modified at any time in
accordance with this Act, including revocation if the system is
found to have jeopardized the sustainability of the stock or the
safety of fishermen;
``(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share, or other
such limited access system authorization if it is revoked,
limited, or modified;
``(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the fish is
harvested by the holder; and
``(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share to engage
in activities permitted by such limited access privilege or
quota share.
``(c) Requirements for Limited Access Privileges.--
``(1) In general.--Any limited access privilege program to
harvest fish submitted by a Council or approved by the Secretary
under this section shall--
``(A) if established in a fishery that is overfished
or subject to a rebuilding plan, assist in its
rebuilding;
``(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
[[Page 121 STAT. 3587]]
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) <<NOTE: Deadlines.>> 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) <<NOTE: Criteria. Federal
Register, publication.>> 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) <<NOTE: Plan.>> develop and
submit a community sustainability plan
to the Council and the Secretary that
demonstrates how the plan will address
the social
[[Page 121 STAT. 3588]]
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) <<NOTE: Criteria. Federal Register,
publication.>> meet criteria developed by the
relevant Council, approved by the Secretary, and
published in the Federal Register;
``(iii) be a voluntary association with
established by-laws and operating procedures;
``(iv) consist of participants in the fishery
who hold quota share that are designated for use
in the specific region or subregion covered by the
regional fishery association, including commercial
or recreational fishing, processing, fishery-
dependent support businesses, or fishing
communities;
``(v) not be eligible to receive an initial
allocation of a limited access privilege but may
acquire such privileges after the initial
allocation, and may hold the annual fishing
privileges of any limited access privileges it
holds or the annual fishing privileges that is
members contribute; and
[[Page 121 STAT. 3589]]
``(vi) <<NOTE: Plan.>> 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) <<NOTE: Procedures.>> 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;
[[Page 121 STAT. 3590]]
``(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
[[Page 121 STAT. 3591]]
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) <<NOTE: Referendum. Notification.>> 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. <<NOTE: Deadline. Publication. Guidelines.
Procedures.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Criteria.>> The Secretary shall
promulgate criteria for determining whether
additional fishery participants are eligible to
vote in the New England referendum described in
clause (i) in order to ensure that crew members
who derive a significant percentage of their total
income from the fishery under the proposed program
are eligible to vote in the referendum.
``(vi) In this subparagraph, the term
`individual fishing quota' does not include a
sector allocation.
``(7) Transferability.--In establishing a limited access
privilege program, a Council shall--
``(A) <<NOTE: Criteria.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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
[[Page 121 STAT. 3592]]
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) <<NOTE: Permit period.>> 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
[[Page 121 STAT. 3593]]
``(B) the first-time purchase of limited access
privileges in that fishery by entry level fishermen.
``(2) Eligibility criteria.--A Council making a submission
under paragraph (1) shall recommend criteria, consistent with
the provisions of this Act, that a fisherman must meet to
qualify for guarantees under subparagraphs (A) and (B) of
paragraph (1) and the portion of funds to be allocated for
guarantees under each subparagraph.
``(h) Effect on Certain Existing Shares and Programs.--Nothing in
this Act, or the amendments made by the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, shall be
construed to require a reallocation or a reevaluation of individual
quota shares, processor quota shares, cooperative programs, or other
quota programs, including sector allocation in effect before the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006.
``(i) Transition Rules.--
``(1) <<NOTE: Deadlines.>> In general.--The requirements of
this section shall not apply to any quota program, including any
individual quota program, cooperative program, or sector
allocation for which a Council has taken final action or which
has been submitted by a Council to the Secretary, or approved by
the Secretary, within 6 months after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, except that--
``(A) <<NOTE: Applicability.>> the requirements of
section 303(d) of this Act in effect on the day before
the date of enactment of that Act shall apply to any
such program;
``(B) the program shall be subject to review under
subsection (c)(1)(G) of this section not later than 5
years after the program implementation; and
``(C) nothing in this subsection precludes a Council
from incorporating criteria contained in this section
into any such plans.
``(2) Pacific groundfish proposals.--The requirements of
this section, other than subparagraphs (A) and (B) of subsection
(c)(1) and subparagraphs (A), (B), and (C) of paragraph (1) of
this subsection, shall not apply to any proposal authorized
under section 302(f) of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 that is
submitted within the timeframe prescribed by that section.''.
(b) Fees.--Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is amended
by striking ``management and enforcement'' and inserting ``management,
data collection, and enforcement''.
(c) <<NOTE: 16 USC 1891.>> Investment in United States Seafood
Processing Facilities.--The Secretary of Commerce shall work with the
Small Business Administration and other Federal agencies to develop
financial and other mechanisms to encourage United States investment in
seafood processing facilities in the United States for fisheries that
lack capacity needed to process fish harvested by United States vessels
in compliance with the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(d) Conforming Amendment.--Section 304(d)(2)(C)(i) (16 U.S.C.
1854(d)(2)(C)(i)) is amended by striking ``section 305(h)(5)(B)'' and
all that follows and inserting ``section 305(h)(5)(B).''.
[[Page 121 STAT. 3594]]
(e) <<NOTE: 16 USC 1853a note.>> Application With American Fisheries
Act.--Nothing in section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), as added by
subsection (a), shall be construed to modify or supersede any provision
of the American Fisheries Act (46 U.S.C. 12102 note; 16 U.S.C. 1851
note; et alia).
SEC. 107. ENVIRONMENTAL REVIEW PROCESS.
Section 304 (16 U.S.C. 1854) is amended by adding at the end the
following:
``(i) Environmental Review Process.--
``(1) Procedures.--The Secretary shall, in consultation with
the Councils and the Council on Environmental Quality, revise
and update agency procedures for compliance with the National
Environmental Policy Act (42 U.S.C. 4231 et seq.). The
procedures shall--
``(A) conform to the time lines for review and
approval of fishery management plans and plan amendments
under this section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input,
with the procedure for the preparation and dissemination
of fishery management plans, plan amendments, and other
actions taken or approved pursuant to this Act in order
to provide for timely, clear and concise analysis that
is useful to decision makers and the public, reduce
extraneous paperwork, and effectively involve the
public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the
Secretary shall be the sole environmental impact assessment
procedure for fishery management plans, amendments, regulations,
or other actions taken or approved pursuant to this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) <<NOTE: Deadline.>> propose revised procedures
within 6 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006;
``(B) <<NOTE: Public comments.>> provide 90 days for
public review and comments; and
``(C) <<NOTE: Deadline.>> promulgate final
procedures no later than 12 months after the date of
enactment of that Act.
``(4) Public participation.--The Secretary is authorized and
directed, in cooperation with the Council on Environmental
Quality and the Councils, to involve the affected public in the
development of revised procedures, including workshops or other
appropriate means of public involvement.''.
SEC. 108. EMERGENCY REGULATIONS.
(a) Lengthening of Second Emergency Period.--Section 305(c)(3)(B)
(16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days,'' the
second time it appears and inserting ``186 days,''.
(b) Technical Amendment.--Section 305(c)(3)(D) (16 U.S.C.
1855(c)(3)(D)) is amended by inserting ``or interim measures'' after
``emergency regulations''.
[[Page 121 STAT. 3595]]
SEC. 109. WESTERN PACIFIC AND NORTH PACIFIC COMMUNITY DEVELOPMENT.
Section 305 (16 U.S.C. 1855) is amended by adding at the end thereof
the following:
``(j) Western Pacific and Northern Pacific Regional Marine Education
and Training.--
``(1) In general.--The Secretary shall establish a pilot
program for regionally-based marine education and training
programs in the Western Pacific and the Northern Pacific to
foster understanding, practical use of knowledge (including
native Hawaiian, Alaskan Native, and other Pacific Islander-
based knowledge), and technical expertise relevant to
stewardship of living marine resources. The Secretary shall, in
cooperation with the Western Pacific and the North Pacific
Regional Fishery Management Councils, regional educational
institutions, and local Western Pacific and Northern Pacific
community training entities, establish programs or projects that
will improve communication, education, and training on marine
resource issues throughout the region and increase scientific
education for marine-related professions among coastal community
residents, including indigenous Pacific islanders, Native
Hawaiians, Alaskan Natives, and other underrepresented groups in
the region.
``(2) Program components.--The program shall--
``(A) include marine science and technology
education and training programs focused on preparing
community residents for employment in marine related
professions, including marine resource conservation and
management, marine science, marine technology, and
maritime operations;
``(B) include fisheries and seafood-related training
programs, including programs for fishery observers,
seafood safety and seafood marketing, focused on
increasing the involvement of coastal community
residents in fishing, fishery management, and seafood-
related operations;
``(C) include outreach programs and materials to
educate and inform consumers about the quality and
sustainability of wild fish or fish products farmed
through responsible aquaculture, particularly in Hawaii,
Alaska, the Western Pacific, the Northern Pacific, and
the Central Pacific;
``(D) include programs to identify, with the fishing
industry, methods and technologies that will improve the
data collection, quality, and reporting and increase the
sustainability of fishing practices, and to transfer
such methods and technologies among fisheries sectors
and to other nations in the Western, Northern, and
Central Pacific;
``(E) develop means by which local and traditional
knowledge (including Pacific islander, Native Hawaiian,
and Alaskan Native knowledge) can enhance science-based
management of fishery resources of the region; and
``(F) develop partnerships with other Western
Pacific Island and Alaskan agencies, academic
institutions, and other entities to meet the purposes of
this section.''.
[[Page 121 STAT. 3596]]
SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.
Section 305 (16 U.S.C. 1855), as amended by section 109 of this Act,
is further amended by adding at the end thereof the following:
``(k) Multispecies Groundfish.--
``(1) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> Cure.--If the Secretary makes
a determination that such actions are not consistent with the
plan, the Secretary shall, in consultation with the Council, and
after notifying the affected State, develop and implement
measures to cure the inconsistency pursuant to section
306(b).''.
SEC. 111. JOINT ENFORCEMENT AGREEMENTS.
(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A)
the following:
``(vi) access, directly or indirectly, for
enforcement purposes any data or information
required to be provided under this title or
regulations under this title, including data from
vessel monitoring systems, satellite-based
maritime distress and safety systems, or any
similar system, subject to the confidentiality
provisions of section 402;'';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
``(h) Joint Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may
apply to the Secretary for execution of a joint enforcement
agreement with the Secretary that will authorize the
deputization and funding of State law enforcement officers with
marine law enforcement responsibilities to perform duties of the
Secretary relating to law enforcement provisions under this
title or any other marine resource law enforced by the
Secretary. Upon receiving an application meeting the
requirements of this subsection, the Secretary may enter into a
joint enforcement agreement with the requesting State.
``(2) Eligible state.--A State is eligible to participate in
the cooperative enforcement agreements under this section if it
is in, or bordering on, the Atlantic Ocean (including the
Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf
[[Page 121 STAT. 3597]]
of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
``(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
``(A) shall be consistent with the purposes and
intent of this section to the extent applicable to the
regulated activities;
``(B) may include specifications for joint
management responsibilities as provided by the first
section of Public Law 91-412 (15 U.S.C. 1525); and
``(C) shall provide for confidentiality of data and
information submitted to the State under section 402.
``(4) Allocation of funds.--The Secretary shall include in
each joint enforcement agreement an allocation of funds to
assist in management of the agreement. The allocation shall be
fairly distributed among all eligible States participating in
cooperative enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement needs, the
specific marine conservation enforcement needs of each
participating eligible State, and the capacity of the State to
undertake the marine enforcement mission and assist with
enforcement needs. The agreement may provide for amounts to be
withheld by the Secretary for the cost of any technical or other
assistance provided to the State by the Secretary under the
agreement.
``(i) Improved Data Sharing.--
``(1) <<NOTE: Deadline.>> In general.--Notwithstanding any
other provision of this Act, as soon as practicable but no later
than 21 months after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act
of 2006, the Secretary shall implement data-sharing measures to
make any data required to be provided by this Act from
satellite-based maritime distress and safety systems, vessel
monitoring systems, or similar systems--
``(A) directly accessible by State enforcement
officers authorized under subsection (a) of this
section; and
``(B) available to a State management agency
involved in, or affected by, management of a fishery if
the State has entered into an agreement with the
Secretary under section 402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section 402(b)(1)(B)
of this Act if--
``(A) the Attorney General or highest ranking legal
officer of the State provides a written opinion or
certification that State law allows the State to
maintain the confidentiality of information required by
Federal law to be kept confidential; or
``(B) the Secretary is provided other reasonable
assurance that the State can and will protect the
identity or business of any person to which such
information relates.''.
(b) Report.--Within 15 months after the date of enactment of this
Act, the National Marine Fisheries Service and the United States Coast
Guard shall transmit a joint report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Resources containing--
[[Page 121 STAT. 3598]]
(1) a cost-to-benefit analysis of the feasibility, value,
and cost of using vessel monitoring systems, satellite-based
maritime distress and safety systems, or similar systems for
fishery management, conservation, enforcement, and safety
purposes with the Federal government bearing the capital costs
of any such system;
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether satellite-based maritime
distress and safety systems, or similar requirements would
overlap existing requirements or render them redundant;
(4) an examination of how data integration from such systems
could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these
opportunities, including the provision of direct access to
satellite-based maritime distress and safety system or similar
system data to State enforcement officers, while considering the
need to maintain or provide an appropriate level of individual
vessel confidentiality where practicable; and
(6) an assessment of how the satellite-based maritime
distress and safety system or similar systems could be
developed, purchased, and distributed to regulated vessels.
SEC. 112. TRANSITION TO SUSTAINABLE FISHERIES.
(a) In General.--Section 312 (16 U.S.C. 1861a) is amended--
(1) by striking ``measures;'' in subsection (a)(1)(B) and
inserting ``measures, including regulatory restrictions
(including those imposed as a result of judicial action) imposed
to protect human health or the marine environment;'';
(2) by striking ``1996, 1997, 1998, and 1999.'' in
subsection (a)(4) and inserting ``2007 through 2013.'';
(3) by striking ``or the Governor of a State for fisheries
under State authority, may conduct a fishing'' in subsection
(b)(1) and inserting ``the Governor of a State for fisheries
under State authority, or a majority of permit holders in the
fishery, may conduct a voluntary fishing'';
(4) by inserting ``practicable'' after ``entrants,'' in
subsection (b)(1)(B)(i);
(5) by striking ``cost-effective and'' in subsection
(b)(1)(C) and inserting ``cost-effective and, in the instance of
a program involving an industry fee system, prospectively'';
(6) by striking subparagraph (A) of subsection (b)(2) and
inserting the following:
``(A) the owner of a fishing vessel, if the permit
authorizing the participation of the vessel in the fishery is
surrendered for permanent revocation and the vessel owner and
permit holder relinquish any claim associated with the vessel or
permit that could qualify such owner or holder for any present
or future limited access system permit in the fishery for which
the program is established or in any other fishery and such
vessel is (i) scrapped, or (ii) through the Secretary of the
department in which the Coast Guard is operating, subjected to
title restrictions (including loss of the vessel's fisheries
endorsement) that permanently prohibit and effectively prevent
its
[[Page 121 STAT. 3599]]
use in fishing in federal or state waters, or fishing on the
high seas or in the waters of a foreign nation; or'';
(7) by striking ``The Secretary shall consult, as
appropriate, with Councils,'' in subsection (b)(4) and inserting
``The harvester proponents of each program and the Secretary
shall consult, as appropriate and practicable, with Councils,'';
(8) by adding at the end of subsection (b) the following:
``(5) <<NOTE: Certification.>> Payment condition.--The Secretary may
not make a payment under paragraph (2) with respect to a vessel that
will not be scrapped unless the Secretary certifies that the vessel will
not be used for fishing in the waters of a foreign nation or fishing on
the high seas.
``(6) Report.--
``(A) In general.--Subject to the availability of funds, the
Secretary shall, within 12 months after the date of the
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 submit to the Congress a
report--
``(i) identifying and describing the 20 fisheries in
United States waters with the most severe examples of
excess harvesting capacity in the fisheries, based on
value of each fishery and the amount of excess
harvesting capacity as determined by the Secretary;
``(ii) recommending measures for reducing such
excess harvesting capacity, including the retirement of
any latent fishing permits that could contribute to
further excess harvesting capacity in those fisheries;
and
``(iii) potential sources of funding for such
measures.
``(B) Basis for recommendations.--The Secretary shall base
the recommendations made with respect to a fishery on--
``(i) the most cost effective means of achieving
voluntary reduction in capacity for the fishery using
the potential for industry financing; and
``(ii) including measures to prevent the capacity
that is being removed from the fishery from moving to
other fisheries in the United States, in the waters of a
foreign nation, or on the high seas.'';
(9) by striking ``Secretary, at the request of the
appropriate Council,'' in subsection (d)(1)(A) and inserting
``Secretary'';
(10) by striking ``Secretary, in consultation with the
Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
(11) by striking ``a two-thirds majority of the participants
voting.'' in subsection (d)(1)(B) and inserting ``at least a
majority of the permit holders in the fishery, or 50 percent of
the permitted allocation of the fishery, who participated in the
fishery.'';
(12) by striking ``establish;'' in subsection (d)(2)(C) and
inserting ``establish, unless the Secretary determines that such
fees should be collected from the seller;''; and
(13) striking subsection (e) and inserting the following:
``(e) Implementation Plan.--
``(1) Framework regulations.--The Secretary shall propose
and adopt framework regulations applicable to the implementation
of all programs under this section.
[[Page 121 STAT. 3600]]
``(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.
[[Page 121 STAT. 3601]]
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms and
conditions for participation consistent with the framework and
implementing regulations. Each bid that the Secretary receives
in response to the invitation to bid shall constitute an
irrevocable offer from the bidder.''.
(b) <<NOTE: 15 USC 1861a note.>> Technical Amendment.--Sections 116,
203, 204, 205, and 206 of the Sustainable Fisheries Act are deemed to
have added sections 312, 402, 403, 404, and 405, respectively to the Act
as of the date of enactment of the Sustainable Fisheries Act.
SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND RECOVERY
PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended by
adding at the end the following:
``SEC. 315. <<NOTE: 16 USC 1864.>> REGIONAL COASTAL DISASTER ASSISTANCE,
TRANSITION, AND RECOVERY PROGRAM.
``(a) In General.--When there is a catastrophic regional fishery
disaster the Secretary may, upon the request of, and in consultation
with, the Governors of affected States, establish a regional economic
transition program to provide immediate disaster relief assistance to
the fishermen, charter fishing operators, United States fish processors,
and owners of related fishery infrastructure affected by the disaster.
``(b) Program Components.--
``(1) In general.--Subject to the availability of
appropriations, the program shall provide funds or other
economic assistance to affected entities, or to governmental
entities for disbursement to affected entities, for--
``(A) meeting immediate regional shoreside fishery
infrastructure needs, including processing facilities,
cold storage facilities, ice houses, docks, including
temporary docks and storage facilities, and other
related shoreside fishery support facilities and
infrastructure while ensuring that those projects will
not result in an increase or replacement of fishing
capacity;
``(B) financial assistance and job training
assistance for fishermen who wish to remain in a fishery
in the region that may be temporarily closed as a result
of environmental or other effects associated with the
disaster;
``(C) funding, pursuant to the requirements of
section 312(b), to fishermen who are willing to scrap a
fishing vessel and permanently surrender permits for
fisheries named on that vessel; and
``(D) any other activities authorized under section
312 of this Act or section 308(d) of the
Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)).
``(2) Job training.--Any fisherman who decides to scrap a
fishing vessel under the program shall be eligible for job
training assistance.
``(3) State participation obligation.--The participation by
a State in the program shall be conditioned upon a commitment by
the appropriate State entity to ensure that the relevant State
fishery meets the requirements of section 312(b) of this Act to
ensure excess capacity does not re-enter the fishery.
``(4) No matching required.--The Secretary may waive the
matching requirements of section 312 of this Act, section
[[Page 121 STAT. 3602]]
308 of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107), and any other provision of law under which the Federal
share of the cost of any activity is limited to less than 100
percent if the Secretary determines that--
``(A) no reasonable means are available through
which applicants can meet the matching requirement; and
``(B) the probable benefit of 100 percent Federal
financing outweighs the public interest in imposition of
the matching requirement.
``(5) Net revenue limit inapplicable.--Section 308(d)(3) of
the Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3))
shall not apply to assistance under this section.
``(c) <<NOTE: Deadline.>> Regional Impact Evaluation.--Within 2
months after a catastrophic regional fishery disaster the Secretary
shall provide the Governor of each State participating in the program a
comprehensive economic and socio-economic evaluation of the affected
region's fisheries to assist the Governor in assessing the current and
future economic viability of affected fisheries, including the economic
impact of foreign fish imports and the direct, indirect, or
environmental impact of the disaster on the fishery and coastal
communities.
``(d) Catastrophic Regional Fishery Disaster Defined.--In this
section the term `catastrophic regional fishery disaster' means a
natural disaster, including a hurricane or tsunami, or a regulatory
closure (including regulatory closures resulting from judicial action)
to protect human health or the marine environment, that--
``(1) results in economic losses to coastal or fishing
communities;
``(2) affects more than 1 State or a major fishery managed
by a Council or interstate fishery commission; and
``(3) is determined by the Secretary to be a commercial
fishery failure under section 312(a) of this Act or a fishery
resource disaster or section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)).''.
(b) <<NOTE: 16 USC 460ss note.>> Salmon Plan and Study.--
(1) Recovery <<NOTE: Deadline.>> plan.--Not later than 6
months after the date of enactment of this Act, the Secretary of
Commerce shall complete a recovery plan for Klamath River Coho
salmon and make it available to the public.
(2) Annual report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary of
Commerce shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on--
(A) the actions taken under the recovery plan and
other law relating to recovery of Klamath River Coho
salmon, and how those actions are specifically
contributing to its recovery;
(B) the progress made on the restoration of salmon
spawning habitat, including water conditions as they
relate to salmon health and recovery, with emphasis on
the Klamath River and its tributaries below Iron Gate
Dam;
(C) the status of other Klamath River anadromous
fish populations, particularly Chinook salmon; and
[[Page 121 STAT. 3603]]
(D) the actions taken by the Secretary to address
the calendar year 2003 National Research Council
recommendations regarding monitoring and research on
Klamath River Basin salmon stocks.
(c) Oregon and California Salmon Fishery.--Federally recognized
Indian tribes and small businesses, including fishermen, fish
processors, and related businesses serving the fishing industry,
adversely affected by Federal closures and fishing restrictions in the
Oregon and California 2006 fall Chinook salmon fishery are eligible to
receive direct assistance under section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and section
308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
4107(d)). The Secretary may use no more than 4 percent of any monetary
assistance to pay for administrative costs.
SEC. 114. FISHERY FINANCE PROGRAM HURRICANE ASSISTANCE.
(a) Loan Assistance.--Subject to availability of appropriations, the
Secretary of Commerce shall provide assistance to eligible holders of
fishery finance program loans and allocate such assistance among
eligible holders based upon their outstanding principal balances as of
December 2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for 1 year and
re-amortize the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for up
to 1 year beyond the remaining term of the loan, or September
30, 2013, whichever is later.
(3) To pay the interest costs for such loans over fiscal
years 2007 through 2013, not to exceed amounts authorized under
subsection (d).
(4) To provide opportunities for loan forgiveness, as
specified in subsection (c).
(b) Loan Forgiveness.--Upon application made by an eligible holder
of a fishery finance program loan, made at such time, in such manner,
and containing such information as the Secretary may require, the
Secretary, on a calendar year basis beginning in 2005, may, with respect
to uninsured losses--
(1) offset against the outstanding balance on the loan an
amount equal to the sum of the amounts expended by the holder
during the calendar year to repair or replace covered vessels or
facilities, or to invest in new fisheries infrastructure within
or for use within the declared fisheries disaster area; or
(2) cancel the amount of debt equal to 100 hundred percent
of actual expenditures on eligible repairs, reinvestment,
expansion, or new investment in fisheries infrastructure in the
disaster region, or repairs to, or replacement of, eligible
fishing vessels.
(c) Definitions.--In this section:
(1) Declared fisheries disaster area.--The term ``declared
fisheries disaster area'' means fisheries located in the major
disaster area designated by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) as a result of Hurricane Katrina or Hurricane
Rita.
(2) Eligible holder.--The term ``eligible holder'' means the
holder of a fishery finance program loan if--
[[Page 121 STAT. 3604]]
(A) that loan is used to guarantee or finance any
fishing vessel or fish processing facility home-ported
or located within the declared fisheries disaster area;
and
(B) the holder makes expenditures to repair or
replace such covered vessels or facilities, or invests
in new fisheries infrastructure within or for use within
the declared fisheries disaster area, to restore such
facilities following the disaster.
(3) Fishery finance program loan.--The term ``fishery
finance program loan'' means a loan made or guaranteed under the
fishery finance program under chapter 537 of title 46, United
States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the purposes of this
section not more than $15,000,000 for each eligible holder for the
period beginning with fiscal year 2007 through fiscal year 2013.
SEC. 115. <<NOTE: 16 USC 1864 note.>> FISHERIES HURRICANE ASSISTANCE
PROGRAM.
(a) In General.--The Secretary of Commerce shall establish an
assistance program for the Gulf of Mexico commercial and recreational
fishing industry.
(b) <<NOTE: State listing.>> Allocation of Funds.--Under the
program, the Secretary shall allocate funds appropriated to carry out
the program among the States of Alabama, Louisiana, Florida,
Mississippi, and Texas in proportion to the percentage of the fishery
(including crawfish) catch landed by each State before August 29, 2005,
except that the amount allocated to Florida shall be based exclusively
on the proportion of such catch landed by the Florida Gulf Coast
fishery.
(c) Use of Funds.--Of the amounts made available to each State under
the program--
(1) 2 percent shall be retained by the State to be used for
the distribution of additional payments to fishermen with a
demonstrated record of compliance with turtle excluder and
bycatch reduction device regulations; and
(2) the remainder of the amounts shall be used for--
(A) personal assistance, with priority given to
food, energy needs, housing assistance, transportation
fuel, and other urgent needs;
(B) assistance for small businesses, including
fishermen, fish processors, and related businesses
serving the fishing industry;
(C) domestic product marketing and seafood
promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for
the fishery;
(F) funding or other incentives to ensure widespread
and proper use of turtle excluder devices and bycatch
reduction devices in the fishery; and
(G) voluntary capacity reduction programs for shrimp
fisheries under limited access programs.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $17,500,000 for each of fiscal
years 2007 through 2012 to carry out this section.
[[Page 121 STAT. 3605]]
SEC. 116. BYCATCH REDUCTION ENGINEERING PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.), as amended by
section 113 of this Act, is further amended by adding at the end the
following:
``SEC. 316. <<NOTE: 16 USC 1865.>> BYCATCH REDUCTION ENGINEERING
PROGRAM.
``(a) Bycatch Reduction Engineering <<NOTE: Deadline.>> Program.--
Not later than 1 year after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006,
the Secretary, in cooperation with the Councils and other affected
interests, and based upon the best scientific information available,
shall establish a bycatch reduction program, including grants, to
develop technological devices and other conservation engineering changes
designed to minimize bycatch, seabird interactions, bycatch mortality,
and post-release mortality in Federally managed fisheries. The program
shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under
this Act;
``(3) provide information and outreach to fishery
participants that will encourage adoption and use of
technologies developed under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for adoption
of methods developed under the program in fishery management
plans developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by a Council
or by the Secretary may establish a system of incentives to reduce total
bycatch and seabird interactions, amounts, bycatch rates, and post-
release mortality in fisheries under the Council's or Secretary's
jurisdiction, including--
``(1) measures to incorporate bycatch into quotas, including
the establishment of collective or individual bycatch quotas;
``(2) measures to promote the use of gear with verifiable
and monitored low bycatch and seabird interactions, rates; and
``(3) measures that, based on the best scientific
information available, will reduce bycatch and seabird
interactions, bycatch mortality, post-release mortality, or
regulatory discards in the fishery.
``(c) Coordination on Seabird Interactions.--The Secretary, in
coordination with the Secretary of Interior, is authorized to undertake
projects in cooperation with industry to improve information and
technology to reduce seabird bycatch, including--
``(1) outreach to industry on new technologies and methods;
``(2) projects to mitigate for seabird mortality; and
``(3) actions at appropriate international fishery
organizations to reduce seabird interactions in fisheries.
``(d) Report.--The Secretary shall transmit an annual report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources that--
``(1) describes funding provided to implement this section;
``(2) describes developments in gear technology achieved
under this section; and
[[Page 121 STAT. 3606]]
``(3) describes improvements and reduction in bycatch and
seabird interactions associated with implementing this section,
as well as proposals to address remaining bycatch or seabird
interaction problems.''.
(b) CDQ Bycatch Limitations.--
(1) In general.--Section 305(i) (16 U.S.C. 1855(i)) is
amended--
(A) <<NOTE: Effective date.>> by striking ``directed
fishing allocation'' and all that follows in paragraph
(1)(B)(ii)(I), and inserting ``total allocation
(directed and nontarget combined) of 10.7 percent
effective January 1, 2008; and'';
(B) by striking ``directed fishing allocation of 10
percent.'' in paragraph (1)(B)(ii)(II) and inserting
``total allocation (directed and nontarget combined) of
10.7 percent.'';
(C) by inserting after paragraph (1)(B)(ii) the
following:
``The <<NOTE: Applicability.>> total allocation
(directed and nontarget combined) for a fishery to
which subclause (I) or (II) applies may not be
exceeded.''; and
(D) by inserting ``Voluntary transfers by and among
eligible entities shall be allowed, whether before or
after harvesting. Notwithstanding the first sentence of
this subparagraph, seven-tenths of one percent of the
total allowable catch, guideline harvest level, or other
annual catch limit, within the amount allocated to the
program by subclause (I) or subclause (II) of
subparagraph (B)(ii), shall be allocated among the
eligible entities by the panel established in
subparagraph (G), or allocated by the Secretary based on
the nontarget needs of eligible entities in the absence
of a panel decision.'' after ``2006.'' in paragraph
(1)(C).
(2) <<NOTE: 16 USC 1855 note.>> Effective date.--The
allocation percentage in subclause (I) of section
305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by
paragraph (1) of this subsection, shall be in effect in 2007
with respect to any sector of a fishery to which such subclause
applies and in which a fishing cooperative is established in
2007, and such sector's 2007 allocation shall be reduced by a
pro rata amount to accomplish such increased allocation to the
program. For purposes of section 305(i)(1) of that Act and of
this subsection, the term ``fishing cooperative'' means a
fishing cooperative whether or not authorized by a fishery
management council or Federal agency, if a majority of the
participants in the sector are participants in the fishing
cooperative.
SEC. 117. COMMUNITY-BASED <<NOTE: 16 USC 1891a.>> RESTORATION PROGRAM
FOR FISHERY AND COASTAL HABITATS.
(a) In General.--The Secretary of Commerce shall establish a
community-based fishery and coastal habitat restoration program to
implement and support the restoration of fishery and coastal habitats.
(b) Authorized Activities.--In carrying out the program, the
Secretary may--
(1) provide funding and technical expertise to fishery and
coastal communities to assist them in restoring fishery and
coastal habitat;
[[Page 121 STAT. 3607]]
(2) advance the science and monitoring of coastal habitat
restoration;
(3) transfer restoration technologies to the private sector,
the public, and other governmental agencies;
(4) develop public-private partnerships to accomplish sound
coastal restoration projects;
(5) promote significant community support and volunteer
participation in fishery and coastal habitat restoration;
(6) promote stewardship of fishery and coastal habitats; and
(7) leverage resources through national, regional, and local
public-private partnerships.
SEC. 118. PROHIBITED ACTS.
Section 307(1) (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(O);
(2) by striking ``carcass.'' in subparagraph (P) and
inserting ``carcass;''; and
(3) by inserting after subparagraph (P) and before the last
sentence the following:
``(Q) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce
any fish taken, possessed, transported, or sold in
violation of any foreign law or regulation; or
``(R) to use any fishing vessel to engage in fishing
in Federal or State waters, or on the high seas or in
the waters of another country, after the Secretary has
made a payment to the owner of that fishing vessel under
section 312(b)(2).''.
SEC. 119. SHARK FEEDING.
Title III (16 U.S.C. 1851 et seq.), as amended by section 116 of
this Act, is further amended by adding at the end the following:
``SEC. 317. SHARK <<NOTE: Hawaii. Territories. 16 USC 1866.>> FEEDING.
``Except to the extent determined by the Secretary, or under State
law, as presenting no public health hazard or safety risk, or when
conducted as part of a research program funded in whole or in part by
appropriated funds, it is unlawful to introduce, or attempt to
introduce, food or any other substance into the water to attract sharks
for any purpose other than to harvest sharks within the Exclusive
Economic Zone seaward of the State of Hawaii and of the Commonwealths,
territories, and possessions of the United States in the Pacific Ocean
Area.''.
SEC. 120. CLARIFICATION OF FLEXIBILITY.
(a) <<NOTE: Extension.>> In General.--The Secretary of Commerce has
the discretion under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1851 et seq.) to extend the time for
rebuilding the summer flounder fishery to not later than January 1,
2013, only if--
(1) the Secretary has determined that--
(A) overfishing is not occurring in the fishery and
that a mechanism is in place to ensure overfishing does
not occur in the fishery; and
(B) stock biomass levels are increasing;
[[Page 121 STAT. 3608]]
(2) the biomass rebuilding target previously applicable to
such stock will be met or exceeded within the new time for
rebuilding;
(3) the extension period is based on the status and biology
of the stock and the rate of rebuilding;
(4) monitoring will ensure rebuilding continues;
(5) the extension meets the requirements of section
301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and
(6) the best scientific information available shows that the
extension will allow continued rebuilding.
(b) Authority.--Nothing in this section shall be construed to amend
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1851 et seq.) or to limit or otherwise alter the authority of the
Secretary under that Act concerning other species.
SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY REDUCTION.
Section 209 of the Department of Commerce and Related Agencies
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2884) is
amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 209.'';
(2) by striking ``is authorized to'' in the first sentence
and inserting ``shall'';
(3) by striking ``$50,000,000'' and all that follows in the
first sentence and inserting ``up to $25,000,000 pursuant to
section 57735 of title 46, United States Code.'';
(4) by striking the third sentence and inserting: ``The loan
shall have a term of 40 years.''; and
(5) by adding at the end the following:
``(b) Southeast Alaska Fisheries Program.--
``(1) Conduct of program by rsa.--The program described in
subsection (a) shall be conducted under Alaska law by the
Southeast Revitalization Association.
``(2) Treatment under chapter 577 of title 46.--For purposes
of section 57735 of title 46, United States Code, the program
shall be considered to be a program established under section
312 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1861a).
``(3) Application of magnuson-stevens act.--Notwithstanding
paragraph (2), the program shall not be subject to section 312
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1861a), except for subsections (b)(1)(C) and (d) of
that section.
``(c) Southeast Alaska Fisheries Program Approval and Referendum.--
``(1) In general.--The Secretary of Commerce may approve a
capacity reduction plan submitted by the Southeast
Revitalization Association under subsection (b).
``(2) Referendum.--The Secretary shall conduct an industry
fee system referendum for the buyback under the program in
accordance with section 312(d)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a),
except that--
``(A) no Council request and no consultation shall
be required; and
[[Page 121 STAT. 3609]]
``(B) the fee shall not exceed 3 percent of the
annual ex-vessel value of all salmon harvested in the
southeast Alaska purse seine fishery.
``(d) <<NOTE: Certification.>> Disbursal of Loan Proceeds.--If the
industry fee system is approved as provided in section 312(d)(1)(B) of
that Act (16 U.S.C. 1861a(d)(1)(B)), the Secretary shall disburse the
loan in the form of reduction payments to participants in such amounts
as the Southeast Revitalization Association certifies to have been
accepted under Alaska law for reduction payments. <<NOTE: Fees.>> The
Secretary shall thereafter administer the fee system in accordance with
section 312(d)(2) of that Act (16 U.S.C. 1861a(d)(2)), and any person
paying or collecting the fee shall make such payments or collection such
fees in accordance with the requirements of that Act (16 U.S.C. 1801 et
seq.)''.
SEC. 122. CONVERSION TO CATCHER/PROCESSOR SHARES.
(a) In General.--
(1) Amendment of <<NOTE: Deadline. Alaska.>> plan.--Not
later than 90 days after the date of enactment of this Act, the
Secretary of Commerce shall amend the fishery management plan
for the Bering Sea/Aleutian Islands King and Tanner Crabs for
the Northern Region (as that term is used in the plan) to
authorize--
(A) an eligible entity holding processor quota
shares to elect on an annual basis to work together with
other entities holding processor quota shares and
affiliated with such eligible entity through common
ownership to combine any catcher vessel quota shares for
the Northern Region with their processor quota shares
and to exchange them for newly created catcher/processor
owner quota shares for the Northern Region; and
(B) an eligible entity holding catcher vessel quota
shares to elect on an annual basis to work together with
other entities holding catcher vessel quota shares and
affiliated with such eligible entity through common
ownership to combine any processor quota shares for the
Northern Region with their catcher vessel quota shares
and to exchange them for newly created catcher/processor
owner quota shares for the Northern Region.
(2) Eligibility and limitations.--
(A) <<NOTE: Applicability.>> The authority provided
in paragraph (1)(A) shall--
(i)(I) apply only to an entity which was
initially awarded both catcher/processor owner
quota shares, and processor quota shares under the
plan (in combination with the processor quota
shares of its commonly owned affiliates) of less
than 7 percent of the Bering Sea/Aleutian Island
processor quota shares; or
(II) apply only to an entity which was
initially awarded both catcher/processor owner
quota shares under the plan and processor quota
shares under section 417(a) of the Coast Guard and
Maritime Transportation Act of 2006 (Public Law
109-241; 120 Stat. 546);
(ii) be limited to processor quota shares
initially awarded to such entities and their
commonly owned affiliates under the plan or
section 417(a) of that Act; and
[[Page 121 STAT. 3610]]
(iii) shall not exceed 1 million pounds per
entity during any calendar year.
(B) The authority provided in paragraph (1)(B)
shall--
(i) <<NOTE: Applicability.>> apply only to an
entity which was initially awarded both catcher/
processor owner quota shares, and processor quota
shares under the plan (in combination with the
processor quota shares of its commonly owned
affiliates) of more than 7 percent of the Bering
Sea/Aleutian Island processor quota shares;
(ii) be limited to catcher vessel quota shares
initially awarded to such entity and its commonly
owned affiliates; and
(iii) shall not exceed 1 million pounds per
entity during any calendar year.
(3) Exchange rate.--The entities referred to in paragraph
(1) shall receive under the amendment 1 unit of newly created
catcher/processor owner quota shares in exchange for 1 unit of
catcher vessel owner quota shares and 0.9 units of processor
quota shares.
(4) Area of validity.--Each unit of newly created catcher/
processor owner quota shares under this subsection shall only be
valid for the Northern Region.
(b) Fees.--
(1) Local fees.--The holder of the newly created catcher/
processor owner quota shares under subsection (a) shall pay a
fee of 5 percent of the ex-vessel value of the crab harvested
pursuant to those shares to any local governmental entities in
the Northern Region if the processor quota shares used to
produce those newly created catcher/processor owner quota shares
were originally derived from the processing activities that
occurred in a community under the jurisdiction of those local
governmental entities.
(2) State fee.--The State of Alaska may collect from the
holder of the newly created catcher/processor owner quota shares
under subsection (a) a fee of 1 percent of the ex-vessel value
of the crab harvested pursuant to those shares.
(c) Off-loading Requirement.--Crab harvested pursuant to catcher/
processor owner quota shares created under this subsection shall be off-
loaded in those communities receiving the local governmental entities
fee revenue set forth in subsection (b)(1).
(d) Periodic Council Review.--As part of its periodic review of the
plan, the North Pacific Fishery Management Council may review the
effect, if any, of this subsection upon communities in the Northern
Region. If the Council determines that this section adversely affects
the communities, the Council may recommend to the Secretary of Commerce,
and the Secretary may approve, such changes to the plan as are necessary
to mitigate those adverse effects.
(e) Use Caps.--
(1) In general.--Notwithstanding sections 680.42(b)(ii)(2)
and 680.7(a)(ii)(7) of title 50, Code of Federal Regulations,
custom processing arrangements shall not count against any use
cap for the processing of opilio crab in the Northern Region so
long as such crab is processed in the Northern Region by a
shore-based crab processor.
(2) Shore-based crab processor defined.--In this paragraph,
the term ``shore-based crab processor'' means any person
[[Page 121 STAT. 3611]]
or vessel that receives, purchases, or arranges to purchase
unprocessed crab, that is located on shore or moored within the
harbor.
TITLE II--INFORMATION AND RESEARCH
SEC. 201. RECREATIONAL FISHERIES INFORMATION.
Section 401 (16 U.S.C. 1881) is amended by striking subsection (g)
and inserting the following:
``(g) Recreational Fisheries.--
``(1) Federal program.--The Secretary shall establish and
implement a regionally based registry program for recreational
fishermen in each of the 8 fishery management regions. The
program, which shall not require a fee before January 1, 2011,
shall provide for--
``(A) the registration (including identification and
contact information) of individuals who engage in
recreational fishing--
``(i) in the Exclusive Economic Zone;
``(ii) for anadromous species; or
``(iii) for Continental Shelf fishery
resources beyond the Exclusive Economic Zone; and
``(B) if appropriate, the registration (including
the ownership, operator, and identification of the
vessel) of vessels used in such fishing.
``(2) <<NOTE: Exemption.>> 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) <<NOTE: Deadline.>> 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
[[Page 121 STAT. 3612]]
management decisions, and its usefulness for
social and economic analyses; and
``(ii) providing for ongoing technical
evaluation and modification as needed to meet
emerging management needs.
``(C) Methodology.--Unless the Secretary determines
that alternate methods will achieve this goal more
efficiently and effectively, the program shall, to the
extent possible, include--
``(i) an adequate number of intercepts to
accurately estimate recreational catch and effort;
``(ii) use of surveys that target anglers
registered or licensed at the State or Federal
level to collect participation and effort data;
``(iii) collection and analysis of vessel trip
report data from charter fishing vessels;
``(iv) development of a weather corrective
factor that can be applied to recreational catch
and effort estimates; and
``(v) an independent committee composed of
recreational fishermen, academics, persons with
expertise in stock assessments and survey design,
and appropriate personnel from the National Marine
Fisheries Service to review the collection
estimates, geographic, and other variables related
to dockside intercepts and to identify
deficiencies in recreational data collection, and
possible correction measures.
``(D) Deadline.--The Secretary shall complete the
program under this paragraph and implement the improved
Marine Recreational Fishery Statistics Survey not later
than January 1, 2009.
``(4) Report.--Within 24 months after establishment of the
program, the Secretary shall submit a report to Congress that
describes the progress made toward achieving the goals and
objectives of the program.''.
SEC. 202. COLLECTION OF INFORMATION.
Section 402(a) (16 U.S.C. 1881a(a)) is amended--
(1) by striking ``(a) Council Requests.--'' in the
subsection heading and inserting ``(a) Collection Programs.--'';
(2) by resetting the text following ``(a) Collection
Programs.--'' as a new paragraph 2 ems from the left margin;
(3) by inserting ``(1) Council requests.--'' before ``If a
Council'';
(4) by striking ``subsection'' in the last sentence and
inserting ``paragraph'';
(5) by striking ``(other than information that would
disclose proprietary or confidential commercial or financial
information regarding fishing operations or fish processing
operations)'' each place it appears; and
(6) by adding at the end the following:
``(2) Secretarial initiation.--If the Secretary determines
that additional information is necessary for developing,
implementing, revising, or monitoring a fishery management plan,
or for determining whether a fishery is in need of management,
the Secretary may, by regulation, implement an information
[[Page 121 STAT. 3613]]
collection or observer program requiring submission of such
additional information for the fishery.''.
SEC. 203. ACCESS TO CERTAIN INFORMATION.
(a) In General.--Section 402(b) (16 U.S.C. 1881a(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3) and
resetting it 2 ems from the left margin;
(2) by striking all preceding paragraph (3), as
redesignated, and inserting the following:
``(b) Confidentiality of Information.--
``(1) Any information submitted to the Secretary, a State
fishery management agency, or a marine fisheries commission by
any person in compliance with the requirements of this Act shall
be confidential and shall not be disclosed except--
``(A) to Federal employees and Council employees who
are responsible for fishery management plan development,
monitoring, or enforcement;
``(B) to State or Marine Fisheries Commission
employees as necessary to further the Department's
mission, subject to a confidentiality agreement that
prohibits public disclosure of the identity of business
of any person;
``(C) to State employees who are responsible for
fishery management plan enforcement, if the States
employing those employees have entered into a fishery
enforcement agreement with the Secretary and the
agreement is in effect;
``(D) when required by court order;
``(E) when such information is used by State,
Council, or Marine Fisheries Commission employees to
verify catch under a limited access program, but only to
the extent that such use is consistent with subparagraph
(B);
``(F) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to persons for
reasons not otherwise provided for in this subsection,
and such release does not violate other requirements of
this Act;
``(G) when such information is required to be
submitted to the Secretary for any determination under a
limited access program; or
``(H) in support of homeland and national security
activities, including the Coast Guard's homeland
security missions as defined in section 888(a)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)).
``(2) Any observer information shall be confidential and
shall not be disclosed, except in accordance with the
requirements of subparagraphs (A) through (H) of paragraph (1),
or--
``(A) as authorized by a fishery management plan or
regulations under the authority of the North Pacific
Council to allow disclosure to the public of weekly
summary bycatch information identified by vessel or for
haul-specific bycatch information without vessel
identification;
``(B) when such information is necessary in
proceedings to adjudicate observer certifications; or
``(C) as authorized by any regulations issued under
paragraph (3) allowing the collection of observer
information, pursuant to a confidentiality agreement
between the
[[Page 121 STAT. 3614]]
observers, observer employers, and the Secretary
prohibiting disclosure of the information by the
observers or observer employers, in order--
``(i) to allow the sharing of observer
information among observers and between observers
and observer employers as necessary to train and
prepare observers for deployments on specific
vessels; or
``(ii) to validate the accuracy of the
observer information collected.''; and
(3) by striking ``(1)(E).'' in paragraph (3), as
redesignated, and inserting ``(2)(A).''.
(b) Conforming Amendment.--Section 404(c)(4) (16 U.S.C. 1881c(c)(4))
is amended by striking ``under section 401''.
SEC. 204. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
Title III (16 U.S.C. 1851 et seq.), as amended by section 119 of
this Act, is further amended by adding at the end the following:
``SEC. 318. <<NOTE: 16 USC 1867.>> COOPERATIVE RESEARCH AND MANAGEMENT
PROGRAM.
``(a) In General.--The Secretary of Commerce, in consultation with
the Councils, shall establish a cooperative research and management
program to address needs identified under this Act and under any other
marine resource laws enforced by the Secretary. The program shall be
implemented on a regional basis and shall be developed and conducted
through partnerships among Federal, State, and Tribal managers and
scientists (including interstate fishery commissions), fishing industry
participants (including use of commercial charter or recreational
vessels for gathering data), and educational institutions.
``(b) Eligible Projects.--The Secretary shall make funds available
under the program for the support of projects to address critical needs
identified by the Councils in consultation with the Secretary. The
program shall promote and encourage efforts to utilize sources of data
maintained by other Federal agencies, State agencies, or academia for
use in such projects.
``(c) Funding.--In making funds available the Secretary shall award
funding on a competitive basis and based on regional fishery management
needs, select programs that form part of a coherent program of research
focused on solving priority issues identified by the Councils, and shall
give priority to the following projects:
``(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing vessels
or acoustic or other marine technology.
``(2) Projects to assess the amount and type of bycatch or
post-release mortality occurring in a fishery.
``(3) Conservation engineering projects designed to reduce
bycatch, including avoidance of post-release mortality,
reduction of bycatch in high seas fisheries, and transfer of
such fishing technologies to other nations.
``(4) Projects for the identification of habitat areas of
particular concern and for habitat conservation.
``(5) Projects designed to collect and compile economic and
social data.
``(d) Experimental
Permitting <<NOTE: Deadline. Regulations.>> 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
[[Page 121 STAT. 3615]]
process to promote issuance, where practicable, of experimental fishing
permits.
``(e) Guidelines.--The Secretary, in consultation with the Councils,
shall establish guidelines to ensure that participation in a research
project funded under this section does not result in loss of a
participant's catch history or unexpended days-at-sea as part of a
limited entry system.
``(f) Exempted Projects.--The procedures of this section shall not
apply to research funded by quota set-asides in a fishery.''.
SEC. 205. HERRING STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section 204, is
further amended by adding at the end the following:
``SEC. 319. <<NOTE: 16 USC 1868.>> HERRING STUDY.
``(a) In General.--The Secretary may conduct a cooperative research
program to study the issues of abundance, distribution and the role of
herring as forage fish for other commercially important fish stocks in
the Northwest Atlantic, and the potential for local scale depletion from
herring harvesting and how it relates to other fisheries in the
Northwest Atlantic. In planning, designing, and implementing this
program, the Secretary shall engage multiple fisheries sectors and
stakeholder groups concerned with herring management.
``(b) Report.--The Secretary shall present the final results of this
study to Congress within 3 months following the completion of the study,
and an interim report at the end of fiscal year 2008.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009 to
conduct this study.''.
SEC. 206. RESTORATION STUDY.
Title III (16 U.S.C. 1851 et seq.), as amended by section 205, is
further amended by adding at the end the following:
``SEC. 320. <<NOTE: 16 USC 1869.>> RESTORATION STUDY.
``(a) In General.--The Secretary may conduct a study to update
scientific information and protocols needed to improve restoration
techniques for a variety of coast habitat types and synthesize the
results in a format easily understandable by restoration practitioners
and local communities.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for fiscal year 2007 to conduct this study.''.
SEC. 207. WESTERN PACIFIC FISHERY DEMONSTRATION PROJECTS.
Section 111(b) of the Sustainable Fisheries Act (16 U.S.C. 1855
note) is amended--
(1) by striking ``and the Secretary of the Interior are'' in
paragraph (1) and inserting ``is'';
(2) by striking ``not less than three and not more than
five'' in paragraph (1); and
(3) by striking paragraph (6) and inserting the following:
``(6) In this subsection the term `Western Pacific
community' means a community eligible to participate under
section 305(i)(2)(B)(i) through (iv) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855(i)(2)(B)(i) through (iv)).''.
[[Page 121 STAT. 3616]]
SEC. 208. <<NOTE: 16 USC 1891b.>> FISHERIES CONSERVATION AND MANAGEMENT
FUND.
(a) In General.--The Secretary shall establish and maintain a fund,
to be known as the ``Fisheries Conservation and Management Fund'', which
shall consist of amounts retained and deposited into the Fund under
subsection (c).
(b) Purposes.--Subject to the allocation of funds described in
subsection (d), amounts in the Fund shall be available to the Secretary
of Commerce, without appropriation or fiscal year limitation, to
disburse as described in subsection (e) for--
(1) efforts to improve fishery harvest data collection
including--
(A) expanding the use of electronic catch reporting
programs and technology; and
(B) improvement of monitoring and observer coverage
through the expanded use of electronic monitoring
devices and satellite tracking systems such as VMS on
small vessels;
(2) cooperative fishery research and analysis, in
collaboration with fishery participants, academic institutions,
community residents, and other interested parties;
(3) development of methods or new technologies to improve
the quality, health safety, and value of fish landed;
(4) conducting analysis of fish and seafood for health
benefits and risks, including levels of contaminants and, where
feasible, the source of such contaminants;
(5) marketing of sustainable United States fishery products,
including consumer education regarding the health or other
benefits of wild fishery products harvested by vessels of the
United States;
(6) improving data collection under the Marine Recreational
Fishery Statistics Survey in accordance with section 401(g)(3)
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881(g)(3)); and
(7) providing financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
other Federal laws in pari materia.
(c) Deposits to the Fund.--
(1) Quota set-asides.--Any amount generated through quota
set-asides established by a Council under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)
and designated by the Council for inclusion in the Fishery
Conservation and Management Fund, may be deposited in the Fund.
(2) Other funds.--In addition to amounts received pursuant
to paragraph (1) of this subsection, the Fishery Conservation
and Management Fund may also receive funds from--
(A) appropriations for the purposes of this section;
and
(B) States or other public sources or private or
non-profit organizations for purposes of this section.
(d) Regional Allocation.--The Secretary shall, every 2 years,
apportion monies from the Fund among the eight Council regions according
to recommendations of the Councils, based on regional priorities
identified through the Council process, except that no
[[Page 121 STAT. 3617]]
region shall receive less than 5 percent of the Fund in each allocation
period.
(e) Limitation on the Use of the Fund.--No amount made available
from the Fund may be used to defray the costs of carrying out
requirements of this Act or the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) other than those uses
identified in this section.
SEC. 209. USE OF FISHERY FINANCE PROGRAM FOR SUSTAINABLE PURPOSES.
Section 53706(a)(7) of title 46, United States Code, is amended to
read as follows:
``(7) Financing or refinancing--
``(A) the purchase of individual fishing quotas in
accordance with section 303(d)(4) of the Magnuson-
Stevens Fishery Conservation and Management Act
(including the reimbursement of obligors for
expenditures previously made for such a purchase);
``(B) activities that assist in the transition to
reduced fishing capacity; or
``(C) technologies or upgrades designed to improve
collection and reporting of fishery-dependent data, to
reduce bycatch, to improve selectivity or reduce adverse
impacts of fishing gear, or to improve safety.''.
SEC. 210. REGIONAL ECOSYSTEM RESEARCH.
Section 406 (16 U.S.C. 1882) is amended by adding at the end the
following:
``(f) Regional Ecosystem Research.--
``(1) <<NOTE: Deadline.>> Study.--Within 180 days after the
date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the Secretary, in
consultation with the Councils, shall undertake and complete a
study on the state of the science for advancing the concepts and
integration of ecosystem considerations in regional fishery
management. The study should build upon the recommendations of
the advisory panel and include--
``(A) recommendations for scientific data,
information and technology requirements for
understanding ecosystem processes, and methods for
integrating such information from a variety of federal,
state, and regional sources;
``(B) recommendations for processes for
incorporating broad stake holder participation;
``(C) recommendations for processes to account for
effects of environmental variation on fish stocks and
fisheries; and
``(D) a description of existing and developing
council efforts to implement ecosystem approaches,
including lessons learned by the councils.
``(2) Agency Technical Advice and Assistance, Regional Pilot
Programs.--The Secretary is authorized to provide necessary
technical advice and assistance, including grants, to the
Councils for the development and design of regional pilot
programs that build upon the recommendations of the advisory
panel and, when completed, the study.''.
[[Page 121 STAT. 3618]]
SEC. 211. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end
the following:
``SEC. 408. <<NOTE: 16 USC 1884.>> DEEP SEA CORAL RESEARCH AND
TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary, in consultation with appropriate
regional fishery management councils and in coordination with other
federal agencies and educational institutions, shall, subject to the
availability of appropriations, establish a program--
``(1) to identify existing research on, and known locations
of, deep sea corals and submit such information to the
appropriate Councils;
``(2) to locate and map locations of deep sea corals and
submit such information to the Councils;
``(3) to monitor activity in locations where deep sea corals
are known or likely to occur, based on best scientific
information available, including through underwater or remote
sensing technologies and submit such information to the
appropriate Councils;
``(4) to conduct research, including cooperative research
with fishing industry participants, on deep sea corals and
related species, and on survey methods;
``(5) to develop technologies or methods designed to assist
fishing industry participants in reducing interactions between
fishing gear and deep sea corals; and
``(6) to prioritize program activities in areas where deep
sea corals are known to occur, and in areas where scientific
modeling or other methods predict deep sea corals are likely to
be present.
``(b) Reporting.--Beginning 1 year after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management Reauthorization
Act of 2006, the Secretary, in consultation with the Councils, shall
submit biennial reports to Congress and the public on steps taken by the
Secretary to identify, monitor, and protect deep sea coral areas,
including summaries of the results of mapping, research, and data
collection performed under the program.''.
SEC. 212. IMPACT OF TURTLE EXCLUDER DEVICES ON SHRIMPING.
(a) <<NOTE: Contracts.>> In General.--The Undersecretary of Commerce
for Oceans and Atmosphere shall execute an agreement with the National
Academy of Sciences to conduct, jointly, a multi-year, comprehensive in-
water study designed--
(1) to measure accurately the efforts and effects of shrimp
fishery efforts to utilize turtle excluder devices;
(2) to analyze the impact of those efforts on sea turtle
mortality, including interaction between turtles and shrimp
trawlers in the inshore, nearshore, and offshore waters of the
Gulf of Mexico and similar geographical locations in the waters
of the Southeastern United States; and
(3) to evaluate innovative technologies to increase shrimp
retention in turtle excluder devices while ensuring the
protection of endangered and threatened sea turtles.
(b) Observers.--In conducting the study, the Undersecretary shall
ensure that observers are placed onboard commercial shrimp fishing
vessels where appropriate or necessary.
[[Page 121 STAT. 3619]]
(c) Interim Reports.--During the course of the study and until a
final report is submitted to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Resources, the National Academy of Sciences shall transmit interim
reports to the Committees biannually containing a summary of preliminary
findings and conclusions from the study.
SEC. 213. HURRICANE EFFECTS ON COMMERCIAL AND RECREATION FISHERY
HABITATS.
(a) Fisheries Report.--Within 180 days after the date of enactment
of this Act, the Secretary of Commerce shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources on the impact of Hurricane
Katrina, Hurricane Rita, and Hurricane Wilma on--
(1) <<NOTE: State listing.>> commercial and recreational
fisheries in the States of Alabama, Louisiana, Florida,
Mississippi, and Texas;
(2) shrimp fishing vessels in those States; and
(3) the oyster industry in those States.
(b) Habitat Report.--Within 180 days after the date of enactment of
this Act, the Secretary of Commerce shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources on the impact of Hurricane
Katrina, Hurricane Rita, and Hurricane Wilma on habitat, including the
habitat of shrimp and oysters in those States.
(c) Habitat Restoration.--The Secretary shall carry out activities
to restore fishery habitats, including the shrimp and oyster habitats in
Louisiana and Mississippi.
SEC. 214. NORTH PACIFIC FISHERIES CONVENTION.
Section 313 (16 U.S.C. 1862) is amended--
(1) by striking ``all fisheries under the Council's
jurisdiction except salmon fisheries'' in subsection (a) and
inserting ``any fishery under the Council's jurisdiction except
a salmon fishery'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) establishes a system, or system, of fees, which may
vary by fishery, management area, or observer coverage level, to
pay for the cost of implementing the plan.'';
(3) by striking ``observers'' in subsection (b)(2)(A) and
inserting ``observers, or electronic monitoring systems,'';
(4) by inserting ``a fixed amount reflecting actual observer
costs as described in subparagraph (A) or'' in subsection
(b)(2)(E) after ``expressed as'';
(5) by inserting ``some or'' in subsection (b)(2)(F) after
``against'';
(6) by inserting ``or an electronic monitoring system''
after ``observer'' in subsection (b)(2)(F);
(7) by striking ``and'' after the semicolon in subsection
(b)(2)(H); and
(8) by redesignating subparagraph (I) of subsection (b)(2)
as subparagraph (J) and inserting after subparagraph (H) the
following:
``(I) provide that fees collected will be credited against
any fee for stationing observers or electronic monitoring
systems on board fishing vessels and United States fish
processors
[[Page 121 STAT. 3620]]
and the actual cost of inputting collected data to which a
fishing vessel or fish processor is subject under section 304(d)
of this Act; and''.
SEC. 215. NEW ENGLAND GROUNDFISH FISHERY.
(a) Review.--The Secretary of Commerce shall conduct a unique,
thorough examination of the potential impact on all affected and
interested parties of Framework 42 to the Northeast Multispecies Fishery
Management Plan.
(b) Report.--The Secretary shall report the Secretary's findings
under subsection (a) within 30 days after the date of enactment of this
Act. The Secretary shall include in the report a detailed discussion of
each of the following:
(1) The economic and social implications for affected
parties within the fishery, including potential losses to
infrastructure, expected from the imposition of Framework 42.
(2) The estimated average annual income generated by
fishermen in New England, separated by State and vessel size,
and the estimated annual income expected after the imposition of
Framework 42.
(3) Whether the differential days-at-sea counting imposed by
Framework 42 would result in a reduction in the number of small
vessels actively participating in the New England Fishery.
(4) The percentage and approximate number of vessels in the
New England fishery, separated by State and vessel type, that
are incapable of fishing outside the areas designated in
Framework 42 for differential days-at-sea counting.
(5) The percentage of the annual groundfish catch in the New
England fishery that is harvested by small vessels.
(6) The current monetary value of groundfish permits in the
New England fishery and the actual impact that the potential
imposition of Framework 42 is having on such value.
(7) Whether permitting days-at-sea to be leased is altering
the market value for groundfish permits or days-at-sea in New
England.
(8) Whether there is a substantially high probability that
the biomass targets used as a basis for Amendment 13 remain
achievable.
(9) An identification of the year in which the biomass
targets used as a basis for Amendment 13 were last evident or
achieved, and the evidence used to determine such date.
(10) Any separate or non-fishing factors, including
environmental factors, that may be leading to a slower
rebuilding of groundfish than previously anticipated.
(11) The potential harm to the non-fishing environment and
ecosystem from the reduction in fishing resulting from Framework
42 and the potential redevelopment of the coastal land for other
purposes, including potential for increases in non-point source
of pollution and other impacts.
SEC. 216. REPORT ON COUNCIL MANAGEMENT COORDINATION.
The Mid-Atlantic Fishery Council, in consultation with the New
England Fishery Council, shall submit a report to the Senate Committee
on Commerce, Science, and Transportation within 9 months after the date
of enactment of this Act--
(1) describing the role of council liaisons between the Mid-
Atlantic and New England Councils, including an explanation
[[Page 121 STAT. 3621]]
of council policies regarding the liaison's role in Council
decision-making since 1996;
(2) describing how management actions are taken regarding
the operational aspects of current joint fishery management
plans, and how such joint plans may undergo changes through
amendment or framework processes;
(3) evaluating the role of the New England Fishery Council
and the Mid-Atlantic Fishery Council liaisons in the development
and approval of management plans for fisheries in which the
liaisons or members of the non-controlling Council have a
demonstrated interest and significant current and historical
landings of species managed by either Council;
(4) evaluating the effectiveness of the various approaches
developed by the Councils to improve representation for affected
members of the non-controlling Council in Council decision-
making, such as use of liaisons, joint management plans, and
other policies, taking into account both the procedural and
conservation requirements of the Magnuson-Stevens Fishery
Conservation and Management Act; and
(5) analyzing characteristics of North Carolina and Florida
that supported their inclusion as voting members of more than
one Council and the extent to which those characteristics
support Rhode Island's inclusion on a second Council (the Mid-
Atlantic Council).
SEC. 217. STUDY OF SHORTAGE IN THE NUMBER OF INDIVIDUALS WITH POST-
BACCALAUREATE DEGREES IN SUBJECTS RELATED TO FISHERY
SCIENCE.
(a) In General.--The Secretary of Commerce and the Secretary of
Education shall collaborate to conduct a study of--
(1) whether there is a shortage in the number of individuals
with post-baccalaureate degrees in subjects related to fishery
science, including fishery oceanography, fishery ecology, and
fishery anthropology, who have the ability to conduct high
quality scientific research in fishery stock assessment, fishery
population dynamics, and related fields, for government, non-
profit, and private sector entities;
(2) what Federal programs are available to help facilitate
the education of students hoping to pursue these degrees; and
(3) what institutions of higher education, the private
sector, and the Congress could do to try to increase the number
of individuals with such post-baccalaureate degrees.
(b) Report.--Not later than 8 months after the date of enactment of
this Act, the Secretaries of Commerce and Education shall transmit a
report to each committee of Congress with jurisdiction over the programs
referred to in subsection (a), detailing the findings and
recommendations of the study under this section.
SEC. 218. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM.
Section 802 of Public Law 108-199 (118 Stat. 110) <<NOTE: 16 USC
1851 note.>> is amended by striking ``2 years'' and inserting ``5
years''.
TITLE III--OTHER FISHERIES STATUTES
SEC. 301. AMENDMENTS TO NORTHERN PACIFIC HALIBUT ACT.
(a) Civil Penalties.--Section 8(a) of the Northern Pacific Halibut
Act of 1982 (16 U.S.C. 773f(a)) is amended--
[[Page 121 STAT. 3622]]
(1) by striking ``$25,000'' and inserting ``$200,000'';
(2) by striking ``violation, the degree of culpability, and
history of prior offenses, ability to pay,'' in the fifth
sentence and inserting ``violator, the degree of culpability,
any history of prior offenses,''; and
(3) by adding at the end the following: ``In assessing such
penalty, the Secretary may also consider any information
provided by the violator relating to the ability of the violator
to pay if the information is provided to the Secretary at least
30 days prior to an administrative hearing.''.
(b) Permit Sanctions.--Section 8 of the Northern Pacific Halibut Act
of 1982 (16 U.S.C. 773f) is amended by adding at the end the following:
``(e) Revocation or Suspension of Permit.--
``(1) In general.--The Secretary may take any action
described in paragraph (2) in any case in which--
``(A) a vessel has been used in the commission of
any act prohibited under section 7;
``(B) the owner or operator of a vessel or any other
person who has been issued or has applied for a permit
under this Act has acted in violation of section 7; or
``(C) any amount in settlement of a civil forfeiture
imposed on a vessel or other property, or any civil
penalty or criminal fine imposed on a vessel or owner or
operator of a vessel or any other person who has been
issued or has applied for a permit under any marine
resource law enforced by the Secretary has not been paid
and is overdue.
``(2) Permit-related actions.--Under the circumstances
described in paragraph (1) the Secretary may--
``(A) revoke any permit issued with respect to such
vessel or person, with or without prejudice to the
issuance of subsequent permits;
``(B) suspend such permit for a period of time
considered by the Secretary to be appropriate;
``(C) deny such permit; or
``(D) impose additional conditions and restrictions
on any permit issued to or applied for by such vessel or
person under this Act and, with respect to any foreign
fishing vessel, on the approved application of the
foreign nation involved and on any permit issued under
that application.
``(3) Factors to be considered.--In imposing a sanction
under this subsection, the Secretary shall take into account--
``(A) the nature, circumstances, extent, and gravity
of the prohibited acts for which the sanction is
imposed; and
``(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such
other matters as justice may require.
``(4) Transfers of ownership.--Transfer of ownership of a
vessel, a permit, or any interest in a permit, by sale or
otherwise, shall not extinguish any permit sanction that is in
effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, permit,
or interest in a permit, by sale or otherwise, the owner shall
disclose in writing to the prospective transferee the existence
of any permit sanction that will be in effect or pending with
respect to the vessel, permit, or interest at the time of the
transfer.
[[Page 121 STAT. 3623]]
``(5) Reinstatement.--In the case of any permit that is
suspended under this subsection for nonpayment of a civil
penalty, criminal fine, or any amount in settlement of a civil
forfeiture, the Secretary shall reinstate the permit upon
payment of the penalty, fine, or settlement amount and interest
thereon at the prevailing rate.
``(6) Hearing.--No sanction shall be imposed under this
subsection unless there has been prior opportunity for a hearing
on the facts underlying the violation for which the sanction is
imposed either in conjunction with a civil penalty proceeding
under this section or otherwise.
``(7) Permit defined.--In this subsection, the term `permit'
means any license, certificate, approval, registration, charter,
membership, exemption, or other form of permission issued by the
Commission or the Secretary, and includes any quota share or
other transferable quota issued by the Secretary.''.
(c) Criminal Penalties.--Section 9(b) of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773g(b)) is amended--
(1) by striking ``$50,000'' and inserting ``$200,000''; and
(2) by striking ``$100,000,'' and inserting ``$400,000,''.
SEC. 302. REAUTHORIZATION OF OTHER FISHERIES ACTS.
(a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended to
read as follows:
``(a) Authorization.--For each of fiscal years 2007, 2008, 2009,
2010, 2011, there are authorized to be appropriated to carry out this
Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.
(b) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000
for each of fiscal years 2004 through 2008,'' and inserting ``$4,000,000
for each of fiscal years 2007 through 2011''.
(c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal
years 2001 through 2005'' and inserting ``fiscal years 2007 through
2011''.
(d) Pacific Salmon Treaty Act.--
(1) Transfer of section to act.--The text of section 623 of
title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on
November 17, 1999, enacted into law by section 1000(a)(1) of the
Act of November 29, 1999 (Public Law 106-113), and amended by
Public Law 106-533 <<NOTE: 16 USC 3645.>> (114 Stat. 2762A-
108)--
(A) is transferred to the Pacific Salmon Treaty Act
(16 U.S.C. 3631 et seq.) and inserted after section 15;
and
(B) amended--
(i) by striking ``Sec. 623.''; and
(ii) inserting before ``(a) Northern Fund and
Southern Fund.--'' the following:
[[Page 121 STAT. 3624]]
``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION;
ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.''.
(2) Reauthorization.--Section 16(d)(2)(A) of the Pacific
Salmon Treaty Act, as transferred by paragraph (1), is amended--
(1) by inserting ``sustainable salmon fisheries,'' after
``enhancement,'';
(2) by inserting ``2005, 2006, 2007, 2008, and 2009,'' after
``2003,''; and
(3) by inserting ``Idaho,'' after ``Oregon,''.
(e) State Authority for Dungeness Crab Fishery Management.--Section
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
(1) by striking ``September 30, 2006.'' in subsection (i)
and inserting ``September 30, 2016.'';
(2) by striking ``health'' in subsection (j) and inserting
``status''; and
(3) by striking ``California.'' in subsection (j) and
inserting ``California, including--
``(1) stock status and trends throughout its range;
``(2) a description of applicable research and scientific
review processes used to determine stock status and trends; and
``(3) measures implemented or planned that are designed to
prevent or end overfishing in the fishery.''.
(f) Pacific Fishery Management Council.--
(1) <<NOTE: Proposal.>> In General.--The Pacific Fishery
Management Council shall develop a proposal for the appropriate
rationalization program for the Pacific trawl groundfish and
whiting fisheries, including the shore-based sector of the
Pacific whiting fishery under its jurisdiction. The proposal may
include only the Pacific whiting fishery, including the shore-
based sector, if the Pacific Council determines that a
rationalization plan for the fishery as a whole cannot be
achieved before the report is required to be submitted under
paragraph (3).
(2) Required analysis.--In developing the proposal to
rationalize the fishery, the Pacific Council shall fully analyze
alternative program designs, including the allocation of limited
access privileges to harvest fish to fishermen and processors
working together in regional fishery associations or some other
cooperative manner to harvest and process the fish, as well as
the effects of these program designs and allocations on
competition and conservation. The analysis shall include an
assessment of the impact of the proposal on conservation and the
economics of communities, fishermen, and processors
participating in the trawl groundfish fisheries, including the
shore-based sector of the Pacific whiting fishery.
(3) Report.--The Pacific Council shall submit the proposal
and related analysis to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources no later than 24 months after the date of
enactment of this Act.
(g) Reauthorization of the Interjurisdictional Fisheries Act of
1986.--Section 308 of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107) is amended--
(1) by striking subsection (a) and inserting the following:
[[Page 121 STAT. 3625]]
``(a) General Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for apportionment to carry out
the purposes of this title $5,000,000 for each of fiscal years 2007
through 2012.''; and
(2) by striking ``$850,000 for each of fiscal years 2003 and
2004, and $900,000 for each of fiscal years 2005 and 2006'' in
subsection (c) and inserting ``$900,000 for each of fiscal years
2007 through 2012''.
(h) Reauthorization and amendment of the Anadromous Fish
Conservation Act.--Section 4 of the Anadromous Fish Conservation Act (16
U.S.C. 757d) is amended to read as follows:
``SEC. 4. <<NOTE: 16 USC 757d.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the purposes
of this Act not to exceed $4,500,000 for each of fiscal years 2007
through 2012.''.
(i) Reauthorization of the Northwest Atlantic Fisheries Convention
Act OF 1995.--Section 211 of the Northwest Atlantic Fisheries Convention
Act of 1995 (16 U.S.C. 5610) is amended by striking ``2006'' and
inserting ``2012''.
TITLE IV--INTERNATIONAL
SEC. 401. INTERNATIONAL MONITORING AND COMPLIANCE.
Title II (16 U.S.C. 1821 et seq.) is amended by adding at the end
the following:
``SEC. 207. <<NOTE: 16 USC 1829.>> INTERNATIONAL MONITORING AND
COMPLIANCE.
``(a) In General.--The Secretary may undertake activities to promote
improved monitoring and compliance for high seas fisheries, or fisheries
governed by international fishery management agreements, and to
implement the requirements of this title.
``(b) Specific Authorities.--In carrying out subsection (a), the
Secretary may--
``(1) share information on harvesting and processing
capacity and illegal, unreported and unregulated fishing on the
high seas, in areas covered by international fishery management
agreements, and by vessels of other nations within the United
States exclusive economic zone, with relevant law enforcement
organizations of foreign nations and relevant international
organizations;
``(2) further develop real time information sharing
capabilities, particularly on harvesting and processing capacity
and illegal, unreported and unregulated fishing;
``(3) participate in global and regional efforts to build an
international network for monitoring, control, and surveillance
of high seas fishing and fishing under regional or global
agreements;
``(4) support efforts to create an international registry or
database of fishing vessels, including by building on or
enhancing registries developed by international fishery
management organizations;
``(5) enhance enforcement capabilities through the
application of commercial or governmental remote sensing
technology to locate or identify vessels engaged in illegal,
unreported,
[[Page 121 STAT. 3626]]
or unregulated fishing on the high seas, including encroachments
into the exclusive economic zone by fishing vessels of other
nations;
``(6) provide technical or other assistance to developing
countries to improve their monitoring, control, and surveillance
capabilities; and
``(7) <<NOTE: Deadline.>> support coordinated international
efforts to ensure that all large-scale fishing vessels operating
on the high seas are required by their flag State to be fitted
with vessel monitoring systems no later than December 31, 2008,
or earlier if so decided by the relevant flag State or any
relevant international fishery management organization.''.
SEC. 402. FINDING WITH RESPECT TO ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING.
Section 2(a) (16 U.S.C. 1801(a)), as amended by section 3 of this
Act, is further amended by adding at the end the following:
``(12) International cooperation is necessary to address
illegal, unreported, and unregulated fishing and other fishing
practices which may harm the sustainability of living marine
resources and disadvantage the United States fishing
industry.''.
SEC. 403. ACTION TO END ILLEGAL, UNREPORTED, OR UNREGULATED FISHING AND
REDUCE BYCATCH OF PROTECTED MARINE SPECIES.
(a) In General.--Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended by
adding at the end the following:
``SEC. 607. <<NOTE: 16 USC 1826h.>> BIENNIAL REPORT ON INTERNATIONAL
COMPLIANCE.
``The Secretary, in consultation with the Secretary of State, shall
provide to Congress, by not later than 2 years after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, and every 2 years thereafter, a report that
includes--
``(1) the state of knowledge on the status of international
living marine resources shared by the United States or subject
to treaties or agreements to which the United States is a party,
including a list of all such fish stocks classified as
overfished, overexploited, depleted, endangered, or threatened
with extinction by any international or other authority charged
with management or conservation of living marine resources;
``(2) a list of nations whose vessels have been identified
under section 609(a) or 610(a), including the specific offending
activities and any subsequent actions taken pursuant to section
609 or 610;
``(3) a description of efforts taken by nations on those
lists to comply take appropriate corrective action consistent
with sections 609 and 610, and an evaluation of the progress of
those efforts, including steps taken by the United States to
implement those sections and to improve international
compliance;
``(4) progress at the international level, consistent with
section 608, to strengthen the efforts of international fishery
management organizations to end illegal, unreported, or
unregulated fishing; and
[[Page 121 STAT. 3627]]
``(5) steps taken by the Secretary at the international
level to adopt international measures comparable to those of the
United States to reduce impacts of fishing and other practices
on protected living marine resources, if no international
agreement to achieve such goal exists, or if the relevant
international fishery or conservation organization has failed to
implement effective measures to end or reduce the adverse
impacts of fishing practices on such species.
``SEC. 608. <<NOTE: 16 USC 1826i.>> ACTION TO STRENGTHEN INTERNATIONAL
FISHERY MANAGEMENT ORGANIZATIONS.
``The Secretary, in consultation with the Secretary of State, and in
cooperation with relevant fishery management councils and any relevant
advisory committees, shall take actions to improve the effectiveness of
international fishery management organizations in conserving and
managing fish stocks under their jurisdiction. These actions shall
include--
``(1) urging international fishery management organizations
to which the United States is a member--
``(A) to incorporate multilateral market-related
measures against member or nonmember governments whose
vessels engage in illegal, unreported, or unregulated
fishing;
``(B) to seek adoption of lists that identify
fishing vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing that can be shared
among all members and other international fishery
management organizations;
``(C) to seek international adoption of a
centralized vessel monitoring system in order to monitor
and document capacity in fleets of all nations involved
in fishing in areas under an international fishery
management organization's jurisdiction;
``(D) to increase use of observers and technologies
needed to monitor compliance with conservation and
management measures established by the organization,
including vessel monitoring systems and automatic
identification systems; and
``(E) to seek adoption of stronger port state
controls in all nations, particularly those nations in
whose ports vessels engaged in illegal, unreported, or
unregulated fishing land or transship fish;
``(2) urging international fishery management organizations
to which the United States is a member, as well as all members
of those organizations, to adopt and expand the use of market-
related measures to combat illegal, unreported, or unregulated
fishing, including--
``(A) import prohibitions, landing restrictions, or
other market-based measures needed to enforce compliance
with international fishery management organization
measures, such as quotas and catch limits;
``(B) import restrictions or other market-based
measures to prevent the trade or importation of fish
caught by vessels identified multilaterally as engaging
in illegal, unreported, or unregulated fishing; and
``(C) catch documentation and certification schemes
to improve tracking and identification of catch of
vessels engaged in illegal, unreported, or unregulated
fishing,
[[Page 121 STAT. 3628]]
including advance transmission of catch documents to
ports of entry; and
``(3) urging other nations at bilateral, regional, and
international levels, including the Convention on International
Trade in Endangered Species of Fauna and Flora and the World
Trade Organization to take all steps necessary, consistent with
international law, to adopt measures and policies that will
prevent fish or other living marine resources harvested by
vessels engaged in illegal, unreported, or unregulated fishing
from being traded or imported into their nation or territories.
``SEC. 609. <<NOTE: 16 USC 1826j.>> ILLEGAL, UNREPORTED, OR UNREGULATED
FISHING.
``(a) Identification.--The Secretary shall identify, and list in the
report under section 607, a nation if fishing vessels of that nation are
engaged, or have been engaged at any point during the preceding 2 years,
in illegal, unreported, or unregulated fishing--
``(1) the relevant international fishery management
organization has failed to implement effective measures to end
the illegal, unreported, or unregulated fishing activity by
vessels of that nation or the nation is not a party to, or does
not maintain cooperating status with, such organization; or
``(2) where no international fishery management organization
exists with a mandate to regulate the fishing activity in
question.
``(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President and
that nation of such identification.
``(c) <<NOTE: Deadline. Notification.>> Consultation.--No later than
60 days after submitting a report to Congress under section 607, the
Secretary, acting through the Secretary of State, shall--
``(1) notify nations listed in the report of the
requirements of this section;
``(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with
respect to the offending activities of their fishing vessels
identified in the report; and
``(3) notify any relevant international fishery management
organization of the actions taken by the United States under
this section.
``(d) IUU Certification Procedure.--
``(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, for determining if a
nation identified under subsection (a) and listed in the report
under section 607 has taken appropriate corrective action with
respect to the offending activities of its fishing vessels
identified in the report under section 607. The certification
procedure shall provide for notice and an opportunity for
comment by any such
nation. <<NOTE: Deadlines. Regulations.>> The Secretary shall
determine, on the basis of the procedure, and certify to the
Congress no later than 90 days after the date on which the
Secretary promulgates a final rule containing the procedure, and
biennially thereafter in the report under section 607--
[[Page 121 STAT. 3629]]
``(A) whether the government of each nation
identified under subsection (a) has provided documentary
evidence that it has taken corrective action with
respect to the offending activities of its fishing
vessels identified in the report; or
``(B) whether the relevant international fishery
management organization has implemented measures that
are effective in ending the illegal, unreported, or
unregulated fishing activity by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure for certification, on a shipment-by-shipment, shipper-
by-shipper, or other basis of fish or fish products from a
vessel of a harvesting nation not certified under paragraph (1)
if the Secretary determines that--
``(A) the vessel has not engaged in illegal,
unreported, or unregulated fishing under an
international fishery management agreement to which the
United States is a party; or
``(B) the vessel is not identified by an
international fishery management organization as
participating in illegal, unreported, or unregulated
fishing activities.
``(3) Effect of certification.--
``(A) In general.--The provisions of section 101(a)
and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4))--
``(i) <<NOTE: Applicability.>> shall apply to
any nation identified under subsection (a) that
has not been certified by the Secretary under this
subsection, or for which the Secretary has issued
a negative certification under this subsection;
but
``(ii) shall not apply to any nation
identified under subsection (a) for which the
Secretary has issued a positive certification
under this subsection.
``(B) Exceptions.--Subparagraph (A)(i) does not
apply--
``(i) to the extent that such provisions would
apply to sport fishing equipment or to fish or
fish products not managed under the applicable
international fishery agreement; or
``(ii) if there is no applicable international
fishery agreement, to the extent that such
provisions would apply to fish or fish products
caught by vessels not engaged in illegal,
unreported, or unregulated fishing.
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
``(1) In general.--In this Act the term `illegal,
unreported, or unregulated fishing' has the meaning established
under paragraph (2).
``(2) Secretary to define term within legislative
guidelines.-- <<NOTE: Deadline. Publication.>> Within 3 months
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary shall publish a definition of the term `illegal,
unreported, or unregulated fishing' for purposes of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
[[Page 121 STAT. 3630]]
``(A) fishing activities that violate conservation
and management measures required under an international
fishery management agreement to which the United States
is a party, including catch limits or quotas, capacity
restrictions, and bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the
United States, for which there are no applicable
international conservation or management measures or in
areas with no applicable international fishery
management organization or agreement, that has adverse
impacts on such stocks; and
``(C) fishing activity that has an adverse impact on
seamounts, hydrothermal vents, and cold water corals
located beyond national jurisdiction, for which there
are no applicable conservation or management measures or
in areas with no applicable international fishery
management organization or agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2007 through 2013 such
sums as are necessary to carry out this section.
``SEC. 610. <<NOTE: 16 USC 1826k.>> EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and list in the
report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have
been engaged during the preceding calendar year in fishing
activities or practices;
``(A) in waters beyond any national jurisdiction
that result in bycatch of a protected living marine
resource; or
``(B) beyond the exclusive economic zone of the
United States that result in bycatch of a protected
living marine resource shared by the United States;
``(2) the relevant international organization for the
conservation and protection of such resources or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce such bycatch, or
the nation is not a party to, or does not maintain cooperating
status with, such organization; and
``(3) the nation has not adopted a regulatory program
governing such fishing practices designed to end or reduce such
bycatch that is comparable to that of the United States, taking
into account different conditions.
``(b) Consultation and Negotiation.--The Secretary, acting through
the Secretary of State, shall--
``(1) <<NOTE: Notification.>> notify, as soon as possible,
other nations whose vessels engage in fishing activities or
practices described in subsection (a), about the provisions of
this section and this Act;
``(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have persons
or companies engaged in, fishing activities or practices
described in subsection (a), for the purpose of entering into
bilateral and multilateral treaties with such countries to
protect such species;
``(3) seek agreements calling for international restrictions
on fishing activities or practices described in subsection (a)
through the United Nations, the Food and Agriculture
[[Page 121 STAT. 3631]]
Organization's Committee on Fisheries, and appropriate
international fishery management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.
``(c) Conservation Certification Procedure.--
``(1) Determination.--The Secretary shall establish a
procedure consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, for determining
whether the government of a harvesting nation identified under
subsection (a) and listed in the report under section 607--
``(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine resource
that is comparable to that of the United States, taking
into account different conditions, and which, in the
case of pelagic longline fishing, includes mandatory use
of circle hooks, careful handling and release equipment,
and training and observer programs; and
``(B) has established a management plan containing
requirements that will assist in gathering species-
specific data to support international stock assessments
and conservation enforcement efforts for protected
living marine resources.
``(2) Procedural requirement.--The procedure established by
the Secretary under paragraph (1) shall include notice and
opportunity for comment by any such nation.
``(3) <<NOTE: Deadlines.>> Certification.--The Secretary
shall certify to the Congress by January 31, 2007, and
biennially thereafter whether each such nation has provided the
documentary evidence described in paragraph (1)(A) and
established a management plan described in paragraph (1)(B).
``(4) <<NOTE: Certification.>> Alternative procedure.--The
Secretary shall establish a procedure for certification, on a
shipment-by-shipment, shipper-by-shipper, or other basis of fish
or fish products from a vessel of a harvesting nation not
certified under paragraph (3) if the Secretary determines that
such imports were harvested by practices that do not result in
bycatch of a protected marine species, or were harvested by
practices that--
``(A) are comparable to those of the United States,
taking into account different conditions, and which, in
the case of pelagic longline fishing, includes mandatory
use of circle hooks, careful handling and release
equipment, and training and observer programs; and
``(B) include the gathering of species specific data
that can be used to support international and regional
stock assessments and conservation efforts for protected
living marine resources.
``(5) <<NOTE: Applicability.>> Effect of Certification.--The
provisions of section 101(a) and section 101(b)(3) and (4) of
this Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to the
extent that such provisions apply to sport fishing equipment or
fish or fish products not caught by the vessels engaged in
illegal, unreported, or unregulated fishing) shall apply to any
nation identified under subsection (a) that has not been
certified by the Secretary under this subsection, or for which
the Secretary
[[Page 121 STAT. 3632]]
has issued a negative certification under this subsection, but
shall not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive certification
under this subsection.
``(d) International Cooperation and Assistance.--To the greatest
extent possible consistent with existing authority and the availability
of funds, the Secretary shall--
``(1) provide appropriate assistance to nations identified
by the Secretary under subsection (a) and international
organizations of which those nations are members to assist those
nations in qualifying for certification under subsection (c);
``(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
``(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c);
and
``(4) provide assistance to those nations or organizations
in designing and implementing appropriate fish harvesting plans.
``(e) Protected Living Marine Resource Defined.--In this section the
term `protected living marine resource'--
``(1) means non-target fish, sea turtles, or marine mammals
that are protected under United States law or international
agreement, including the Marine Mammal Protection Act, the
Endangered Species Act, the Shark Finning Prohibition Act, and
the Convention on International Trade in Endangered Species of
Wild Flora and Fauna; but
``(2) does not include species, except sharks, managed under
the Magnuson-Stevens Fishery Conservation and Management Act,
the Atlantic Tunas Convention Act, or any international fishery
management agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2007 through 2013 such
sums as are necessary to carry out this section.''.
(b) Conforming Amendments.--
(1) Denial of port privileges.--Section 101(b) of the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is
amended by inserting ``or illegal, unreported, or unregulated
fishing'' after ``fishing'' in paragraph (1)(A)(i), paragraph
(1)(B), paragraph (2), and paragraph (4)(A)(i).
(2) Duration of denial.--Section 102 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended
by inserting ``or illegal, unreported , or unregulated fishing''
after ``fishing''.
SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) Waiver Authority.--Section 201(h)(2)(B) (16 U.S.C.
1821(h)(2)(B)) is amended by striking ``that is at least equal in
effectiveness to the program established by the Secretary;'' and
inserting ``or other monitoring program that the Secretary, in
consultation with the Western Pacific Management Council, determines is
adequate to monitor harvest, bycatch, and compliance with the laws of
the United States by vessels fishing under the agreement;''.
(b) Marine Conservation Plans.--Section 204(e)(4)(A)(i) (16 U.S.C.
1824(e)(4)(A)(i)) is amended to read as follows:
[[Page 121 STAT. 3633]]
``(i) Pacific Insular Area observer programs, or other
monitoring programs, that the Secretary determines are adequate
to monitor the harvest, bycatch, and compliance with the laws of
the United States by foreign fishing vessels that fish under
Pacific Insular Area fishing agreements;''.
SEC. 405. REAUTHORIZATION OF ATLANTIC TUNAS CONVENTION ACT.
(a) In General.--Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this Act, including use for payment of the United
States share of the joint expenses of the Commission as provided in
Article X of the Convention--
``(1) $5,770,000 for each of fiscal years 2007 and 2008;
``(2) $6,058,000 for each of fiscal years 2009 and 2010; and
``(3) $6,361,000 for each of fiscal years 2011 and 2013.
``(b) Allocation.--Of the amounts made available under subsection
(a) for each fiscal year--
``(1) $160,000 are authorized for the advisory committee
established under section 4 of this Act and the species working
groups established under section 4A of this Act; and
``(2) $7,500,000 are authorized for research activities
under this Act and section 3 of Public Law 96-339 (16 U.S.C.
971i), of which $3,000,000 shall be for the cooperative research
program under section 3(b)(2)(H) of that section (16 U.S.C.
971i(b)(2)(H).''.
(b) Atlantic Billfish Cooperative Research Program.--Section 3(b)(2)
of Public Law 96-339 (16 U.S.C. 971i(b)(2)) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(G);
(2) by redesignating subparagraph (H) as subparagraph (I);
and
(3) by inserting after subparagraph (G) the following:
``(H) include a cooperative research program on
Atlantic billfish based on the Southeast Fisheries
Science Center Atlantic Billfish Research Plan of 2002;
and''.
(c) Sense of Congress Regarding Fish Habitat.--Section 3 of the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a) is amended by
adding at the end the following:
``(e) Sense of Congress Regarding Fish Habitat.--It is the sense of
the Congress that the United States Commissioners should seek to include
ecosystem considerations in fisheries management, including the
conservation of fish habitat.''.
SEC. 406. INTERNATIONAL OVERFISHING AND DOMESTIC EQUITY.
(a) <<NOTE: Applicability.>> International Overfishing.--Section 304
(16 U.S.C. 1854) is amended by adding at the end thereof the following:
``(i) International Overfishing.--The provisions of this subsection
shall apply in lieu of subsection (e) to a fishery that the Secretary
determines is overfished or approaching a condition of being overfished
due to excessive international fishing pressure, and for which there are
no management measures to end overfishing under an international
agreement to which the United States is a party. For such fisheries--
[[Page 121 STAT. 3634]]
``(1) the Secretary, in cooperation with the Secretary of
State, immediately take appropriate action at the international
level to end the overfishing; and
``(2) <<NOTE: Deadline. Recommen- dations.>> within 1 year
after the Secretary's determination, the appropriate Council, or
Secretary, for fisheries under section 302(a)(3) shall--
``(A) develop recommendations for domestic
regulations to address the relative impact of fishing
vessels of the United States on the stock and, if
developed by a Council, the Council shall submit such
recommendations to the Secretary; and
``(B) develop and submit recommendations to the
Secretary of State, and to the Congress, for
international actions that will end overfishing in the
fishery and rebuild the affected stocks, taking into
account the relative impact of vessels of other nations
and vessels of the United States on the relevant
stock.''.
(b) Highly Migratory Species Tagging Research.--Section 304(g)(2)
(16 U.S.C. 1854(g)(2)) is amended by striking ``(16 U.S.C. 971d)'' and
inserting ``(16 U.S.C. 971d), or highly migratory species harvested in a
commercial fishery managed by a Council under this Act or the Western
and Central Pacific Fisheries Convention Implementation Act,''.
SEC. 407. <<NOTE: 16 USC 1891c.>> UNITED STATES CATCH HISTORY.
In establishing catch allocations under international fisheries
agreements, the Secretary, in consultation with the Secretary of the
Department in which the Coast Guard is operating, and the Secretary of
State, shall ensure that all catch history associated with a vessel of
the United States remains with the United States and is not transferred
or credited to any other nation or vessel of such nation, including when
a vessel of the United States is sold or transferred to a citizen of
another nation or to an entity controlled by citizens of another nation.
SEC. 408. <<NOTE: 16 USC 1891d.>> SECRETARIAL REPRESENTATIVE FOR
INTERNATIONAL FISHERIES.
(a) In General.--The Secretary, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, shall designate a
Senate-confirmed, senior official within the National Oceanic and
Atmospheric Administration to perform the duties of the Secretary with
respect to international agreements involving fisheries and other living
marine resources, including policy development and representation as a
U.S. Commissioner, under any such international agreements.
(b) Advice.--The designated official shall, in consultation with the
Deputy Assistant Secretary for International Affairs and the
Administrator of the National Marine Fisheries Service, advise the
Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and
other senior officials of the Department of Commerce and the National
Oceanic and Atmospheric Administration on development of policy on
international fisheries conservation and management matters.
(c) Consultation.--The designated official shall consult with the
Senate Committee on Commerce, Science, and Transportation and the House
Committee on Resources on matters pertaining to any regional or
international negotiation concerning living marine resources, including
shellfish.
[[Page 121 STAT. 3635]]
(d) Delegation.--The designated official may delegate and authorize
successive re-delegation of such functions, powers, and duties to such
officers and employees of the National Oceanic and Atmospheric
Administration as deemed necessary to discharge the responsibility of
the Office.
(e) Effective Date.--This section shall take effect on January 1,
2009.
TITLE <<NOTE: Western and Central Pacific Fisheries Convention
Implementation Act.>> V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC
FISHERIES CONVENTION
SEC. 501. <<NOTE: 16 USC 6901 note.>> SHORT TITLE.
This title may be cited as the ``Western and Central Pacific
Fisheries Convention Implementation Act''.
SEC. 502. <<NOTE: 16 USC 6901.>> DEFINITIONS.
In this title:
(1) 1982 Convention.--The term ``1982 Convention'' means the
United Nations Convention on the Law of the Sea of 10 December
1982.
(2) Agreement.--The term ``Agreement'' means the Agreement
for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to
the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks.
(3) Commission.--The term ``Commission'' means the
Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
established in accordance with this Convention.
(4) Convention area.--The term ``convention area'' means all
waters of the Pacific Ocean bounded to the south and to the east
by the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th
parallel of south latitude to its intersection with the 150th
meridian of east longitude; thence due south along the 150th
meridian of east longitude to its intersection with the 60th
parallel of south latitude; thence due east along the 60th
parallel of south latitude to its intersection with the 130th
meridian of west longitude; thence due north along the 130th
meridian of west longitude to its intersection with the 4th
parallel of south latitude; thence due west along the 4th
parallel of south latitude to its intersection with the 150th
meridian of west longitude; thence due north along the 150th
meridian of west longitude.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Numbered 5030 of March 10, 1983.
(6) Fishing.--The term ``fishing'' means--
(A) searching for, catching, taking, or harvesting
fish;
(B) attempting to search for, catch, take, or
harvest fish;
[[Page 121 STAT. 3636]]
(C) engaging in any other activity which can
reasonably be expected to result in the locating,
catching, taking, or harvesting of fish for any purpose;
(D) placing, searching for, or recovering fish
aggregating devices or associated electronic equipment
such as radio beacons;
(E) any operations at sea directly in support of, or
in preparation for, any activity described in
subparagraphs (A) through (D), including transshipment;
and
(F) use of any other vessel, vehicle, aircraft, or
hovercraft, for any activity described in subparagraphs
(A) through (E) except for emergencies involving the
health and safety of the crew or the safety of a vessel.
(7) Fishing vessel.--The term ``fishing vessel'' means any
vessel used or intended for use for the purpose of fishing,
including support ships, carrier vessels, and any other vessel
directly involved in such fishing operations.
(8) Highly migratory fish stocks.--The term ``highly
migratory fish stocks'' means all fish stocks of the species
listed in Annex 1 of the 1982 Convention, except sauries,
occurring in the Convention Area, and such other species of fish
as the Commission may determine.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, and any other commonwealth, territory, or possession of
the United States.
(11) Transhipment.--The term ``transshipment'' means the
unloading of all or any of the fish on board a fishing vessel to
another fishing vessel either at sea or in port.
(12) WCPFC convention; western and central pacific
convention.--The terms ``WCPFC Convention'' and ``Western and
Central Pacific Convention'' means the Convention on the
Conservation and Management of the Highly Migratory Fish Stocks
in the Western and Central Pacific Ocean, (including any
annexes, amendments, or protocols which are in force, or have
come into force, for the United States) which was adopted at
Honolulu, Hawaii, on September 5, 2000, by the Multilateral High
Level Conference on the Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean.
SEC. 503. <<NOTE: 16 USC 6902.>> APPOINTMENT OF UNITED STATES
COMMISSIONERS.
(a) In General.--The United States shall be represented on the
Commission by 5 United States Commissioners. <<NOTE: President.>> The
President shall appoint individuals to serve on the Commission at the
pleasure of the President. In making the appointments, the President
shall select Commissioners from among individuals who are knowledgeable
or experienced concerning highly migratory fish stocks in the Western
and Central Pacific Ocean, one of whom shall be an officer or employee
of the Department of Commerce, and one of whom shall be the chairman or
a member of the Western Pacific Fishery Management Council and the
Pacific Fishery Management Council. The Commissioners shall be entitled
to adopt such rules of procedures as they find necessary and to select a
chairman from among
[[Page 121 STAT. 3637]]
members who are officers or employees of the United States Government.
(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to time and for
periods of time deemed appropriate Alternate United States Commissioners
to the Commission. Any Alternate United States Commissioner may exercise
at any meeting of the Commission, Council, any Panel, or the advisory
committee established pursuant to subsection (d), all powers and duties
of a United States Commissioner in the absence of any Commissioner
appointed pursuant to subsection (a) of this section for whatever
reason. The number of such Alternate United States Commissioners that
may be designated for any such meeting shall be limited to the number of
United States Commissioners appointed pursuant to subsection (a) of this
section who will not be present at such meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal employees
while performing such service, only for purposes of--
(A) injury compensation under chapter 81 of title 5,
United States Code;
(B) requirements concerning ethics, conflicts of
interest, and corruption as provided under title 18,
United States Code; and
(C) any other criminal or civil statute or
regulation governing the conduct of Federal employees.
(2) Compensation.--The United States Commissioners or
Alternate Commissioners, although officers of the United States
while so serving, shall receive no compensation for their
services as such Commissioners or Alternate Commissioners.
(3) Travel expenses.--
(A) The Secretary of State shall pay the necessary
travel expenses of United States Commissioners and
Alternate United States Commissioners in accordance with
the Federal Travel Regulations and sections 5701, 5702,
5704 through 5708, and 5731 of title 5, United States
Code.
(B) The Secretary may reimburse the Secretary of
State for amounts expended by the Secretary of State
under this subsection.
(d) Advisory Committees.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory
committee which shall be composed of--
(i) not less than 15 nor more than 20
individuals appointed by the Secretary of Commerce
in consultation with the United States
Commissioners, who shall select such individuals
from the various groups concerned with the
fisheries covered by the WCPFC Convention,
providing, to the maximum extent practicable, an
equitable balance among such groups;
(ii) the chair of the Western Pacific Fishery
Management Council's Advisory Committee or the
chair's designee; and
(iii) officials of the fisheries management
authorities of American Samoa, Guam, and the
Northern Mariana Islands (or their designees).
[[Page 121 STAT. 3638]]
(B) Terms and privileges.--Each member of the
advisory committee appointed under subparagraph (A)
shall serve for a term of 2 years and shall be eligible
for reappointment. The advisory committee shall be
invited to attend all non-executive meetings of the
United States Commissioners and at such meetings shall
be given opportunity to examine and to be heard on all
proposed programs of investigation, reports,
recommendations, and regulations of the Commission.
(C) Procedures.--The advisory committee established
by subparagraph (A) shall determine its organization,
and prescribe its practices and procedures for carrying
out its functions under this chapter, the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), and the WCPFC
Convention. <<NOTE: Publication. Public
information.>> The advisory committee shall publish and
make available to the public a statement of its
organization, practices, and procedures. A majority of
the members of the advisory committee shall constitute a
quorum. Meetings of the advisory committee, except when
in executive session, shall be open to the public, and
prior notice of meetings shall be made public in a
timely fashion. and the advisory committee shall not be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
(D) Provision of information.--The Secretary and the
Secretary of State shall furnish the advisory committee
with relevant information concerning fisheries and
international fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide
to advisory committees in a timely manner such
administrative and technical support services as are
necessary for their effective functioning.
(B) Compensation; status; expenses.--Individuals
appointed to serve as a member of an advisory
committee--
(i) shall serve without pay, but while away
from their homes or regular places of business in
the performance of services for the advisory
committee shall be allowed travel expenses,
including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in
the Government service are allowed expenses under
section 5703 of title 5, United States Code; and
(ii) shall be considered Federal employees
while performing service as members of an advisory
committee only for purposes of--
(I) injury compensation under
chapter 81 of title 5, United States
Code;
(II) requirements concerning ethics,
conflicts-of-interest, and corruption,
as provided by title 18, United States
Code; and
(III) any other criminal or civil
statute or regulation governing the
conduct of Federal employees in their
capacity as Federal employees.
(f) Memorandum of Understanding.--For highly migratory species in
the Pacific, the Secretary, in coordination with the Secretary of State,
shall develop a memorandum of understanding
[[Page 121 STAT. 3639]]
with the Western Pacific, Pacific, and North Pacific Fishery Management
Councils, that clarifies the role of the relevant Council or Councils
with respect to--
(1) participation in United States delegations to
international fishery organizations in the Pacific Ocean,
including government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for these species;
(3) coordinating positions with the United States delegation
for presentation to the appropriate international fishery
organization; and
(4) recommending those domestic fishing regulations that are
consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)
SEC. 504. <<NOTE: 16 USC 6903.>> AUTHORITY AND RESPONSIBILITY OF THE
SECRETARY OF STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary approve, disapprove,
object to, or withdraw objections to bylaws and rules, or
amendments thereof, adopted by the WCPFC Commission, and, with
the concurrence of the Secretary to approve or disapprove the
general annual program of the WCPFC Commission with respect to
conservation and management measures and other measures proposed
or adopted in accordance with the WCPFC Convention; and
(3) act upon, or refer to other appropriate authority, any
communication referred to in paragraph (1).
SEC. 505. <<NOTE: 16 USC 6904.>> RULEMAKING AUTHORITY OF THE SECRETARY
OF COMMERCE.
(a) Promulgation of Regulations.--The Secretary, in consultation
with the Secretary of State and, with respect to enforcement measures,
the Secretary of the Department in which the Coast Guard is operating,
is authorized to promulgate such regulations as may be necessary to
carry out the United States international obligations under the WCPFC
Convention and this title, including recommendations and decisions
adopted by the Commission. In cases where the Secretary has discretion
in the implementation of one or more measures adopted by the Commission
that would govern fisheries under the authority of a Regional Fishery
Management Council, the Secretary may, to the extent practicable within
the implementation schedule of the WCPFC Convention and any
recommendations and decisions adopted by the Commission, promulgate such
regulations in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.).
(b) Additions to Fishery Regimes and Regulations.--The Secretary may
promulgate regulations applicable to all vessels and persons subject to
the jurisdiction of the United States, including United States flag
vessels wherever they may be operating, on such date as the Secretary
shall prescribe.
[[Page 121 STAT. 3640]]
SEC. 506. <<NOTE: 16 USC 6905.>> ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title, except to the extent otherwise provided
for in this Act;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in--
(A) the administration and enforcement of this
title; and
(B) the conduct of scientific, research, and other
programs under this title;
(3) conduct fishing operations and biological experiments
for purposes of scientific investigation or other purposes
necessary to implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may
be necessary to implement the WCPFC Convention, subject to
sections 552 and 552a of title 5, United States Code, and
section 402(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b));
(5) if recommended by the United States Commissioners or
proposed by a Council with authority over the relevant fishery,
assess and collect fees, not to exceed three percent of the ex-
vessel value of fish harvested by vessels of the United States
in fisheries managed pursuant to this title, to recover the
actual costs to the United States of management and enforcement
under this title, which shall be deposited as an offsetting
collection in, and credited to, the account providing
appropriations to carry out the functions of the Secretary under
this title; and
(6) issue permits to owners and operators of United States
vessels to fish in the convention area seaward of the United
States Exclusive Economic Zone, under such terms and conditions
as the Secretary may prescribe, and shall remain valid for a
period to be determined by the Secretary.
(b) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this Act, the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act
(16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et
seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 note) (relating
to Pacific albacore tuna), and the Atlantic Tunas Convention Act (16
U.S.C. 971).
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision of
this title is subject to the penalties and entitled to the privileges
and immunities provided in the Magnuson-Stevens Fishery Conservation and
Management Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
provisions of that Act were incorporated into and made a part of this
title.
(d) Confidentiality.--
[[Page 121 STAT. 3641]]
(1) In general.--Any information submitted to the Secretary
in compliance with any requirement under this Act shall be
confidential and shall not be disclosed, except--
(A) to Federal employees who are responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with
requirements in the Convention and decisions of the
Commission, and, insofar as possible, in accordance with
an agreement with the Commission that prevents public
disclosure of the identity or business of any person;
(C) to State or Marine Fisheries Commission
employees pursuant to an agreement with the Secretary
that prevents public disclosure of the identity or
business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to persons for
reasons not otherwise provided for in this subsection,
and such release does not violate other requirements of
this Act.
(2) Use of <<NOTE: Regulations.>> information.--The
Secretary shall, by regulation, prescribe such procedures as may
be necessary to preserve the confidentiality of information
submitted in compliance with any requirement or regulation under
this Act, except that the Secretary may release or make public
any such information in any aggregate or summary form that does
not directly or indirectly disclose the identity or business of
any person. Nothing in this subsection shall be interpreted or
construed to prevent the use for conservation and management
purposes by the Secretary of any information submitted in
compliance with any requirement or regulation under this Act.
SEC. 507. <<NOTE: 16 USC 6906.>> PROHIBITED ACTS.
(a) In General.--It is unlawful for any person--
(1) to violate any provision of this title or any regulation
or permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing after the
revocation, or during the period of suspension, on an applicable
permit issued pursuant to this title;
(3) to refuse to permit any officer authorized to enforce
the provisions of this title to board a fishing vessel subject
to such person's control for the purposes of conducting any
search, investigation, or inspection in connection with the
enforcement of this title or any regulation, permit, or the
Convention;
(4) to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any such authorized officer in the conduct of
any search, investigations, or inspection in connection with the
enforcement of this title or any regulation, permit, or the
Convention;
(5) to resist a lawful arrest for any act prohibited by this
title;
(6) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of, any
fish taken or retained in violation of this title or any
regulation, permit, or agreement referred to in paragraph (1) or
(2);
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that
[[Page 121 STAT. 3642]]
such other person has committed any chapter prohibited by this
section;
(8) to knowingly and willfully submit to the Secretary false
information (including false information regarding the capacity
and extent to which a United States fish processor, on an annual
basis, will process a portion of the optimum yield of a fishery
that will be harvested by fishery vessels of the United States),
regarding any matter that the Secretary is considering in the
course of carrying out this title;
(9) to forcibly assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with any observer on a
vessel under this title, or any data collector employed by the
National Marine Fisheries Service or under contract to any
person to carry out responsibilities under this title;
(10) to engage in fishing in violation of any regulation
adopted pursuant to section 506(a) of this title;
(11) to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control any
fish taken or retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this title to be made, kept, or
furnished;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States;
(14) to import, in violation of any regulation adopted
pursuant to section 506(a) of this title, any fish in any form
of those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any tuna in any form not under regulation but under
investigation by the Commission, during the period such fish
have been denied entry in accordance with the provisions of
section 506(a) of this title.
(b) Entry Certification.--In the case of any fish described in
subsection (a) offered for entry into the United States, the Secretary
of Commerce shall require proof satisfactory to the Secretary that such
fish is not ineligible for such entry under the terms of section 506(a)
of this title.
SEC. 508. <<NOTE: 16 USC 6907.>> COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with agencies of the United
States government, any public or private institutions or organizations
within the United States or abroad, and, through the Secretary of State,
the duly authorized officials of the government of any party to the
WCPFC Convention, in carrying out responsibilities under this title.
(b) Scientific and Other Programs; Facilities and Personnel.--All
Federal agencies are authorized, upon the request of the Secretary, to
cooperate in the conduct of scientific and other programs and to furnish
facilities and personnel for the purpose of assisting the Commission in
carrying out its duties under the WCPFC Convention.
(c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this title, or in the laws or regulations of any State,
prevents the Secretary or the Commission from--
[[Page 121 STAT. 3643]]
(1) conducting or authorizing the conduct of fishing
operations and biological experiments at any time for purposes
of scientific investigation; or
(2) discharging any other duties prescribed by the WCPFC
Convention.
(d) State Jurisdiction Not Affected.--Except as provided in
subsection (e) of this section, nothing in this title shall be construed
to diminish or to increase the jurisdiction of any State in the
territorial sea of the United States.
(e) Application of Regulations--
(1) In general.--Regulations promulgated under section
506(a) of this title shall apply within the boundaries of any
State bordering on the Convention area if the Secretary has
provided notice to such State, the State does not request an
agency hearing, and the Secretary determines that the State--
(A) has not, within a reasonable period of time
after the promulgation of regulations pursuant to this
title, enacted laws or promulgated regulations that
implement the recommendations of the Commission within
the boundaries of such State; or
(B) has enacted laws or promulgated regulations that
implement the recommendations of the commission within
the boundaries of such State that--
(i) are less restrictive that the regulations
promulgated under section 506(a) of this title; or
(ii) are not effectively enforced.
(2) Determination by secretary.--The regulations promulgated
pursuant to section 506(a) of this title shall apply until the
Secretary determines that the State is effectively enforcing
within its boundaries measures that are not less restrictive
than the regulations promulgated under section 506(a) of this
title.
(3) Hearing.--If a State requests a formal agency hearing,
the Secretary shall not apply the regulations promulgated
pursuant section 506(a) of this title within that State's
boundaries unless the hearing record supports a determination
under paragraph (1)(A) or (B).
(f) Review of State Laws and Regulations.--To ensure that the
purposes of subsection (e) are carried out, the Secretary shall
undertake a continuing review of the laws and regulations of all States
to which subsection (e) applies or may apply and the extent to which
such laws and regulations are enforced.
SEC. 509. <<NOTE: 16 USC 6908.>> TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by American Samoa, Guam, and the Northern
Mariana Islands to the same extent provided to the territories of other
nations.
SEC. 510. <<NOTE: 16 USC 6909.>> EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
<<NOTE: Hawaii. Territories.>> Masters of commercial fishing
vessels of nations fishing for species under the management authority of
the Western and Central Pacific Fisheries Convention that do not carry
vessel monitoring systems capable of communicating with United States
enforcement authorities shall, prior to, or as soon as reasonably
possible after, entering and transiting the Exclusive Economic Zone
seaward of Hawaii and of the Commonwealths, territories, and possessions
of the United States in the Pacific Ocean area--
[[Page 121 STAT. 3644]]
(1) <<NOTE: Notification.>> notify the United States Coast
Guard or the National Marine Fisheries Service Office of Law
Enforcement in the appropriate region of the name, flag state,
location, route, and destination of the vessel and of the
circumstances under which it will enter United States waters;
(2) ensure that all fishing gear on board the vessel is
stowed below deck or otherwise removed from the place where it
is normally used for fishing and placed where it is not readily
available for fishing; and
(3) where requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be conducted.
SEC. 511. <<NOTE: 16 USC 6910.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Commerce
such sums as may be necessary to carry out this title and to pay the
United States' contribution to the Commission under section 5 of part
III of the WCPFC Convention.
TITLE <<NOTE: Pacific Whiting Act of 2006.>> VI--PACIFIC WHITING
SEC. 601. <<NOTE: 16 USC 7001 note.>> SHORT TITLE.
This title may be cited as the ``Pacific Whiting Act of 2006''.
SEC. 602. <<NOTE: 16 USC 7001.>> DEFINITIONS.
In this title:
(1) Advisory panel.--The term ``advisory panel'' means the
Advisory Panel on Pacific Hake/Whiting established by the
Agreement.
(2) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States and the Government
of Canada on Pacific Hake/Whiting, signed at Seattle,
Washington, on November 21, 2003.
(3) Catch.--The term ``catch'' means all fishery removals
from the offshore whiting resource, including landings,
discards, and bycatch in other fisheries.
(4) Joint management committee.--The term ``joint management
committee'' means the joint management committee established by
the Agreement.
(5) Joint technical committee.--The term ``joint technical
committee'' means the joint technical committee established by
the Agreement.
(6) Offshore whiting resource.--The term ``offshore whiting
resource'' means the transboundary stock of Merluccius productus
that is located in the offshore waters of the United States and
Canada except in Puget Sound and the Strait of Georgia.
(7) Scientific review group.--The term ``scientific review
group'' means the scientific review group established by the
Agreement.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) United states section.--The term ``United States
Section'' means the United States representatives on the joint
management committee.
[[Page 121 STAT. 3645]]
SEC. 603. <<NOTE: 16 USC 7002.>> UNITED STATES REPRESENTATION ON JOINT
MANAGEMENT COMMITTEE.
(a) Representatives.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint 4 individuals to represent the
United States as the United States Section on the joint
management committee. In making the appointments, the Secretary
shall select representatives from among individuals who are
knowledgeable or experienced concerning the offshore whiting
resource. Of these--
(A) 1 shall be an official of the National Oceanic
and Atmospheric Administration;
(B) 1 shall be a member of the Pacific Fishery
Management Council, appointed with consideration given
to any recommendation provided by that Council;
(C) 1 shall be appointed from a list submitted by
the treaty Indian tribes with treaty fishing rights to
the offshore whiting resource; and
(D) 1 shall be appointed from the commercial sector
of the whiting fishing industry concerned with the
offshore whiting resource.
(2) Term of office.--Each representative appointed under
paragraph (1) shall be appointed for a term not to exceed 4
years, except that, of the initial appointments, 2
representatives shall be appointed for terms of 2 years. Any
individual appointed to fill a vacancy occurring prior to the
expiration of the term of office of that individual's
predecessor shall be appointed for the remainder of that term. A
representative may be appointed for a term of less than 4 years
if such term is necessary to ensure that the term of office of
not more than 2 representatives will expire in any single year.
An individual appointed to serve as a representative is eligible
for reappointment.
(3) Chair.--Unless otherwise agreed by all of the 4
representatives, the chair shall rotate annually among the 4
members, with the order of rotation determined by lot at the
first meeting.
(b) Alternate Representatives.--The Secretary, in consultation with
the Secretary of State, may designate alternate representatives of the
United States to serve on the joint management committee. An alternative
representative may exercise, at any meeting of the committee, all the
powers and duties of a representative in the absence of a duly
designated representative for whatever reason.
SEC. 604. <<NOTE: 16 USC 7003.>> UNITED STATES REPRESENTATION ON THE
SCIENTIFIC REVIEW GROUP.
(a) In General.--The Secretary, in consultation with the Secretary
of State, shall appoint no more than 2 scientific experts to serve on
the scientific review group. An individual shall not be eligible to
serve on the scientific review group while serving on the joint
technical committee.
(b) Term.--An individual appointed under subsection (a) shall be
appointed for a term of not to exceed 4 years, but shall be eligible for
reappointment. An individual appointed to fill a vacancy
[[Page 121 STAT. 3646]]
occurring prior to the expiration of a term of office of that
individual's predecessor shall be appointed to serve for the remainder
of that term.
(c) Joint Appointments.--In addition to individuals appointed under
subsection (a), the Secretary, jointly with the Government of Canada,
may appoint to the scientific review group, from a list of names
provided by the advisory panel--
(1) up to 2 independent members of the scientific review
group; and
(2) 2 public advisors.
SEC. 605. <<NOTE: 16 USC 7004.>> UNITED STATES REPRESENTATION ON JOINT
TECHNICAL COMMITTEE.
(a) Scientific Experts.--
(1) In general.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as scientific experts on the joint
technical committee, at least 1 of whom shall be an official of
the National Oceanic and Atmospheric Administration.
(2) Term of office.--An individual appointed under paragraph
(1) shall be appointed for a term of not to exceed 4 years, but
shall be eligible for reappointment. An individual appointed to
fill a vacancy occurring prior to the expiration of the term of
office of that individual's predecessor shall be appointed for
the remainder of that term.
(b) Independent Member.--In addition to individuals appointed under
subsection (a), the Secretary, jointly with the Government of Canada,
shall appoint 1 independent member to the joint technical committee
selected from a list of names provided by the advisory panel.
SEC. 606. <<NOTE: 16 USC 7005.>> UNITED STATES REPRESENTATION ON
ADVISORY PANEL.
(a) In General.--
(1) Appointment.--The Secretary, in consultation with the
Secretary of State, shall appoint at least 6 but not more than
12 individuals to serve as members of the advisory panel,
selected from among individuals who are--
(A) knowledgeable or experienced in the harvesting,
processing, marketing, management, conservation, or
research of the offshore whiting resource; and
(B) not employees of the United States.
(2) Term of office.--An individual appointed under paragraph
(1) shall be appointed for a term of not to exceed 4 years, but
shall be eligible for reappointment. An individual appointed to
fill a vacancy occurring prior to the expiration of the term of
office of that individual's predecessor shall be appointed for
the remainder of that term.
SEC. 607. <<NOTE: 16 USC 7006.>> RESPONSIBILITIES OF THE SECRETARY.
(a) In General.--The Secretary is responsible for carrying out the
Agreement and this title, including the authority, to be exercised in
consultation with the Secretary of State, to accept or reject, on behalf
of the United States, recommendations made by the joint management
committee.
(b) Regulations; Cooperation With Canadian Officials.--In exercising
responsibilities under this title, the Secretary--
[[Page 121 STAT. 3647]]
(1) may promulgate such regulations as may be necessary to
carry out the purposes and objectives of the Agreement and this
title; and
(2) with the concurrence of the Secretary of State, may
cooperate with officials of the Canadian Government duly
authorized to carry out the Agreement.
SEC. 608. <<NOTE: 16 USC 7007.>> RULEMAKING.
(a) Application With Magnuson-Stevens Act.--The Secretary shall
establish the United States catch level for Pacific whiting according to
the standards and procedures of the Agreement and this title rather than
under the standards and procedures of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), except to the
extent necessary to address the rebuilding needs of other species.
Except for establishing the catch level, all other aspects of Pacific
whiting management shall be--
(1) subject to the Magnuson-Stevens Fishery Conservation and
Management Act; and
(2) consistent with this title.
(b) Joint Management Committee Recommendations.--For any year in
which both parties to the Agreement approve recommendations made by the
joint management committee with respect to the catch level, the
Secretary shall implement the approved
recommendations. <<NOTE: Applicability.>> Any regulation promulgated by
the Secretary to implement any such recommendation shall apply, as
necessary, to all persons and all vessels subject to the jurisdiction of
the United States wherever located.
(c) Years With No Approved Catch Recommendations.--If the parties to
the Agreement do not approve the joint management committee's
recommendation with respect to the catch level for any year, the
Secretary shall establish the total allowable catch for Pacific whiting
for the United States catch. In establishing the total allowable catch
under this subsection, the Secretary shall--
(1) take into account any recommendations from the Pacific
Fishery Management Council, the joint management committee, the
joint technical committee, the scientific review group, and the
advisory panel;
(2) base the total allowable catch on the best scientific
information available;
(3) use the default harvest rate set out in paragraph 1 of
Article III of the Agreement unless the Secretary determines
that the scientific evidence demonstrates that a different rate
is necessary to sustain the offshore whiting resource; and
(4) establish the United State's share of the total
allowable catch based on paragraph 2 of Article III of the
Agreement and make any adjustments necessary under section 5 of
Article II of the Agreement.
SEC. 609. <<NOTE: 16 USC 7008.>> ADMINISTRATIVE MATTERS.
(a) Employment Status.--Individuals appointed under section 603,
604, 605, or 606 of this title who are serving as such Commissioners,
other than officers or employees of the United States Government, shall
be considered to be Federal employees while performing such service,
only for purposes of--
(1) injury compensation under chapter 81 of title 5, United
States Code;
[[Page 121 STAT. 3648]]
(2) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States Code;
and
(3) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(b) Compensation.--
(1) In general.--Except as provided in paragraph (2), an
individual appointed under this title shall receive no
compensation for the individual's service as a representative,
alternate representative, scientific expert, or advisory panel
member under this title.
(2) Scientific review group.--Notwithstanding paragraph (1),
the Secretary may employ and fix the compensation of an
individual appointed under section 604(a) to serve as a
scientific expert on the scientific review group who is not
employed by the United States Government, a State government, or
an Indian tribal government in accordance with section 3109 of
title 5, United States Code.
(c) Travel Expenses.--Except as provided in subsection (d), the
Secretary shall pay the necessary travel expenses of individuals
appointed under this title in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
(d) Joint Appointees.--With respect to the 2 independent members of
the scientific review group and the 2 public advisors to the scientific
review group jointly appointed under section 604(c), and the 1
independent member to the joint technical committee jointly appointed
under section 605(b), the Secretary may pay up to 50 percent of--
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.
SEC. 610. <<NOTE: 16 USC 7009.>> ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title;
(2) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
facilities of other Federal departments and agencies in the
administration and enforcement of this title; and
(3) collect, utilize, and disclose such information as may
be necessary to implement the Agreement and this title, subject
to sections 552 and 552a of title 5, United States Code.
(b) Prohibited Acts.--It is unlawful for any person to violate any
provision of this title or the regulations promulgated under this title.
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision of
this title is subject to the penalties and entitled to the privileges
and immunities provided in the Magnuson-Stevens Fishery Conservation and
Management Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
[[Page 121 STAT. 3649]]
provisions of that Act were incorporated into and made a part of this
title.
(d) Penalties.--This title shall be enforced by the Secretary as if
a violation of this title or of any regulation promulgated by the
Secretary under this title were a violation of section 307 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857).
SEC. 611. <<NOTE: 16 USC 7010.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out the obligations of the United States
under the Agreement and this title.
TITLE VII--MISCELLANEOUS
SEC. 701. STUDY OF THE ACIDIFICATION OF THE OCEANS AND EFFECT ON
FISHERIES.
The Secretary of Commerce shall request the National Research
Council to conduct a study of the acidification of the oceans and how
this process affects the United States.
SEC. 702. PUGET SOUND REGIONAL SHELLFISH <<NOTE: Washington. Native
Americans.>> SETTLEMENT.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the Tribes have established treaty rights to
take shellfish from public and private tidelands in
Washington State, including from some lands owned,
leased, or otherwise subject to harvest by commercial
shellfish growers;
(B) the district court that adjudicated the Tribes'
treaty rights to take shellfish found that the growers
are innocent purchasers who had no notice of the Tribes'
fishing right when they acquired their properties;
(C) numerous unresolved issues remain outstanding
regarding implementation of the Tribes' treaty right to
take shellfish from lands owned, leased, or otherwise
subject to harvest by the growers;
(D) the Tribes, the growers, the State of
Washington, and the United States Department of the
Interior have resolved by a settlement agreement many of
the disputes between and among them regarding
implementation of the Tribes' treaty right to take
shellfish from covered tidelands owned or leased by the
growers;
(E) the settlement agreement does not provide for
resolution of any claims to take shellfish from lands
owned or leased by the growers that potentially may be
brought in the future by other Tribes;
(F) in the absence of congressional actions, the
prospect of other Tribes claims to take shellfish from
lands owned or leased by the growers could be pursued
through the courts, a process which in all likelihood
could consume many years and thereby promote uncertainty
in the State of Washington and the growers and to the
ultimate detriment of both the Tribes and other Tribes
and their members;
(G) in order to avoid this uncertainty, it is the
intent of Congress that other Tribes have the option of
resolving their claims, if any, to a treaty right to
take shellfish
[[Page 121 STAT. 3650]]
from covered tidelands owned or leased by the growers;
and
(H) this Act represents a good faith effort on the
part of Congress to extend to other Tribes the same fair
and just option of resolving their claims to take
shellfish from covered tidelands owned or leased by the
growers that the Tribes have agreed to in the settlement
agreement.
(2) Purposes.--The purposes of this section are--
(A) to approve, ratify, and confirm the settlement
agreement entered into by and among the Tribes,
commercial shellfish growers, the State of Washington,
and the United States;
(B) to provide other Tribes with a fair and just
resolution of any claims to take shellfish from covered
tidelands, as that term is defined in the settlement
agreement, that potentially could be brought in the
future by other Tribes; and
(C) to authorize the Secretary to implement the
terms and conditions of the settlement agreement and
this section.
(b) Approval of Settlement Agreement.--
(1) In general.--The settlement agreement is hereby
approved, ratified, and confirmed, and section 6 of the
settlement agreement, Release of Claims, is specifically adopted
and incorporated into this section as if fully set forth herein.
(2) Authorization for implementation.--The Secretary is
hereby authorized to implement the terms and conditions of the
settlement agreement in accordance with the settlement agreement
and this section.
(c) Fund, Special Holding Account, and Conditions.--
(1) Puget sound regional shellfish settlement trust fund.--
(A) There is hereby established in the Treasury of
the United States an account to be designated as the
``Puget Sound Regional Shellfish Settlement Trust
Fund''. The Secretary shall deposit funds in the amount
of $22,000,000 at such time as appropriated pursuant to
this section into the Fund.
(B) The Fund shall be maintained and invested by the
Secretary of the Interior pursuant to the Act of June
24, 1938 (25 U.S.C. 162a) until such time as all monies
are transferred from the Fund.
(C) The Secretary shall transfer monies held in the
Fund to each Tribe of the Tribes in the amounts and
manner specified by and in accordance with the payment
agreement established pursuant to the settlement
agreement and this section.
(2) Puget sound regional shellfish settlement special
holding account.--
(A) There is hereby established in the Treasury of
the United States a fund to be designated as the ``Puget
Sound Regional Shellfish Settlement Special Holding
Account''. The Secretary shall deposit funds in the
amount of $1,500,000 into the Special Holding Account in
fiscal year 2011 at such time as such funds are
appropriated pursuant to this section.
[[Page 121 STAT. 3651]]
(B) The Special Holding Account shall be maintained
and invested by the Secretary of the Interior pursuant
to the Act of June 24, 1938, (25 U.S.C. 162a) until such
time as all monies are transferred from the Special
Holding Account.
(C) If a court of competent jurisdiction renders a
final decision declaring that any of the other Tribes
has an established treaty right to take or harvest
shellfish in covered tidelands, as that term is defined
in the settlement agreement, and such tribe opts to
accept a share of the Special Holding Account, rather
than litigate this claim against the growers, the
Secretary shall transfer the appropriate share of the
monies held in the Special Holding Account to each such
tribe of the other Tribes in the amounts appropriate to
compensate the other Tribes in the same manner and for
the same purposes as the Tribes who are signatory to the
settlement agreement. Such a transfer to a tribe shall
constitute full and complete satisfaction of that
tribe's claims to shellfish on the covered tidelands.
(D) The Secretary may retain such amounts of the
Special Holding Account as necessary to provide for
additional tribes that may judicially establish their
rights to take shellfish in the covered tidelands within
the term of that Account, provided that the Secretary
pays the remaining balance to the other Tribes prior to
the expiration of the term of the Special Holding
Account.
(E) The Tribes shall have no interest, possessory or
otherwise, in the Special Holding Account.
(F) Twenty years after the deposit of funds into the
Special Holding Account, the Secretary shall close the
Account and transfer the balance of any funds held in
the Special Holding Account at that time to the
Treasury. However, the Secretary may continue to
maintain the Special Holding Account in order to resolve
the claim of an other Tribe that has notified the
Secretary in writing within the 20-year term of that
Tribe's interest in resolving its claim in the manner
provided for in this section.
(G) It is the intent of Congress that the other
Tribes, if any, shall have the option of agreeing to
similar rights and responsibilities as the Tribes that
are signatories to the settlement agreement, if they opt
not to litigate against the growers.
(3) Annual report.--Each tribe of the Tribes, or any of the
other Tribes accepting a settlement of its claims to shellfish
on covered lands pursuant to paragraph (2)(C), shall submit to
the Secretary an annual report that describes all expenditures
made with monies withdrawn from the Fund or Special Holding
Account during the year covered by the report.
(4) Judicial and administrative action.--The Secretary may
take judicial or administrative action to ensure that any monies
withdrawn from the Fund or Special Holding Account are used in
accordance with the purposes described in the settlement
agreement and this section.
(5) <<NOTE: Effective date.>> Clarification of trust
responsibility.--Beginning on the date that monies are
transferred to a tribe of the Tribes or a tribe of the other
Tribes pursuant to this section,
[[Page 121 STAT. 3652]]
any trust responsibility or liability of the United States with
respect to the expenditure or investment of the monies withdrawn
shall cease.
(d) State of Washington Payment.--The Secretary shall not be
accountable for nor incur any liability for the collection, deposit,
management or nonpayment of the State of Washington payment of
$11,000,000 to the Tribes pursuant to the settlement agreement.
(e) Release of Other Tribes Claims.--
(1) <<NOTE: Effective date.>> Right to bring actions.--As of
the date of enactment of this section, all right of any other
Tribes to bring an action to enforce or exercise its treaty
rights to take shellfish from public and private tidelands in
Washington State, including from some lands owned, leased, or
otherwise subject to harvest by any and all growers shall be
determined in accordance with the decisions of the Courts of the
United States in United States v. Washington, Civ. No. 9213
(Western District of Washington).
(2) Certain rights governed by this section.--If a tribe
falling within the other Tribes category opts to resolve its
claims to take shellfish from covered tidelands owned or leased
by the growers pursuant to subsection (c)(2)(C) of this section,
that tribe's rights shall be governed by this section, as well
as by the decisions of the Courts in United States v.
Washington, Civ. No. 9213.
(3) No breach of trust.--Notwithstanding whether the United
States has a duty to initiate such an action, the failure or
declination by the United States to initiate any action to
enforce any other Tribe's or other Tribes' treaty rights to take
shellfish from public and private tidelands in Washington State,
including from covered tidelands owned, leased, or otherwise
subject to harvest by any and all growers shall not constitute a
breach of trust by the United States or be compensable to other
Tribes.
(f) <<NOTE: Deadline.>> Cause of Action.--If any payment by the
United States is not paid in the amount or manner specified by this
section, or is not paid within 6 months after the date specified by the
settlement agreement, such failure shall give rise to a cause of action
by the Tribes either individually or collectively against the United
States for money damages for the amount authorized but not paid to the
Tribes, and the Tribes, either individually or collectively, are
authorized to bring an action against the United States in the United
States Court of Federal Claims for such funds plus interest.
(g) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Puget Sound Shellfish
Settlement Trust Fund Account established by this section.
(2) Growers.--The term ``growers'' means Taylor United,
Inc.; Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric E.
Lindsay; Minterbrook Oyster Company; Charles and Willa Murray;
Skookum Bay Oyster Company; J & G Gunstone Clams, Inc.; and all
persons who qualify as ``growers'' in accordance with and
pursuant to the settlement agreement.
(3) Other tribes.--The term ``other Tribes'' means any
federally recognized Indian nation or tribe other than the
Tribes described in paragraph (6) that, within 20 years after
the deposit of funds in the Special Holding Account, establishes
a legally enforceable treaty right to take shellfish from
covered
[[Page 121 STAT. 3653]]
tidelands described in the settlement agreement, owned, leased
or otherwise subject to harvest by those persons or entities
that qualify as growers.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Settlement agreement.--The term ``settlement agreement''
means the settlement agreement entered into by and between the
Tribes, commercial shellfish growers, the State of Washington
and the United States, to resolve certain disputes between and
among them regarding implementation of the Tribes' treaty right
to take shellfish from certain covered tidelands owned, leased
or otherwise subject to harvest by the growers.
(6) Tribes.--The term ``Tribes'' means the following
federally recognized Tribes that executed the settlement
agreement: Tulalip, Stillaguamish, Sauk Suiattle, Puyallup,
Squaxin Island, Makah, Muckleshoot, Upper Skagit, Nooksack,
Nisqually, Skokomish, Port Gamble S'Klallam, Lower Elwha
Klallam, Jamestown S'Klallam, and Suquamish Tribes, the Lummi
Nation, and the Swinomish Indian Tribal Community.
(7) Special holding account.--The term ``Special Holding
Account'' means the Puget Sound Shellfish Settlement Special
Holding Account established by this section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated $23,500,000 to carry out this section--
(A) $2,000,000 for fiscal year 2007;
(B) $5,000,000 for each of fiscal years 2008 through
2010; and
(C) $6,500,000 for fiscal year 2011.
TITLE <<NOTE: Tsunami Warning and Education Act.>> VIII--TSUNAMI WARNING
AND EDUCATION
SEC. 801. <<NOTE: 33 USC 3201 note.>> SHORT TITLE.
This title may be cited as the ``Tsunami Warning and Education
Act''.
SEC. 802. <<NOTE: 33 USC 3201.>> DEFINITIONS.
In this title:
(1) The term ``Administration'' means the National Oceanic
and Atmospheric Administration.
(2) The term ``Administrator'' means the Administrator of
the National Oceanic and Atmospheric Administration.
SEC. 803. <<NOTE: 33 USC 3202.>> PURPOSES.
The purposes of this title are--
(1) to improve tsunami detection, forecasting, warnings,
notification, outreach, and mitigation to protect life and
property in the United States;
(2) to enhance and modernize the existing Pacific Tsunami
Warning System to increase coverage, reduce false alarms, and
increase the accuracy of forecasts and warnings, and to expand
detection and warning systems to include other vulnerable States
and United States territories, including the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico areas;
[[Page 121 STAT. 3654]]
(3) to improve mapping, modeling, research, and assessment
efforts to improve tsunami detection, forecasting, warnings,
notification, outreach, mitigation, response, and recovery;
(4) to improve and increase education and outreach
activities and ensure that those receiving tsunami warnings and
the at-risk public know what to do when a tsunami is
approaching;
(5) to provide technical and other assistance to speed
international efforts to establish regional tsunami warning
systems in vulnerable areas worldwide, including the Indian
Ocean; and
(6) to improve Federal, State, and international
coordination for detection, warnings, and outreach for tsunami
and other coastal impacts.
SEC. 804. <<NOTE: 33 USC 3203.>> TSUNAMI FORECASTING AND WARNING
PROGRAM.
(a) In General.--The Administrator, through the National Weather
Service and in consultation with other relevant Administration offices,
shall operate a program to provide tsunami detection, forecasting, and
warnings for the Pacific and Arctic Ocean regions and for the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico region.
(b) Components.--The program under this section shall--
(1) include the tsunami warning centers established under
subsection (d);
(2) utilize and maintain an array of robust tsunami
detection technologies;
(3) maintain detection equipment in operational condition to
fulfill the detection, forecasting, and warning requirements of
this title;
(4) provide tsunami forecasting capability based on models
and measurements, including tsunami inundation models and maps
for use in increasing the preparedness of communities, including
through the TsunamiReady program;
(5) maintain data quality and management systems to support
the requirements of the program;
(6) include a cooperative effort among the Administration,
the United States Geological Survey, and the National Science
Foundation under which the Geological Survey and the National
Science Foundation shall provide rapid and reliable seismic
information to the Administration from international and
domestic seismic networks;
(7) provide a capability for the dissemination of warnings
to at-risk States and tsunami communities through rapid and
reliable notification to government officials and the public,
including utilization of and coordination with existing Federal
warning systems, including the National Oceanic and Atmospheric
Administration Weather Radio All Hazards Program;
(8) allow, as practicable, for integration of tsunami
detection technologies with other environmental observing
technologies; and
(9) include any technology the Administrator considers
appropriate to fulfill the objectives of the program under this
section.
[[Page 121 STAT. 3655]]
(c) System Areas.--The program under this section shall operate--
(1) a Pacific tsunami warning system capable of forecasting
tsunami anywhere in the Pacific and Arctic Ocean regions and
providing adequate warnings; and
(2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico
tsunami warning system capable of forecasting tsunami and
providing adequate warnings in areas of the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico that are determined--
(A) to be geologically active, or to have
significant potential for geological activity; and
(B) to pose significant risks of tsunami for States
along the coastal areas of the Atlantic Ocean, Caribbean
Sea, or Gulf of Mexico.
(d) Tsunami Warning Centers.--
(1) <<NOTE: Establishment.>> In general.--The Administrator,
through the National Weather Service, shall maintain or
establish--
(A) a Pacific Tsunami Warning Center in Hawaii;
(B) a West Coast and Alaska Tsunami Warning Center
in Alaska; and
(C) any additional forecast and warning centers
determined by the National Weather Service to be
necessary.
(2) Responsibilities.--The responsibilities of each tsunami
warning center shall include--
(A) continuously monitoring data from seismological,
deep ocean, and tidal monitoring stations;
(B) evaluating earthquakes that have the potential
to generate tsunami;
(C) evaluating deep ocean buoy data and tidal
monitoring stations for indications of tsunami resulting
from earthquakes and other sources;
(D) disseminating forecasts and tsunami warning
bulletins to Federal, State, and local government
officials and the public;
(E) coordinating with the tsunami hazard mitigation
program described in section 805 to ensure ongoing
sharing of information between forecasters and emergency
management officials; and
(F) making data gathered under this title and post-
warning analyses conducted by the National Weather
Service or other relevant Administration offices
available to researchers.
(e) Transfer of Technology; Maintenance and Upgrades.--
(1) In general.--In carrying out this section, the National
Weather Service, in consultation with other relevant
Administration offices, shall--
(A) develop requirements for the equipment used to
forecast tsunami, which shall include provisions for
multipurpose detection platforms, reliability and
performance metrics, and to the maximum extent
practicable how the equipment will be integrated with
other United States and global ocean and coastal
observation systems, the global earth observing system
of systems, global seismic networks, and the Advanced
National Seismic System;
(B) develop and execute a plan for the transfer of
technology from ongoing research described in section
806 into the program under this section; and
[[Page 121 STAT. 3656]]
(C) ensure that maintaining operational tsunami
detection equipment is the highest priority within the
program carried out under this title.
(2) Report to congress.--
(A) Not later than 1 year after the date of
enactment of this Act, the National Weather Service, in
consultation with other relevant Administration offices,
shall transmit to Congress a report on how the tsunami
forecast system under this section will be integrated
with other United States and global ocean and coastal
observation systems, the global earth observing system
of systems, global seismic networks, and the Advanced
National Seismic System.
(B) Not later than 3 years after the date of
enactment of this Act, the National Weather Service, in
consultation with other relevant Administration offices,
shall transmit a report to Congress on how technology
developed under section 806 is being transferred into
the program under this section.
(f) Federal Cooperation.--When deploying and maintaining tsunami
detection technologies, the Administrator shall seek the assistance and
assets of other appropriate Federal agencies.
(g) Annual Equipment Certification.--At the same time Congress
receives the budget justification documents in support of the
President's annual budget request for each fiscal year, the
Administrator shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of the House
of Representatives a certification that--
(1) identifies the tsunami detection equipment deployed
pursuant to this title, as of December 31 of the preceding
calendar year;
(2) certifies which equipment is operational as of December
31 of the preceding calendar year;
(3) in the case of any piece of such equipment that is not
operational as of such date, identifies that equipment and
describes the mitigation strategy that is in place--
(A) to repair or replace that piece of equipment
within a reasonable period of time; or
(B) to otherwise ensure adequate tsunami detection
coverage;
(4) identifies any equipment that is being developed or
constructed to carry out this title but which has not yet been
deployed, if the Administration has entered into a contract for
that equipment prior to December 31 of the preceding calendar
year, and provides a schedule for the deployment of that
equipment; and
(5) certifies that the Administrator expects the equipment
described in paragraph (4) to meet the requirements, cost, and
schedule provided in that contract.
(h) <<NOTE: Deadline.>> Congressional Notifications.--The
Administrator shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of the House
of Representatives within 30 days of--
(1) impaired regional forecasting capabilities due to
equipment or system failures; and
(2) significant contractor failures or delays in completing
work associated with the tsunami forecasting and warning system.
[[Page 121 STAT. 3657]]
(i) Report.--Not later than January 31, 2010, the Comptroller
General of the United States shall transmit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science of the House of Representatives that--
(1) evaluates the current status of the tsunami detection,
forecasting, and warning system and the tsunami hazard
mitigation program established under this title, including
progress toward tsunami inundation mapping of all coastal areas
vulnerable to tsunami and whether there has been any degradation
of services as a result of the expansion of the program;
(2) evaluates the National Weather Service's ability to
achieve continued improvements in the delivery of tsunami
detection, forecasting, and warning services by assessing
policies and plans for the evolution of modernization systems,
models, and computational abilities (including the adoption of
new technologies); and
(3) lists the contributions of funding or other resources to
the program by other Federal agencies, particularly agencies
participating in the program.
(j) External Review.--The Administrator shall enter into an
arrangement with the National Academy of Sciences to review the tsunami
detection, forecast, and warning program established under this title to
assess further modernization and coverage needs, as well as long-term
operational reliability issues, taking into account measures implemented
under this title. The review shall also include an assessment of how
well the forecast equipment has been integrated into other United States
and global ocean and coastal observation systems and the global earth
observing system of systems. <<NOTE: Deadline. Reports.>> Not later than
2 years after the date of enactment of this Act, the Administrator shall
transmit a report containing the National Academy of Sciences'
recommendations, the Administrator's responses to the recommendations,
including those where the Administrator disagrees with the Academy, a
timetable to implement the accepted recommendations, and the cost of
implementing all the Academy's recommendations, to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science of the House of Representatives.
(k) Report.--Not later than 3 months after the date of enactment of
this Act, the Administrator shall establish a process for monitoring and
certifying contractor performance in carrying out the requirements of
any contract to construct or deploy tsunami detection equipment,
including procedures and penalties to be imposed in cases of significant
contractor failure or negligence.
SEC. 805. <<NOTE: 33 USC 3204.>> NATIONAL TSUNAMI HAZARD MITIGATION
PROGRAM.
(a) In General.--The Administrator, through the National Weather
Service and in consultation with other relevant Administration offices,
shall conduct a community-based tsunami hazard mitigation program to
improve tsunami preparedness of at-risk areas in the United States and
its territories.
(b) <<NOTE: Establishment.>> Coordinating Committee.--In conducting
the program under this section, the Administrator shall establish a
coordinating committee comprising representatives of Federal, State,
local, and tribal government officials. The Administrator may establish
subcommittees to address region-specific issues. The committee shall--
[[Page 121 STAT. 3658]]
(1) recommend how funds appropriated for carrying out the
program under this section will be allocated;
(2) ensure that areas described in section 804(c) in the
United States and its territories can have the opportunity to
participate in the program;
(3) provide recommendations to the National Weather Service
on how to improve the TsunamiReady program, particularly on ways
to make communities more tsunami resilient through the use of
inundation maps and other mitigation practices; and
(4) ensure that all components of the program are integrated
with ongoing hazard warning and risk management activities,
emergency response plans, and mitigation programs in affected
areas, including integrating information to assist in tsunami
evacuation route planning.
(c) Program Components.--The program under this section shall--
(1) use inundation models that meet a standard of accuracy
defined by the Administration to improve the quality and extent
of inundation mapping, including assessment of vulnerable inner
coastal and nearshore areas, in a coordinated and standardized
fashion to maximize resources and the utility of data collected;
(2) promote and improve community outreach and education
networks and programs to ensure community readiness, including
the development of comprehensive coastal risk and vulnerability
assessment training and decision support tools, implementation
of technical training and public education programs, and
providing for certification of prepared communities;
(3) integrate tsunami preparedness and mitigation programs
into ongoing hazard warning and risk management activities,
emergency response plans, and mitigation programs in affected
areas, including integrating information to assist in tsunami
evacuation route planning;
(4) promote the adoption of tsunami warning and mitigation
measures by Federal, State, tribal, and local governments and
nongovernmental entities, including educational programs to
discourage development in high-risk areas; and
(5) provide for periodic external review of the program.
(d) Savings Clause.--Nothing in this section shall be construed to
require a change in the chair of any existing tsunami hazard mitigation
program subcommittee.
SEC. 806. <<NOTE: 33 USC 3205.>> TSUNAMI RESEARCH PROGRAM.
The Administrator shall, in consultation with other agencies and
academic institutions, and with the coordinating committee established
under section 805(b), establish or maintain a tsunami research program
to develop detection, forecast, communication, and mitigation science
and technology, including advanced sensing techniques, information and
communication technology, data collection, analysis, and assessment for
tsunami tracking and numerical forecast modeling. Such research program
shall--
(1) consider other appropriate research to mitigate the
impact of tsunami;
(2) coordinate with the National Weather Service on
technology to be transferred to operations;
[[Page 121 STAT. 3659]]
(3) include social science research to develop and assess
community warning, education, and evacuation materials; and
(4) ensure that research and findings are available to the
scientific community.
SEC. 807. <<NOTE: 33 USC 3206.>> GLOBAL TSUNAMI WARNING AND MITIGATION
NETWORK.
(a) International Tsunami Warning System.--The Administrator,
through the National Weather Service and in consultation with other
relevant Administration offices, in coordination with other members of
the United States Interagency Committee of the National Tsunami Hazard
Mitigation Program, shall provide technical assistance and training to
the Intergovernmental Oceanographic Commission, the World Meteorological
Organization, and other international entities, as part of international
efforts to develop a fully functional global tsunami forecast and
warning system comprising regional tsunami warning networks, modeled on
the International Tsunami Warning System of the Pacific.
(b) International Tsunami Information Center.--The Administrator,
through the National Weather Service and in consultation with other
relevant Administration offices, in cooperation with the
Intergovernmental Oceanographic Commission, shall operate an
International Tsunami Information Center to improve tsunami preparedness
for all Pacific Ocean nations participating in the International Tsunami
Warning System of the Pacific, and may also provide such assistance to
other nations participating in a global tsunami warning system
established through the Intergovernmental Oceanographic Commission. As
part of its responsibilities around the world, the Center shall--
(1) monitor international tsunami warning activities around
the world;
(2) assist member states in establishing national warning
systems, and make information available on current technologies
for tsunami warning systems;
(3) maintain a library of materials to promulgate knowledge
about tsunami in general and for use by the scientific
community; and
(4) disseminate information, including educational materials
and research reports.
(c) Detection Equipment; Technical Advice and Training.--In carrying
out this section, the National Weather Service--
(1) shall give priority to assisting nations in identifying
vulnerable coastal areas, creating inundation maps, obtaining or
designing real-time detection and reporting equipment, and
establishing communication and warning networks and contact
points in each vulnerable nation;
(2) may establish a process for transfer of detection and
communication technology to affected nations for the purposes of
establishing the international tsunami warning system; and
(3) shall provide technical and other assistance to support
international tsunami programs.
(d) Data-Sharing Requirement.--The National Weather Service, when
deciding to provide assistance under this section, may take into
consideration the data sharing policies and practices of nations
proposed to receive such assistance, with a goal to encourage all
nations to support full and open exchange of data.
[[Page 121 STAT. 3660]]
SEC. 808. <<NOTE: 33 USC 3207.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator to
carry out this title--
(1) $25,000,000 for fiscal year 2008, of which--
(A) not less than 27 percent of the amount
appropriated shall be for the tsunami hazard mitigation
program under section 805; and
(B) not less than 8 percent of the amount
appropriated shall be for the tsunami research program
under section 806;
(2) $26,000,000 for fiscal year 2009, of which--
(A) not less than 27 percent of the amount
appropriated shall be for the tsunami hazard mitigation
program under section 805; and
(B) not less than 8 percent of the amount
appropriated shall be for the tsunami research program
under section 806;
(3) $27,000,000 for fiscal year 2010, of which--
(A) not less than 27 percent of the amount
appropriated shall be for the tsunami hazard mitigation
program under section 805; and
(B) not less than 8 percent of the amount
appropriated shall be for the tsunami research program
under section 806;
(4) $28,000,000 for fiscal year 2011, of which--
(A) not less than 27 percent of the amount
appropriated shall be for the tsunami hazard mitigation
program under section 805; and
(B) not less than 8 percent of the amount
appropriated shall be for the tsunami research program
under section 806; and
(5) $29,000,000 for fiscal year 2012, of which--
(A) not less than 27 percent of the amount
appropriated shall be for the tsunami hazard mitigation
program under section 805; and
(B) not less than 8 percent of the amount
appropriated shall be for the tsunami research program
under section 806.
TITLE <<NOTE: United States-Russia Polar Bear Conservation and
Management Act of 2006.>> IX--POLAR BEARS
SEC. 901. <<NOTE: 16 USC 1361 note.>> SHORT TITLE.
This title may be cited as the ``United States-Russia Polar Bear
Conservation and Management Act of 2006''.
SEC. 902. AMENDMENT OF MARINE MAMMAL PROTECTION ACT OF 1972.
(a) In General.--The Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.) is amended by adding at the end thereof the following:
``TITLE V--POLAR BEARS
``SEC. 501. <<NOTE: 16 USC 1423.>> DEFINITIONS.
``In this title:
[[Page 121 STAT. 3661]]
``(1) Agreement.--The term `Agreement' means the Agreement
Between the Government of the United States of America and the
Government of the Russian Federation on the Conservation and
Management of the Alaska-Chukotka Polar Bear Population, signed
at Washington, D.C., on October 16, 2000.
``(2) Alaska nanuuq commission.--The term `Alaska Nanuuq
Commission' means the Alaska Native entity, in existence on the
date of enactment of the United States-Russia Polar Bear
Conservation and Management Act of 2006, that represents all
villages in the State of Alaska that engage in the annual
subsistence taking of polar bears from the Alaska-Chukotka
population and any successor entity.
``(3) Import.--The term `import' means to land on, bring
into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, without regard to whether the landing, bringing,
or introduction constitutes an importation within the meaning of
the customs laws of the United States.
``(4) Polar bear part or product.--The term `part or product
of a polar bear' means any polar bear part or product, including
the gall bile and gall bladder.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Taking.--The term `taking' has the meaning given the
term in the Agreement.
``(7) Commission.--The term `Commission' means the
commission established under article 8 of the Agreement.
``SEC. 502. <<NOTE: 16 USC 1423a.>> PROHIBITIONS.
``(a) In General.--It is unlawful for any person who is subject to
the jurisdiction of the United States or any person in waters or on
lands under the jurisdiction of the United States--
``(1) to take any polar bear in violation of the Agreement;
``(2) to take any polar bear in violation of the Agreement
or any annual taking limit or other restriction on the taking of
polar bears that is adopted by the Commission pursuant to the
Agreement;
``(3) to import, export, possess, transport, sell, receive,
acquire, or purchase, exchange, barter, or offer to sell,
purchase, exchange, or barter any polar bear, or any part or
product of a polar bear, that is taken in violation of paragraph
(2);
``(4) to import, export, sell, purchase, exchange, barter,
or offer to sell, purchase, exchange, or barter, any polar bear
gall bile or polar bear gall bladder;
``(5) to attempt to commit, solicit another person to
commit, or cause to be committed, any offense under this
subsection; or
``(6) to violate any regulation promulgated by the Secretary
to implement any of the prohibitions established in this
subsection.
``(b) Exceptions.--For the purpose of forensic testing or any other
law enforcement purpose, the Secretary, and Federal law enforcement
officials, and any State or local law enforcement official authorized by
the Secretary, may import a polar bear or any part or product of a polar
bear.
[[Page 121 STAT. 3662]]
``SEC. 503. <<NOTE: 16 USC 1423b.>> ADMINISTRATION.
``(a) In General.--The Secretary, acting through the Director of the
United States Fish and Wildlife Service, shall do all things necessary
and appropriate, including the promulgation of regulations, to
implement, enforce, and administer the provisions of the Agreement on
behalf of the United States. The Secretary shall consult with the
Secretary of State and the Alaska Nanuuq Commission on matters involving
the implementation of the Agreement.
``(b) Utilization of Other Government Resources and Authorities.--
``(1) Other government resources.--The Secretary may utilize
by agreement, with or without reimbursement, the personnel,
services, and facilities of any other Federal agency, any State
agency, or the Alaska Nanuuq Commission for purposes of carrying
out this title or the Agreement.
``(2) Other powers and authorities.--Any person authorized
by the Secretary under this subsection to enforce this title or
the Agreement shall have the authorities that are enumerated in
section 6(b) of the Lacey Act Amendments of 1981 (16 U.S.C.
3375(b)).
``(c) Ensuring Compliance.--
``(1) Title i authorities.--The Secretary may use
authorities granted under title I for enforcement, imposition of
penalties, and the seizure of cargo for violations under this
title, provided that any polar bear or any part or product of a
polar bear taken, imported, exported, possessed, transported,
sold, received, acquired, purchased, exchanged, or bartered, or
offered for sale, purchase, exchange, or barter in violation of
this title, shall be subject to seizure and forfeiture to the
United States without any showing that may be required for
assessment of a civil penalty or for criminal prosecution under
this Act.
``(2) Additional authorities.--Any gun, trap, net, or other
equipment used, and any vessel, aircraft, or other means of
transportation used, to aid in the violation or attempted
violation of this title shall be subject to seizure and
forfeiture under section 106.
``(d) Regulations.--
``(1) In general.--The Secretary shall promulgate such
regulations as are necessary to carry out this title and the
Agreement.
``(2) Ordinances and regulations.--If necessary to carry out
this title and the Agreement, and to improve compliance with any
annual taking limit or other restriction on taking adopted by
the Commission and implemented by the Secretary in accordance
with this title, the Secretary may promulgate regulations that
adopt any ordinance or regulation that restricts the taking of
polar bears for subsistence purposes if the ordinance or
regulation has been promulgated by the Alaska Nanuuq Commission.
``SEC. 504. <<NOTE: 16 USC 1423c.>> COOPERATIVE MANAGEMENT AGREEMENT;
AUTHORITY TO DELEGATE ENFORCEMENT AUTHORITY.
``(a) In General.--The Secretary, acting through the Director of the
United States Fish and Wildlife Service, may share authority under this
title for the management of the taking of polar bears
[[Page 121 STAT. 3663]]
for subsistence purposes with the Alaska Nanuuq Commission if such
commission is eligible under subsection (b).
``(b) Delegation.--To be eligible for the management authority
described in subsection (a), the Alaska Nanuuq Commission shall--
``(1) enter into a cooperative agreement with the Secretary
under section 119 for the conservation of polar bears;
``(2) meaningfully monitor compliance with this title and
the Agreement by Alaska Natives; and
``(3) administer its co-management program for polar bears
in accordance with--
``(A) this title; and
``(B) the Agreement.
``SEC. 505. <<NOTE: 16 USC 1423d.>> COMMISSION APPOINTMENTS;
COMPENSATION, TRAVEL EXPENSES, AND CLAIMS.
``(a) Appointment of United States Commissioners.--
``(1) <<NOTE: President.>> Appointment.--The United States
commissioners on the Commission shall be appointed by the
President, in accordance with paragraph 2 of article 8 of the
Agreement, after taking into consideration the recommendations
of--
``(A) the Secretary;
``(B) the Secretary of State; and
``(C) the Alaska Nanuuq Commission.
``(2) Qualifications.--With respect to the United States
commissioners appointed under this subsection, in accordance
with paragraph 2 of article 8 of the Agreement--
``(A) 1 United States commissioner shall be an
official of the Federal Government;
``(B) <<NOTE: Native Alaskans.>> 1 United States
commissioner shall be a representative of the Native
people of Alaska, and, in particular, the Native people
for whom polar bears are an integral part of their
culture; and
``(C) both commissioners shall be knowledgeable of,
or have expertise in, polar bears.
``(3) Service and term.--Each United States commissioner
shall serve--
``(A) at the pleasure of the President; and
``(B) for an initial 4-year term and such additional
terms as the President shall determine.
``(4) Vacancies.--
``(A) In general.--Any individual appointed to fill
a vacancy occurring before the expiration of any term of
office of a United States commissioner shall be
appointed for the remainder of that term.
``(B) Manner.--Any vacancy on the Commission shall
be filled in the same manner as the original
appointment.
``(b) Alternate Commissioners.--
``(1) In general.--The Secretary, in consultation with the
Secretary of State and the Alaska Nanuuq Commission, shall
designate an alternate commissioner for each member of the
United States section.
``(2) Duties.--In the absence of a United States
commissioner, an alternate commissioner may exercise all
functions of the United States commissioner at any meetings of
the Commission or of the United States section.
``(3) Reappointment.--An alternate commissioner--
[[Page 121 STAT. 3664]]
``(A) <<NOTE: President.>> shall be eligible for
reappointment by the President; and
``(B) may attend all meetings of the United States
section.
``(c) Duties.--The members of the United States section may carry
out the functions and responsibilities described in article 8 of the
Agreement in accordance with this title and the Agreement.
``(d) Compensation and Expenses.--
``(1) Compensation.--A member of the United States section
shall serve without compensation.
``(2) Travel expenses.--A member of the United States
section shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of the
United States-Russia Polar Bear Commission.
``(e) Agency Designation.--The United States section shall, for the
purpose of title 28, United States Code, relating to claims against the
United States and tort claims procedure, be considered to be a Federal
agency.
``SEC. 506. <<NOTE: 16 USC 1423e.>> VOTES TAKEN BY THE UNITED STATES
SECTION ON MATTERS BEFORE THE COMMISSION.
``In accordance with paragraph 3 of article 8 of the Agreement, the
United States section, made up of commissioners appointed by the
President, shall vote on any issue before the United States-Russia Polar
Bear Commission only if there is no disagreement between the United
States commissioners regarding the vote.
``SEC. 507. <<NOTE: 16 USC 1423f.>> IMPLEMENTATION OF ACTIONS TAKEN BY
THE COMMISSION.
``(a) In General.--The Secretary shall take all necessary actions to
implement the decisions and determinations of the Commission under
paragraph 7 of article 8 of the Agreement.
``(b) <<NOTE: Deadline. Notice. Federal Register,
publication.>> Taking Limitation.--Not later than 60 days after the date
on which the Secretary receives notice of the determination of the
Commission of an annual taking limit, or of the adoption by the
Commission of other restriction on the taking of polar bears for
subsistence purposes, the Secretary shall publish a notice in the
Federal Register announcing the determination or restriction.
``SEC. 508. <<NOTE: 16 USC 1423g.>> APPLICATION WITH OTHER TITLES OF
ACT.
``(a) In General.--The authority of the Secretary under this title
is in addition to, and shall not affect--
``(1) the authority of the Secretary under other titles of
this Act or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.) or the exemption for Alaskan natives under section 101(b)
of this Act as applied to other marine mammal populations; or
``(2) the authorities provided under title II of this Act.
``(b) Certain Provisions Inapplicable.--The provisions of titles I
through IV of this Act do not apply with respect to the implementation
or administration of this title, except as specified in section 503.
[[Page 121 STAT. 3665]]
``SEC. 509. <<NOTE: 16 USC 1423h.>> AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out the functions and responsibilities of the
Secretary under this title and the Agreement $1,000,000 for each of
fiscal years 2006 through 2010.
``(b) Commission.--There are authorized to be appropriated to the
Secretary to carry out functions and responsibilities of the United
States Section $150,000 for each of fiscal years 2006 through 2010.
``(c) Alaskan Cooperative Management Program.--There are authorized
to be appropriated to the Secretary to carry out this title and the
Agreement in Alaska $150,000 for each of fiscal years 2006 through
2010.''.
(b) Clerical Amendment.--The table of contents in the first section
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is
amended by adding at the end the following:
``TITLE V--POLAR BEARS
``Sec. 501. Definitions.
``Sec. 502. Prohibitions.
``Sec. 503. Administration.
``Sec. 504. Cooperative management agreement; authority to delegate
enforcement authority.
``Sec. 505. Commission appointments; compensation, travel expenses, and
claims.
``Sec. 506. Votes taken by the United States Section on matters before
the Commission.
``Sec. 507. Implementation of actions taken by the Commission.
``Sec. 508. Application with other titles of Act.
``Sec. 509. Authorization of appropriations.''.
(c) Treatment of Containers.--Section 107(d)(2) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1377(d)(2)) is amended by striking
``vessel or other conveyance'' each place it appears and inserting
``vessel, other conveyance, or container''.
Approved January 12, 2007.
LEGISLATIVE HISTORY--H.R. 5946 (S. 2012):
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SENATE REPORTS: No. 109-229 accompanying S. 2012 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Dec. 7, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Jan. 12, Presidential statement.
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