[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5946 Enrolled Bill (ENR)]
H.R.5946
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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223f0fbd7fd69a28da59c5f33deb1cc709d4d0bd0f3de0b8fee816e72d3d132e

5305a71592d8233ec3f5758aa8d8274dde872cb8022045d909da72a4d02161d2

TITLE I

-CONSERVATION AND MANAGEMENT

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TITLE II

-INFORMATION AND RESEARCH

baccalaureate degrees in subjects related to fishery science.

b023250e3931289ed3cbd857fa149a7d7d5cd48dfc4382c1f272c52f8d381523

538904d24e2c4a6c88fe0761ec8a41692ea3bca6d8260c5df61fbd703da13a92

TITLE IV

-INTERNATIONAL

reduce bycatch of protected marine species.

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8607c36f8bf6b3503c0e550702b04bf345c10cc20277ff364348e71d26ac2219

9311e23d47fa6e0c20a761722eefe05f73d3977f0113b794e72be933a5d39083

TITLE VII

-MISCELLANEOUS

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.).

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TITLE IX

-POLAR BEARS

(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:
``(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,''.

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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.''.

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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.''.

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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.''.

1274a09843a71a99f2651cab6c2d59dbef8785250493d9d96fe1748b0ce07438

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.''.

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(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--''.

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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''.

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(a) Tribal Alternate on Pacific Council.--Section 302(b)(5) (16
U.S.C. 1852(b)(5)) is amended by adding at the end thereof the
following:
``(D) The tribal representative appointed under subparagraph (A)
may designate as an alternate, during the period of the
representative's term, an individual knowledgeable concerning tribal
rights, tribal law, and the fishery resources of the geographical area
concerned.''.
(b) Scientific and Statistical Committees.--Section 302(g) (16
U.S.C. 1852(g)) is amended--
(1) by striking so much of subsection (g) as precedes paragraph
(2) and inserting the following:
``(g) Committees and Advisory Panels.--
``(1)(A) Each Council shall establish, maintain, and appoint
the members of a scientific and statistical committee to assist it
in the development, collection, evaluation, and peer review of such
statistical, biological, economic, social, and other scientific
information as is relevant to such Council's development and
amendment of any fishery management plan.
``(B) Each scientific and statistical committee shall provide
its Council ongoing scientific advice for fishery management
decisions, including recommendations for acceptable biological
catch, preventing overfishing, maximum sustainable yield, and
achieving rebuilding targets, and reports on stock status and
health, bycatch, habitat status, social and economic impacts of
management measures, and sustainability of fishing practices.
``(C) Members appointed by the Councils to the scientific and
statistical committees shall be Federal employees, State employees,
academicians, or independent experts and shall have strong
scientific or technical credentials and experience.
``(D) Each member of a scientific and statistical committee
shall be treated as an affected individual for purposes of
paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j). The
Secretary shall keep disclosures made pursuant to this subparagraph
on file.
``(E) The Secretary and each Council may establish a peer
review process for that Council for scientific information used to
advise the Council about the conservation and management of the
fishery. The review process, which may include existing committees
or panels, is deemed to satisfy the requirements of the guidelines
issued pursuant to section 515 of the Treasury and General
Government Appropriations Act for Fiscal year 2001 (Public Law 106-
554--Appendix C; 114 Stat. 2763A-153).
``(F) In addition to the provisions of section 302(f)(7), the
Secretary shall, subject to the availability of appropriations, pay
a stipend to members of the scientific and statistical committees
or advisory panels who are not employed by the Federal Government
or a State marine fisheries agency.
``(G) A science and statistical committee shall hold its
meetings in conjunction with the meeting of the Council, to the
extent practicable.''.
(2) by striking ``other'' in paragraph (2); and
(3) by resetting the left margin of paragraphs (2) through (5)
2 ems from the left.
(c) Council Functions.--Section 302(h) (16 U.S.C. 1852(h)) is
amended--
(1) by striking ``authority, and'' in paragraph (5) and
inserting ``authority;'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop annual catch limits for each of its managed
fisheries that may not exceed the fishing level recommendations of
its scientific and statistical committee or the peer review process
established under subsection (g); and''.
(d) Scientific Research Priorities.--Section 302(h) (16 U.S.C.
1852(h)), as amended by subsection (c), is further amended--
(1) by striking ``(g); and'' in paragraph (6) and inserting
``(g);'';
(2) by redesignating paragraph (7), as redesignated by
subsection (c)(2), as paragraph (8);
(2) by inserting after paragraph (6) the following:
``(7) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities for
fisheries, fisheries interactions, habitats, and other areas of
research that are necessary for management purposes, that shall--
``(A) establish priorities for 5-year periods;
``(B) be updated as necessary; and
``(C) be submitted to the Secretary and the regional
science centers of the National Marine Fisheries Service for
their consideration in developing research priorities and
budgets for the region of the Council; and''.
(e) Regular and Emergency Meetings.--Section 302(i)(2)(C) (16
U.S.C. 1852(i)(2)(C)) is amended by striking ``published in local
newspapers in the major fishing ports of the region (and in other major
fishing ports having a direct interest in the affected fishery) and
such notice may be given by such other means as will result in wide
publicity.'' and inserting ``provided by any means that will result in
wide publicity in the major fishing ports of the region (and in other
major fishing ports having a direct interest in the affected fishery),
except that e-mail notification and website postings alone are not
sufficient.''.
(f) Closed Meetings.--Section 302(i)(3)(B) (16 U.S.C.
1852(i)(3)(B)) is amended by striking ``notify local newspapers in the
major fishing ports within its region (and in other major, affected
fishing ports,'' and inserting ``provide notice by any means that will
result in wide publicity in the major fishing ports of the region (and
in other major fishing ports having a direct interest in the affected
fishery), except that e-mail notification and website postings alone
are not sufficient,''.
(g) Training.--Section 302 (16 U.S.C. 1852) is amended by adding at
the end the following:
``(k) Council Training Program.--
``(1) Training course.--Within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary, in
consultation with the Councils and the National Sea Grant College
Program, shall develop a training course for newly appointed
Council members. The course may cover a variety of topics relevant
to matters before the Councils, including--
``(A) fishery science and basic stock assessment methods;
``(B) fishery management techniques, data needs, and
Council procedures;
``(C) social science and fishery economics;
``(D) tribal treaty rights and native customs, access, and
other rights related to Western Pacific indigenous communities;
``(E) legal requirements of this Act, including conflict of
interest and disclosure provisions of this section and related
policies;
``(F) other relevant legal and regulatory requirements,
including the National Environmental Policy Act (42 U.S.C. 4321
et seq.);
``(G) public process for development of fishery management
plans;
``(H) other topics suggested by the Council; and
``(I) recreational and commercial fishing information,
including fish harvesting techniques, gear types, fishing
vessel types, and economics for the fisheries within each
Council's jurisdiction.
``(2) Member training.--The training course shall be available
to both new and existing Council members, staff from the regional
offices and regional science centers of the National Marine
Fisheries Service, and may be made available to committee or
advisory panel members as resources allow.
``(3) Required training.--Council members appointed after the
date of enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 shall complete a training
course that meets the requirements of this section not later than 1
year after the date on which they were appointed. Any Council
member who has completed a training course within 24 months before
the date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006 shall be considered to
have met the training requirement of this paragraph.
``(l) Council Coordination Committee.--The Councils may establish a
Council coordination committee consisting of the chairs, vice chairs,
and executive directors of each of the 8 Councils described in
subsection (a)(1), or other Council members or staff, in order to
discuss issues of relevance to all Councils, including issues related
to the implementation of this Act.''.
(h) Procedural Matters.--Section 302(i) (16 U.S.C. 1852(i)) is
amended--
(1) by striking ``to the Councils or to the scientific and
statistical committees or advisory panels established under
subsection (g).'' in paragraph (1) and inserting ``to the Councils,
the Council coordination committee established under subsection
(l), or to the scientific and statistical committees or other
committees or advisory panels established under subsection (g).'';
(2) by striking ``of a Council, and of the scientific and
statistical committee and advisory panels established under
subsection (g):'' in paragraph (2) and inserting ``of a Council, of
the Council coordination committee established under subsection
(l), and of the scientific and statistical committees or other
committees or advisory panels established under subsection (g):'';
and
(3) by inserting ``the Council Coordination Committee
established under subsection (l),'' in paragraph (3)(A) after
``Council,''; and
(4) by inserting ``other committees,'' in paragraph (3)(A)
after ``committee,''.
(i) Conflicts of Interest.--Section 302(j) (16 U.S.C. 1852(j)) is
amended--
(1) by inserting ``lobbying, advocacy,'' after ``processing,''
in paragraph (2);
(2) by striking ``jurisdiction.'' in paragraph (2) and
inserting ``jurisdiction, or with respect to an individual or
organization with a financial interest in such activity.'';
(3) by striking subparagraph (B) of paragraph (5) and inserting
the following:
``(B) be kept on file by the Council and made available on the
Internet and for public inspection at the Council offices during
reasonable hours; and''; and
(4) by adding at the end the following:
``(9) On January 1, 2008, and annually thereafter, the Secretary
shall submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Resources
on action taken by the Secretary and the Councils to implement the
disclosure of financial interest and recusal requirements of this
subsection, including identification of any conflict of interest
problems with respect to the Councils and scientific and statistical
committees and recommendations for addressing any such problems.''.
(j) Gulf of Mexico Fisheries Management Council.--Section 302(b)(2)
(16 U.S.C. 1852(b)(2)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following:
``(D)(i) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the Gulf of
Mexico Fisheries Management Council under subparagraph (C) shall
include--
``(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
``(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries resources in
the jurisdiction of the Council.
``(ii) Notwithstanding the requirements of subparagraph (C), if the
Secretary determines that the list of names submitted by the Governor
does not meet the requirements of clause (i) the Secretary shall--
``(I) publish a notice in the Federal Register asking the
residents of that State to submit the names and pertinent
biographical data of individuals who would meet the requirement not
met for appointment to the Council; and
``(II) add the name of any qualified individual submitted by
the public who meets the unmet requirement to the list of names
submitted by the Governor.
``(iii) For purposes of clause (i) an individual who owns or
operates a fish farm outside of the United States shall not be
considered to be a representative of the commercial or recreational
fishing sector.
``(iv) The requirements of this subparagraph shall expire at the
end of fiscal year 2012.''.

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(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) establish a mechanism for specifying annual catch limits
in the plan (including a multiyear plan), implementing regulations,
or annual specifications, at a level such that overfishing does not
occur in the fishery, including measures to ensure
accountability.''.
(b) Effective Dates; Application to Certain Species.--The amendment
made by subsection (a)(10)--
(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);
(4) by striking ``ending overfishing and'' in paragraph (4)(A);
and
(5) by striking ``one-year'' in paragraph (5) and inserting
``2-year''.
(d) Effective Date for Subsection (c).--The amendments made by
subsection (c) shall take effect 30 months after the date of enactment
of this Act.

01e3e89fab5a8b148e3b23319fa466507e1a7cedd58b96fa082cfc07647d07fb

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

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929461ccadd25bfb01b4abbf8d52eb5f1b604673447a3ed8baf6ec8881e4bc52

Section 304 (16 U.S.C. 1854) is amended by adding at the end the
following:
``(i) Environmental Review Process.--
``(1) Procedures.--The Secretary shall, in consultation with
the Councils and the Council on Environmental Quality, revise and
update agency procedures for compliance with the National
Environmental Policy Act (42 U.S.C. 4231 et seq.). The procedures
shall--
``(A) conform to the time lines for review and approval of
fishery management plans and plan amendments under this
section; and
``(B) integrate applicable environmental analytical
procedures, including the time frames for public input, with
the procedure for the preparation and dissemination of fishery
management plans, plan amendments, and other actions taken or
approved pursuant to this Act in order to provide for timely,
clear and concise analysis that is useful to decision makers
and the public, reduce extraneous paperwork, and effectively
involve the public.
``(2) Usage.--The updated agency procedures promulgated in
accordance with this section used by the Councils or the Secretary
shall be the sole environmental impact assessment procedure for
fishery management plans, amendments, regulations, or other actions
taken or approved pursuant to this Act.
``(3) Schedule for promulgation of final procedures.--The
Secretary shall--
``(A) propose revised procedures within 6 months after the
date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006;
``(B) provide 90 days for public review and comments; and
``(C) promulgate final procedures no later than 12 months
after the date of enactment of that Act.
``(4) Public participation.--The Secretary is authorized and
directed, in cooperation with the Council on Environmental Quality
and the Councils, to involve the affected public in the development
of revised procedures, including workshops or other appropriate
means of public involvement.''.

23ed79178a5563bacd46c072d04ed0d5fc920a7488512c65498df33d978d584b

(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''.

2f752957048a5200f185b4379a95f854f272ca05eea00642e9c7833b7703b521

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.''.

49fed2ae52ee307c533f5ca2f22df84e45f8a9927d26ac72b83159fb50be4ffe

Section 305 (16 U.S.C. 1855), as amended by section 109 of this
Act, is further amended by adding at the end thereof the following:
``(k) Multispecies Groundfish.--
``(1) In general.--Within 60 days after the date of enactment
of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary of Commerce shall
determine whether fishing in State waters--
``(A) without a New England multispecies groundfish fishery
permit on regulated species within the multispecies complex is
not consistent with the applicable Federal fishery management
plan; or
``(B) without a Federal bottomfish and seamount groundfish
permit in the Hawaiian archipelago on regulated species within
the complex is not consistent with the applicable Federal
fishery management plan or State data are not sufficient to
make such a determination.
``(2) Cure.--If the Secretary makes a determination that such
actions are not consistent with the plan, the Secretary shall, in
consultation with the Council, and after notifying the affected
State, develop and implement measures to cure the inconsistency
pursuant to section 306(b).''.

7edcff5528a6c5f02021c0bf311231d7480ded73fe27099d2b58aa8b055a990f

(a) In General.--Section 311 (16 U.S.C. 1861) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(1)(A)(iv);
(2) by inserting ``and'' after the semicolon in subsection
(b)(1)(A)(v);
(3) by inserting after clause (v) of subsection (b)(1)(A) the
following:
``(vi) access, directly or indirectly, for enforcement
purposes any data or information required to be provided
under this title or regulations under this title, including
data from vessel monitoring systems, satellite-based
maritime distress and safety systems, or any similar
system, subject to the confidentiality provisions of
section 402;'';
(4) by redesignating subsection (h) as subsection (j); and
(5) by inserting after subsection (g) the following:
``(h) Joint Enforcement Agreements.--
``(1) In general.--The Governor of an eligible State may apply
to the Secretary for execution of a joint enforcement agreement
with the Secretary that will authorize the deputization and funding
of State law enforcement officers with marine law enforcement
responsibilities to perform duties of the Secretary relating to law
enforcement provisions under this title or any other marine
resource law enforced by the Secretary. Upon receiving an
application meeting the requirements of this subsection, the
Secretary may enter into a joint enforcement agreement with the
requesting State.
``(2) Eligible state.--A State is eligible to participate in
the cooperative enforcement agreements under this section if it is
in, or bordering on, the Atlantic Ocean (including the Caribbean
Sea), the Pacific Ocean, the Arctic Ocean, the Gulf of Mexico, Long
Island Sound, or 1 or more of the Great Lakes.
``(3) Requirements.--Joint enforcement agreements executed
under paragraph (1)--
``(A) shall be consistent with the purposes and intent of
this section to the extent applicable to the regulated
activities;
``(B) may include specifications for joint management
responsibilities as provided by the first section of Public Law
91-412 (15 U.S.C. 1525); and
``(C) shall provide for confidentiality of data and
information submitted to the State under section 402.
``(4) Allocation of funds.--The Secretary shall include in each
joint enforcement agreement an allocation of funds to assist in
management of the agreement. The allocation shall be fairly
distributed among all eligible States participating in cooperative
enforcement agreements under this subsection, based upon
consideration of Federal marine enforcement needs, the specific
marine conservation enforcement needs of each participating
eligible State, and the capacity of the State to undertake the
marine enforcement mission and assist with enforcement needs. The
agreement may provide for amounts to be withheld by the Secretary
for the cost of any technical or other assistance provided to the
State by the Secretary under the agreement.
``(i) Improved Data Sharing.--
``(1) In general.--Notwithstanding any other provision of this
Act, as soon as practicable but no later than 21 months after the
date of enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary shall
implement data-sharing measures to make any data required to be
provided by this Act from satellite-based maritime distress and
safety systems, vessel monitoring systems, or similar systems--
``(A) directly accessible by State enforcement officers
authorized under subsection (a) of this section; and
``(B) available to a State management agency involved in,
or affected by, management of a fishery if the State has
entered into an agreement with the Secretary under section
402(b)(1)(B) of this Act.
``(2) Agreement required.--The Secretary shall promptly enter
into an agreement with a State under section 402(b)(1)(B) of this
Act if--
``(A) the Attorney General or highest ranking legal officer
of the State provides a written opinion or certification that
State law allows the State to maintain the confidentiality of
information required by Federal law to be kept confidential; or
``(B) the Secretary is provided other reasonable assurance
that the State can and will protect the identity or business of
any person to which such information relates.''.
(b) Report.--Within 15 months after the date of enactment of this
Act, the National Marine Fisheries Service and the United States Coast
Guard shall transmit a joint report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Resources containing--
(1) a cost-to-benefit analysis of the feasibility, value, and
cost of using vessel monitoring systems, satellite-based maritime
distress and safety systems, or similar systems for fishery
management, conservation, enforcement, and safety purposes with the
Federal government bearing the capital costs of any such system;
(2) an examination of the cumulative impact of existing
requirements for commercial vessels;
(3) an examination of whether satellite-based maritime distress
and safety systems, or similar requirements would overlap existing
requirements or render them redundant;
(4) an examination of how data integration from such systems
could be addressed;
(5) an examination of how to maximize the data-sharing
opportunities between relevant State and Federal agencies and
provide specific information on how to develop these opportunities,
including the provision of direct access to satellite-based
maritime distress and safety system or similar system data to State
enforcement officers, while considering the need to maintain or
provide an appropriate level of individual vessel confidentiality
where practicable; and
(6) an assessment of how the satellite-based maritime distress
and safety system or similar systems could be developed, purchased,
and distributed to regulated vessels.

732b23bb046b54d9e5af06989584da0dd543c9c9b94bd52e7ea2cb93220ec82f

(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 use in fishing in
federal or state waters, or fishing on the high seas or in the
waters of a foreign nation; or'';
(7) by striking ``The Secretary shall consult, as appropriate,
with Councils,'' in subsection (b)(4) and inserting ``The harvester
proponents of each program and the Secretary shall consult, as
appropriate and practicable, with Councils,'';
(8) by adding at the end of subsection (b) the following:
``(5) Payment condition.--The Secretary may not make a payment
under paragraph (2) with respect to a vessel that will not be scrapped
unless the Secretary certifies that the vessel will not be used for
fishing in the waters of a foreign nation or fishing on the high seas.
``(6) Report.--
``(A) In general.--Subject to the availability of funds, the
Secretary shall, within 12 months after the date of the enactment
of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 submit to the Congress a report--
``(i) identifying and describing the 20 fisheries in United
States waters with the most severe examples of excess
harvesting capacity in the fisheries, based on value of each
fishery and the amount of excess harvesting capacity as
determined by the Secretary;
``(ii) recommending measures for reducing such excess
harvesting capacity, including the retirement of any latent
fishing permits that could contribute to further excess
harvesting capacity in those fisheries; and
``(iii) potential sources of funding for such measures.
``(B) Basis for recommendations.--The Secretary shall base the
recommendations made with respect to a fishery on--
``(i) the most cost effective means of achieving voluntary
reduction in capacity for the fishery using the potential for
industry financing; and
``(ii) including measures to prevent the capacity that is
being removed from the fishery from moving to other fisheries
in the United States, in the waters of a foreign nation, or on
the high seas.'';
(9) by striking ``Secretary, at the request of the appropriate
Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
(10) by striking ``Secretary, in consultation with the
Council,'' in subsection (d)(1)(A) and inserting ``Secretary'';
(11) by striking ``a two-thirds majority of the participants
voting.'' in subsection (d)(1)(B) and inserting ``at least a
majority of the permit holders in the fishery, or 50 percent of the
permitted allocation of the fishery, who participated in the
fishery.'';
(12) by striking ``establish;'' in subsection (d)(2)(C) and
inserting ``establish, unless the Secretary determines that such
fees should be collected from the seller;''; and
(13) striking subsection (e) and inserting the following:
``(e) Implementation Plan.--
``(1) Framework regulations.--The Secretary shall propose and
adopt framework regulations applicable to the implementation of all
programs under this section.
``(2) Program regulations.--The Secretary shall implement each
program under this section by promulgating regulations that,
together with the framework regulations, establish each program and
control its implementation.
``(3) Harvester proponents' implementation plan.--The Secretary
may not propose implementation regulations for a program to be paid
for by an industry fee system until the harvester proponents of the
program provide to the Secretary a proposed implementation plan
that, among other matters--
``(A) proposes the types and numbers of vessels or permits
that are eligible to participate in the program and the manner
in which the program shall proceed, taking into account--
``(i) the requirements of this section;
``(ii) the requirements of the framework regulations;
``(iii) the characteristics of the fishery and affected
fishing communities;
``(iv) the requirements of the applicable fishery
management plan and any amendment that such plan may
require to support the proposed program;
``(v) the general needs and desires of harvesters in
the fishery;
``(vi) the need to minimize program costs; and
``(vii) other matters, including the manner in which
such proponents propose to fund the program to ensure its
cost effectiveness, as well as any relevant factors
demonstrating the potential for, or necessary to obtain,
the support and general cooperation of a substantial number
of affected harvesters in the fishery (or portion of the
fishery) for which the program is intended; and
``(B) proposes procedures for program participation (such
as submission of owner bids under an auction system or fair
market-value assessment), including any terms and conditions
for participation, that the harvester proponents deem to be
reasonably necessary to meet the program's proposed objectives.
``(4) Participation contracts.--The Secretary shall contract
with each person participating in a program, and each such contract
shall, in addition to including such other matters as the Secretary
deems necessary and appropriate to effectively implement each
program (including penalties for contract non-performance) be
consistent with the framework and implementing regulations and all
other applicable law.
``(5) Reduction auctions.--Each program not involving fair
market assessment shall involve a reduction auction that scores the
reduction price of each bid offer by the data relevant to each
bidder under an appropriate fisheries productivity factor. If the
Secretary accepts bids, the Secretary shall accept responsive bids
in the rank order of their bid scores, starting with the bid whose
reduction price is the lowest percentage of the productivity
factor, and successively accepting each additional responsive bid
in rank order until either there are no more responsive bids or
acceptance of the next bid would cause the total value of bids
accepted to exceed the amount of funds available for the program.
``(6) Bid invitations.--Each program shall proceed by the
Secretary issuing invitations to bid setting out the terms and
conditions for participation consistent with the framework and
implementing regulations. Each bid that the Secretary receives in
response to the invitation to bid shall constitute an irrevocable
offer from the bidder.''.
(b) Technical Amendment.--Sections 116, 203, 204, 205, and 206 of
the Sustainable Fisheries Act are deemed to have added sections 312,
402, 403, 404, and 405, respectively to the Act as of the date of
enactment of the Sustainable Fisheries Act.

f114e9099385d265aff09059f5ee0322e3101ac7052c99ae998ea898434339f8

RECOVERY PROGRAM.
(a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended by
adding at the end the following:
``SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND
RECOVERY PROGRAM.
``(a) In General.--When there is a catastrophic regional fishery
disaster the Secretary may, upon the request of, and in consultation
with, the Governors of affected States, establish a regional economic
transition program to provide immediate disaster relief assistance to
the fishermen, charter fishing operators, United States fish
processors, and owners of related fishery infrastructure affected by
the disaster.
``(b) Program Components.--
``(1) In general.--Subject to the availability of
appropriations, the program shall provide funds or other economic
assistance to affected entities, or to governmental entities for
disbursement to affected entities, for--
``(A) meeting immediate regional shoreside fishery
infrastructure needs, including processing facilities, cold
storage facilities, ice houses, docks, including temporary
docks and storage facilities, and other related shoreside
fishery support facilities and infrastructure while ensuring
that those projects will not result in an increase or
replacement of fishing capacity;
``(B) financial assistance and job training assistance for
fishermen who wish to remain in a fishery in the region that
may be temporarily closed as a result of environmental or other
effects associated with the disaster;
``(C) funding, pursuant to the requirements of section
312(b), to fishermen who are willing to scrap a fishing vessel
and permanently surrender permits for fisheries named on that
vessel; and
``(D) any other activities authorized under section 312 of
this Act or section 308(d) of the Interjurisdictional Fisheries
Act of 1986 (16 U.S.C. 4107(d)).
``(2) Job training.--Any fisherman who decides to scrap a
fishing vessel under the program shall be eligible for job training
assistance.
``(3) State participation obligation.--The participation by a
State in the program shall be conditioned upon a commitment by the
appropriate State entity to ensure that the relevant State fishery
meets the requirements of section 312(b) of this Act to ensure
excess capacity does not re-enter the fishery.
``(4) No matching required.--The Secretary may waive the
matching requirements of section 312 of this Act, section 308 of
the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107), and
any other provision of law under which the Federal share of the
cost of any activity is limited to less than 100 percent if the
Secretary determines that--
``(A) no reasonable means are available through which
applicants can meet the matching requirement; and
``(B) the probable benefit of 100 percent Federal financing
outweighs the public interest in imposition of the matching
requirement.
``(5) Net revenue limit inapplicable.--Section 308(d)(3) of the
Interjurisdictional Fisheries Act (16 U.S.C. 4107(d)(3)) shall not
apply to assistance under this section.
``(c) Regional Impact Evaluation.--Within 2 months after a
catastrophic regional fishery disaster the Secretary shall provide the
Governor of each State participating in the program a comprehensive
economic and socio-economic evaluation of the affected region's
fisheries to assist the Governor in assessing the current and future
economic viability of affected fisheries, including the economic impact
of foreign fish imports and the direct, indirect, or environmental
impact of the disaster on the fishery and coastal communities.
``(d) Catastrophic Regional Fishery Disaster Defined.--In this
section the term `catastrophic regional fishery disaster' means a
natural disaster, including a hurricane or tsunami, or a regulatory
closure (including regulatory closures resulting from judicial action)
to protect human health or the marine environment, that--
``(1) results in economic losses to coastal or fishing
communities;
``(2) affects more than 1 State or a major fishery managed by a
Council or interstate fishery commission; and
``(3) is determined by the Secretary to be a commercial fishery
failure under section 312(a) of this Act or a fishery resource
disaster or section 308(d) of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107(d)).''.
(b) Salmon Plan and Study.--
(1) Recovery plan.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Commerce shall complete a
recovery plan for Klamath River Coho salmon and make it available
to the public.
(2) Annual report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary of
Commerce shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Resources on--
(A) the actions taken under the recovery plan and other law
relating to recovery of Klamath River Coho salmon, and how
those actions are specifically contributing to its recovery;
(B) the progress made on the restoration of salmon spawning
habitat, including water conditions as they relate to salmon
health and recovery, with emphasis on the Klamath River and its
tributaries below Iron Gate Dam;
(C) the status of other Klamath River anadromous fish
populations, particularly Chinook salmon; and
(D) the actions taken by the Secretary to address the
calendar year 2003 National Research Council recommendations
regarding monitoring and research on Klamath River Basin salmon
stocks.
(c) Oregon and California Salmon Fishery.--Federally recognized
Indian tribes and small businesses, including fishermen, fish
processors, and related businesses serving the fishing industry,
adversely affected by Federal closures and fishing restrictions in the
Oregon and California 2006 fall Chinook salmon fishery are eligible to
receive direct assistance under section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and
section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(d)). The Secretary may use no more than 4 percent of any
monetary assistance to pay for administrative costs.

66846b8e19739c33e5c82a9d9ca89627da47dcfe4c28c42adb788f9f12a9f2d9

(a) Loan Assistance.--Subject to availability of appropriations,
the Secretary of Commerce shall provide assistance to eligible holders
of fishery finance program loans and allocate such assistance among
eligible holders based upon their outstanding principal balances as of
December 2, 2005, for any of the following purposes:
(1) To defer principal payments on the debt for 1 year and re-
amortize the debt over the remaining term of the loan.
(2) To allow for an extension of the term of the loan for up to
1 year beyond the remaining term of the loan, or September 30,
2013, whichever is later.
(3) To pay the interest costs for such loans over fiscal years
2007 through 2013, not to exceed amounts authorized under
subsection (d).
(4) To provide opportunities for loan forgiveness, as specified
in subsection (c).
(b) Loan Forgiveness.--Upon application made by an eligible holder
of a fishery finance program loan, made at such time, in such manner,
and containing such information as the Secretary may require, the
Secretary, on a calendar year basis beginning in 2005, may, with
respect to uninsured losses--
(1) offset against the outstanding balance on the loan an
amount equal to the sum of the amounts expended by the holder
during the calendar year to repair or replace covered vessels or
facilities, or to invest in new fisheries infrastructure within or
for use within the declared fisheries disaster area; or
(2) cancel the amount of debt equal to 100 hundred percent of
actual expenditures on eligible repairs, reinvestment, expansion,
or new investment in fisheries infrastructure in the disaster
region, or repairs to, or replacement of, eligible fishing vessels.
(c) Definitions.--In this section:
(1) Declared fisheries disaster area.--The term ``declared
fisheries disaster area'' means fisheries located in the major
disaster area designated by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) as a result of Hurricane Katrina or Hurricane Rita.
(2) Eligible holder.--The term ``eligible holder'' means the
holder of a fishery finance program loan if--
(A) that loan is used to guarantee or finance any fishing
vessel or fish processing facility home-ported or located
within the declared fisheries disaster area; and
(B) the holder makes expenditures to repair or replace such
covered vessels or facilities, or invests in new fisheries
infrastructure within or for use within the declared fisheries
disaster area, to restore such facilities following the
disaster.
(3) Fishery finance program loan.--The term ``fishery finance
program loan'' means a loan made or guaranteed under the fishery
finance program under chapter 537 of title 46, United States Code.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the purposes of this
section not more than $15,000,000 for each eligible holder for the
period beginning with fiscal year 2007 through fiscal year 2013.

1986ef584626b8952a38ca9f15674338af3495282b7d2017ab469829d935c9cb

(a) In General.--The Secretary of Commerce shall establish an
assistance program for the Gulf of Mexico commercial and recreational
fishing industry.
(b) Allocation of Funds.--Under the program, the Secretary shall
allocate funds appropriated to carry out the program among the States
of Alabama, Louisiana, Florida, Mississippi, and Texas in proportion to
the percentage of the fishery (including crawfish) catch landed by each
State before August 29, 2005, except that the amount allocated to
Florida shall be based exclusively on the proportion of such catch
landed by the Florida Gulf Coast fishery.
(c) Use of Funds.--Of the amounts made available to each State
under the program--
(1) 2 percent shall be retained by the State to be used for the
distribution of additional payments to fishermen with a
demonstrated record of compliance with turtle excluder and bycatch
reduction device regulations; and
(2) the remainder of the amounts shall be used for--
(A) personal assistance, with priority given to food,
energy needs, housing assistance, transportation fuel, and
other urgent needs;
(B) assistance for small businesses, including fishermen,
fish processors, and related businesses serving the fishing
industry;
(C) domestic product marketing and seafood promotion;
(D) State seafood testing programs;
(E) the development of limited entry programs for the
fishery;
(F) funding or other incentives to ensure widespread and
proper use of turtle excluder devices and bycatch reduction
devices in the fishery; and
(G) voluntary capacity reduction programs for shrimp
fisheries under limited access programs.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $17,500,000 for each of
fiscal years 2007 through 2012 to carry out this section.

290a80553ebd18bdc204b5cfd6b5ec604a3637dc89c8c883e2c8a134f2ea4f71

(a) In General.--Title III (16 U.S.C. 1851 et seq.), as amended by
section 113 of this Act, is further amended by adding at the end the
following:
``SEC. 316. BYCATCH REDUCTION ENGINEERING PROGRAM.
``(a) Bycatch Reduction Engineering Program.--Not later than 1 year
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the Secretary,
in cooperation with the Councils and other affected interests, and
based upon the best scientific information available, shall establish a
bycatch reduction program, including grants, to develop technological
devices and other conservation engineering changes designed to minimize
bycatch, seabird interactions, bycatch mortality, and post-release
mortality in Federally managed fisheries. The program shall--
``(1) be regionally based;
``(2) be coordinated with projects conducted under the
cooperative research and management program established under this
Act;
``(3) provide information and outreach to fishery participants
that will encourage adoption and use of technologies developed
under the program; and
``(4) provide for routine consultation with the Councils in
order to maximize opportunities to incorporate results of the
program in Council actions and provide incentives for adoption of
methods developed under the program in fishery management plans
developed by the Councils.
``(b) Incentives.--Any fishery management plan prepared by a
Council or by the Secretary may establish a system of incentives to
reduce total bycatch and seabird interactions, amounts, bycatch rates,
and post-release mortality in fisheries under the Council's or
Secretary's jurisdiction, including--
``(1) measures to incorporate bycatch into quotas, including
the establishment of collective or individual bycatch quotas;
``(2) measures to promote the use of gear with verifiable and
monitored low bycatch and seabird interactions, rates; and
``(3) measures that, based on the best scientific information
available, will reduce bycatch and seabird interactions, bycatch
mortality, post-release mortality, or regulatory discards in the
fishery.
``(c) Coordination on Seabird Interactions.--The Secretary, in
coordination with the Secretary of Interior, is authorized to undertake
projects in cooperation with industry to improve information and
technology to reduce seabird bycatch, including--
``(1) outreach to industry on new technologies and methods;
``(2) projects to mitigate for seabird mortality; and
``(3) actions at appropriate international fishery
organizations to reduce seabird interactions in fisheries.
``(d) Report.--The Secretary shall transmit an annual report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Resources that--
``(1) describes funding provided to implement this section;
``(2) describes developments in gear technology achieved under
this section; and
``(3) describes improvements and reduction in bycatch and
seabird interactions associated with implementing this section, as
well as proposals to address remaining bycatch or seabird
interaction problems.''.
(b) CDQ Bycatch Limitations.--
(1) In general.--Section 305(i) (16 U.S.C. 1855(i)) is
amended--
(A) by striking ``directed fishing allocation'' and all
that follows in paragraph (1)(B)(ii)(I), and inserting ``total
allocation (directed and nontarget combined) of 10.7 percent
effective January 1, 2008; and'';
(B) by striking ``directed fishing allocation of 10
percent.'' in paragraph (1)(B)(ii)(II) and inserting ``total
allocation (directed and nontarget combined) of 10.7
percent.'';
(C) by inserting after paragraph (1)(B)(ii) the following:
``The total allocation (directed and nontarget combined)
for a fishery to which subclause (I) or (II) applies may
not be exceeded.''; and
(D) by inserting ``Voluntary transfers by and among
eligible entities shall be allowed, whether before or after
harvesting. Notwithstanding the first sentence of this
subparagraph, seven-tenths of one percent of the total
allowable catch, guideline harvest level, or other annual catch
limit, within the amount allocated to the program by subclause
(I) or subclause (II) of subparagraph (B)(ii), shall be
allocated among the eligible entities by the panel established
in subparagraph (G), or allocated by the Secretary based on the
nontarget needs of eligible entities in the absence of a panel
decision.'' after ``2006.'' in paragraph (1)(C).
(2) Effective date.--The allocation percentage in subclause (I)
of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as
amended by paragraph (1) of this subsection, shall be in effect in
2007 with respect to any sector of a fishery to which such
subclause applies and in which a fishing cooperative is established
in 2007, and such sector's 2007 allocation shall be reduced by a
pro rata amount to accomplish such increased allocation to the
program. For purposes of section 305(i)(1) of that Act and of this
subsection, the term ``fishing cooperative'' means a fishing
cooperative whether or not authorized by a fishery management
council or Federal agency, if a majority of the participants in the
sector are participants in the fishing cooperative.

2a142dee98e6ff3b6641caba1e4e20ae8f99505a6a81c0525d7950af0edd5070

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

c6c73f3540e335b51f6cdbbb797975fdbc0f3427e995a424580bdfc858814ff8

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).''.

1ed75aa84dee1ba6b6c404b309bb57e5bf4d75303e6ec6f658e0d19908630f9d

Title III (16 U.S.C. 1851 et seq.), as amended by section 116 of
this Act, is further amended by adding at the end the following:
``SEC. 317. SHARK FEEDING.
``Except to the extent determined by the Secretary, or under State
law, as presenting no public health hazard or safety risk, or when
conducted as part of a research program funded in whole or in part by
appropriated funds, it is unlawful to introduce, or attempt to
introduce, food or any other substance into the water to attract sharks
for any purpose other than to harvest sharks within the Exclusive
Economic Zone seaward of the State of Hawaii and of the Commonwealths,
territories, and possessions of the United States in the Pacific Ocean
Area.''.

2f69733feb8efbacc2fa75a7be5c357d4e1ec775d68609f5d3da8d23a5b634f2

(a) In General.--The Secretary of Commerce has the discretion under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1851 et seq.) to extend the time for rebuilding the summer flounder
fishery to not later than January 1, 2013, only if--
(1) the Secretary has determined that--
(A) overfishing is not occurring in the fishery and that a
mechanism is in place to ensure overfishing does not occur in
the fishery; and
(B) stock biomass levels are increasing;
(2) the biomass rebuilding target previously applicable to such
stock will be met or exceeded within the new time for rebuilding;
(3) the extension period is based on the status and biology of
the stock and the rate of rebuilding;
(4) monitoring will ensure rebuilding continues;
(5) the extension meets the requirements of section 301(a)(1)
of that Act (16 U.S.C. 1851(a)(1)); and
(6) the best scientific information available shows that the
extension will allow continued rebuilding.
(b) Authority.--Nothing in this section shall be construed to amend
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1851 et seq.) or to limit or otherwise alter the authority of the
Secretary under that Act concerning other species.

2ea0ece407ee3b17150b26e5bc1fc35281afa234d6d95bc7c2cb4f8268041ab6

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
``(B) the fee shall not exceed 3 percent of the annual ex-
vessel value of all salmon harvested in the southeast Alaska
purse seine fishery.
``(d) Disbursal of Loan Proceeds.--If the industry fee system is
approved as provided in section 312(d)(1)(B) of that Act (16 U.S.C.
1861a(d)(1)(B)), the Secretary shall disburse the loan in the form of
reduction payments to participants in such amounts as the Southeast
Revitalization Association certifies to have been accepted under Alaska
law for reduction payments. The Secretary shall thereafter administer
the fee system in accordance with section 312(d)(2) of that Act (16
U.S.C. 1861a(d)(2)), and any person paying or collecting the fee shall
make such payments or collection such fees in accordance with the
requirements of that Act (16 U.S.C. 1801 et seq.)''.

3b1b3baf0d60cc6d2f75933ebc31b05082dd3e71a463560d7b6f23283fc23f3b

(a) In General.--
(1) Amendment of plan.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Commerce shall amend the
fishery management plan for the Bering Sea/Aleutian Islands King
and Tanner Crabs for the Northern Region (as that term is used in
the plan) to authorize--
(A) an eligible entity holding processor quota shares to
elect on an annual basis to work together with other entities
holding processor quota shares and affiliated with such
eligible entity through common ownership to combine any catcher
vessel quota shares for the Northern Region with their
processor quota shares and to exchange them for newly created
catcher/processor owner quota shares for the Northern Region;
and
(B) an eligible entity holding catcher vessel quota shares
to elect on an annual basis to work together with other
entities holding catcher vessel quota shares and affiliated
with such eligible entity through common ownership to combine
any processor quota shares for the Northern Region with their
catcher vessel quota shares and to exchange them for newly
created catcher/processor owner quota shares for the Northern
Region.
(2) Eligibility and limitations.--
(A) The authority provided in paragraph (1)(A) shall--
(i)(I) apply only to an entity which was initially
awarded both catcher/processor owner quota shares, and
processor quota shares under the plan (in combination with
the processor quota shares of its commonly owned
affiliates) of less than 7 percent of the Bering Sea/
Aleutian Island processor quota shares; or
(II) apply only to an entity which was initially
awarded both catcher/processor owner quota shares under the
plan and processor quota shares under section 417(a) of the
Coast Guard and Maritime Transportation Act of 2006 (Public
Law 109-241; 120 Stat. 546);
(ii) be limited to processor quota shares initially
awarded to such entities and their commonly owned
affiliates under the plan or section 417(a) of that Act;
and
(iii) shall not exceed 1 million pounds per entity
during any calendar year.
(B) The authority provided in paragraph (1)(B) shall--
(i) apply only to an entity which was initially awarded
both catcher/processor owner quota shares, and processor
quota shares under the plan (in combination with the
processor quota shares of its commonly owned affiliates) of
more than 7 percent of the Bering Sea/Aleutian Island
processor quota shares;
(ii) be limited to catcher vessel quota shares
initially awarded to such entity and its commonly owned
affiliates; and
(iii) shall not exceed 1 million pounds per entity
during any calendar year.
(3) Exchange rate.--The entities referred to in paragraph (1)
shall receive under the amendment 1 unit of newly created catcher/
processor owner quota shares in exchange for 1 unit of catcher
vessel owner quota shares and 0.9 units of processor quota shares.
(4) Area of validity.--Each unit of newly created catcher/
processor owner quota shares under this subsection shall only be
valid for the Northern Region.
(b) Fees.--
(1) Local fees.--The holder of the newly created catcher/
processor owner quota shares under subsection (a) shall pay a fee
of 5 percent of the ex-vessel value of the crab harvested pursuant
to those shares to any local governmental entities in the Northern
Region if the processor quota shares used to produce those newly
created catcher/processor owner quota shares were originally
derived from the processing activities that occurred in a community
under the jurisdiction of those local governmental entities.
(2) State fee.--The State of Alaska may collect from the holder
of the newly created catcher/processor owner quota shares under
subsection (a) a fee of 1 percent of the ex-vessel value of the
crab harvested pursuant to those shares.
(c) Off-loading Requirement.--Crab harvested pursuant to catcher/
processor owner quota shares created under this subsection shall be
off-loaded in those communities receiving the local governmental
entities fee revenue set forth in subsection (b)(1).
(d) Periodic Council Review.--As part of its periodic review of the
plan, the North Pacific Fishery Management Council may review the
effect, if any, of this subsection upon communities in the Northern
Region. If the Council determines that this section adversely affects
the communities, the Council may recommend to the Secretary of
Commerce, and the Secretary may approve, such changes to the plan as
are necessary to mitigate those adverse effects.
(e) Use Caps.--
(1) In general.--Notwithstanding sections 680.42(b)(ii)(2) and
680.7(a)(ii)(7) of title 50, Code of Federal Regulations, custom
processing arrangements shall not count against any use cap for the
processing of opilio crab in the Northern Region so long as such
crab is processed in the Northern Region by a shore-based crab
processor.
(2) Shore-based crab processor defined.--In this paragraph, the
term ``shore-based crab processor'' means any person or vessel that
receives, purchases, or arranges to purchase unprocessed crab, that
is located on shore or moored within the harbor.

f9d1851c64816405bd5624c2e20cc7f9ab973f7407af5b5b422f0d2027eb10d2

Section 401 (16 U.S.C. 1881) is amended by striking subsection (g)
and inserting the following:
``(g) Recreational Fisheries.--
``(1) Federal program.--The Secretary shall establish and
implement a regionally based registry program for recreational
fishermen in each of the 8 fishery management regions. The program,
which shall not require a fee before January 1, 2011, shall provide
for--
``(A) the registration (including identification and
contact information) of individuals who engage in recreational
fishing--
``(i) in the Exclusive Economic Zone;
``(ii) for anadromous species; or
``(iii) for Continental Shelf fishery resources beyond
the Exclusive Economic Zone; and
``(B) if appropriate, the registration (including the
ownership, operator, and identification of the vessel) of
vessels used in such fishing.
``(2) State programs.--The Secretary shall exempt from
registration under the program recreational fishermen and charter
fishing vessels licensed, permitted, or registered under the laws
of a State if the Secretary determines that information from the
State program is suitable for the Secretary's use or is used to
assist in completing marine recreational fisheries statistical
surveys, or evaluating the effects of proposed conservation and
management measures for marine recreational fisheries.
``(3) Data collection.--
``(A) Improvement of the marine recreational fishery
statistics survey.--Within 24 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006, the Secretary, in
consultation with representatives of the recreational fishing
industry and experts in statistics, technology, and other
appropriate fields, shall establish a program to improve the
quality and accuracy of information generated by the Marine
Recreational Fishery Statistics Survey, with a goal of
achieving acceptable accuracy and utility for each individual
fishery.
``(B) NRC report recommendations.--The program shall take
into consideration and, to the extent feasible, implement the
recommendations of the National Research Council in its report
Review of Recreational Fisheries Survey Methods (2006),
including--
``(i) redesigning the Survey to improve the
effectiveness and appropriateness of sampling and
estimation procedures, its applicability to various kinds
of management decisions, and its usefulness for social and
economic analyses; and
``(ii) providing for ongoing technical evaluation and
modification as needed to meet emerging management needs.
``(C) Methodology.--Unless the Secretary determines that
alternate methods will achieve this goal more efficiently and
effectively, the program shall, to the extent possible,
include--
``(i) an adequate number of intercepts to accurately
estimate recreational catch and effort;
``(ii) use of surveys that target anglers registered or
licensed at the State or Federal level to collect
participation and effort data;
``(iii) collection and analysis of vessel trip report
data from charter fishing vessels;
``(iv) development of a weather corrective factor that
can be applied to recreational catch and effort estimates;
and
``(v) an independent committee composed of recreational
fishermen, academics, persons with expertise in stock
assessments and survey design, and appropriate personnel
from the National Marine Fisheries Service to review the
collection estimates, geographic, and other variables
related to dockside intercepts and to identify deficiencies
in recreational data collection, and possible correction
measures.
``(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.''.

9df923d704d10182169283309885aa820ee79e3cb5b575f51a83e1eb477086ff

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

d8419c7ec342fe343eb685cfc2ede967ec62ea8c3b34115ff35eae31d8a47bfb

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

6c4e09c2b35c481e3f7cef8ba416e7372b94e3592bbe54a0e9aad9cf47f99e83

Title III (16 U.S.C. 1851 et seq.), as amended by section 119 of
this Act, is further amended by adding at the end the following:
``SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
``(a) In General.--The Secretary of Commerce, in consultation with
the Councils, shall establish a cooperative research and management
program to address needs identified under this Act and under any other
marine resource laws enforced by the Secretary. The program shall be
implemented on a regional basis and shall be developed and conducted
through partnerships among Federal, State, and Tribal managers and
scientists (including interstate fishery commissions), fishing industry
participants (including use of commercial charter or recreational
vessels for gathering data), and educational institutions.
``(b) Eligible Projects.--The Secretary shall make funds available
under the program for the support of projects to address critical needs
identified by the Councils in consultation with the Secretary. The
program shall promote and encourage efforts to utilize sources of data
maintained by other Federal agencies, State agencies, or academia for
use in such projects.
``(c) Funding.--In making funds available the Secretary shall award
funding on a competitive basis and based on regional fishery management
needs, select programs that form part of a coherent program of research
focused on solving priority issues identified by the Councils, and
shall give priority to the following projects:
``(1) Projects to collect data to improve, supplement, or
enhance stock assessments, including the use of fishing vessels or
acoustic or other marine technology.
``(2) Projects to assess the amount and type of bycatch or
post-release mortality occurring in a fishery.
``(3) Conservation engineering projects designed to reduce
bycatch, including avoidance of post-release mortality, reduction
of bycatch in high seas fisheries, and transfer of such fishing
technologies to other nations.
``(4) Projects for the identification of habitat areas of
particular concern and for habitat conservation.
``(5) Projects designed to collect and compile economic and
social data.
``(d) Experimental Permitting Process.--Not later than 180 days
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the Secretary,
in consultation with the Councils, shall promulgate regulations that
create an expedited, uniform, and regionally-based process to promote
issuance, where practicable, of experimental fishing permits.
``(e) Guidelines.--The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that participation in a
research project funded under this section does not result in loss of a
participant's catch history or unexpended days-at-sea as part of a
limited entry system.
``(f) Exempted Projects.--The procedures of this section shall not
apply to research funded by quota set-asides in a fishery.''.

c3096a8af1b324bdaa8b92e08290dd53beccc7cbaaeeb4913abd56cba4f7f945

Title III (16 U.S.C. 1851 et seq.), as amended by section 204, is
further amended by adding at the end the following:
``SEC. 319. HERRING STUDY.
``(a) In General.--The Secretary may conduct a cooperative research
program to study the issues of abundance, distribution and the role of
herring as forage fish for other commercially important fish stocks in
the Northwest Atlantic, and the potential for local scale depletion
from herring harvesting and how it relates to other fisheries in the
Northwest Atlantic. In planning, designing, and implementing this
program, the Secretary shall engage multiple fisheries sectors and
stakeholder groups concerned with herring management.
``(b) Report.--The Secretary shall present the final results of
this study to Congress within 3 months following the completion of the
study, and an interim report at the end of fiscal year 2008.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 2007 through fiscal year 2009
to conduct this study.''.

fc88cffddab559dc96b1133b93db770dcf32ff48de421ab9d04628584f6585f4

Title III (16 U.S.C. 1851 et seq.), as amended by section 205, is
further amended by adding at the end the following:
``SEC. 320. RESTORATION STUDY.
``(a) In General.--The Secretary may conduct a study to update
scientific information and protocols needed to improve restoration
techniques for a variety of coast habitat types and synthesize the
results in a format easily understandable by restoration practitioners
and local communities.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for fiscal year 2007 to conduct this study.''.

3ab1c3b05df0ec59eee989c31e776d4febc84817e1c3c4db5ad35d46e287ca4d

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)).''.

9419af6dffc77e102954fd1f9dfd42ac3ec791a8dff4b7e472bf3de55035da35

(a) In General.--The Secretary shall establish and maintain a fund,
to be known as the ``Fisheries Conservation and Management Fund'',
which shall consist of amounts retained and deposited into the Fund
under subsection (c).
(b) Purposes.--Subject to the allocation of funds described in
subsection (d), amounts in the Fund shall be available to the Secretary
of Commerce, without appropriation or fiscal year limitation, to
disburse as described in subsection (e) for--
(1) efforts to improve fishery harvest data collection
including--
(A) expanding the use of electronic catch reporting
programs and technology; and
(B) improvement of monitoring and observer coverage through
the expanded use of electronic monitoring devices and satellite
tracking systems such as VMS on small vessels;
(2) cooperative fishery research and analysis, in collaboration
with fishery participants, academic institutions, community
residents, and other interested parties;
(3) development of methods or new technologies to improve the
quality, health safety, and value of fish landed;
(4) conducting analysis of fish and seafood for health benefits
and risks, including levels of contaminants and, where feasible,
the source of such contaminants;
(5) marketing of sustainable United States fishery products,
including consumer education regarding the health or other benefits
of wild fishery products harvested by vessels of the United States;
(6) improving data collection under the Marine Recreational
Fishery Statistics Survey in accordance with section 401(g)(3) of
the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881(g)(3)); and
(7) providing financial assistance to fishermen to offset the
costs of modifying fishing practices and gear to meet the
requirements of this Act, the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), and other Federal laws
in pari materia.
(c) Deposits to the Fund.--
(1) Quota set-asides.--Any amount generated through quota set-
asides established by a Council under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
designated by the Council for inclusion in the Fishery Conservation
and Management Fund, may be deposited in the Fund.
(2) Other funds.--In addition to amounts received pursuant to
paragraph (1) of this subsection, the Fishery Conservation and
Management Fund may also receive funds from--
(A) appropriations for the purposes of this section; and
(B) States or other public sources or private or non-profit
organizations for purposes of this section.
(d) Regional Allocation.--The Secretary shall, every 2 years,
apportion monies from the Fund among the eight Council regions
according to recommendations of the Councils, based on regional
priorities identified through the Council process, except that no
region shall receive less than 5 percent of the Fund in each allocation
period.
(e) Limitation on the Use of the Fund.--No amount made available
from the Fund may be used to defray the costs of carrying out
requirements of this Act or the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) other than those uses
identified in this section.

048acf937257e3e0a7108385a2b2019ccafb3b406e5daed552eebb764e31d28e

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.''.

25f9f45a2cdddbd819a89ebde0635bfc3bffbe98bb9ab8eb7078fcc27e78b725

Section 406 (16 U.S.C. 1882) is amended by adding at the end the
following:
``(f) Regional Ecosystem Research.--
``(1) Study.--Within 180 days after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary, in consultation with
the Councils, shall undertake and complete a study on the state of
the science for advancing the concepts and integration of ecosystem
considerations in regional fishery management. The study should
build upon the recommendations of the advisory panel and include--
``(A) recommendations for scientific data, information and
technology requirements for understanding ecosystem processes,
and methods for integrating such information from a variety of
federal, state, and regional sources;
``(B) recommendations for processes for incorporating broad
stake holder participation;
``(C) recommendations for processes to account for effects
of environmental variation on fish stocks and fisheries; and
``(D) a description of existing and developing council
efforts to implement ecosystem approaches, including lessons
learned by the councils.
``(2) Agency Technical Advice and Assistance, Regional Pilot
Programs.--The Secretary is authorized to provide necessary
technical advice and assistance, including grants, to the Councils
for the development and design of regional pilot programs that
build upon the recommendations of the advisory panel and, when
completed, the study.''.

aae0fa887ca037e1a62e43d67b6247eb86f833edf6c61ea4e8b75a7a89e760cc

Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end
the following:
``SEC. 408. DEEP SEA CORAL RESEARCH AND TECHNOLOGY PROGRAM.
``(a) In General.--The Secretary, in consultation with appropriate
regional fishery management councils and in coordination with other
federal agencies and educational institutions, shall, subject to the
availability of appropriations, establish a program--
``(1) to identify existing research on, and known locations of,
deep sea corals and submit such information to the appropriate
Councils;
``(2) to locate and map locations of deep sea corals and submit
such information to the Councils;
``(3) to monitor activity in locations where deep sea corals
are known or likely to occur, based on best scientific information
available, including through underwater or remote sensing
technologies and submit such information to the appropriate
Councils;
``(4) to conduct research, including cooperative research with
fishing industry participants, on deep sea corals and related
species, and on survey methods;
``(5) to develop technologies or methods designed to assist
fishing industry participants in reducing interactions between
fishing gear and deep sea corals; and
``(6) to prioritize program activities in areas where deep sea
corals are known to occur, and in areas where scientific modeling
or other methods predict deep sea corals are likely to be present.
``(b) Reporting.--Beginning 1 year after the date of enactment of
the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary, in consultation with the
Councils, shall submit biennial reports to Congress and the public on
steps taken by the Secretary to identify, monitor, and protect deep sea
coral areas, including summaries of the results of mapping, research,
and data collection performed under the program.''.

cafc4a28383665f59ee2d9a39fafbc284eaa6c610d535b54c871ddd085e3c33c

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

cd69699389220a03e5948d7cf1a8df4156e19bea93744780d3e2b4bfd1c0ad4b

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

7a16b050d139d5428771a3c4dbe29ff4433ff394cb52825c67e7f4f8745bf71e

Section 313 (16 U.S.C. 1862) is amended--
(1) by striking ``all fisheries under the Council's
jurisdiction except salmon fisheries'' in subsection (a) and
inserting ``any fishery under the Council's jurisdiction except a
salmon fishery'';
(2) by striking subsection (a)(2) and inserting the following:
``(2) establishes a system, or system, of fees, which may vary
by fishery, management area, or observer coverage level, to pay for
the cost of implementing the plan.'';
(3) by striking ``observers'' in subsection (b)(2)(A) and
inserting ``observers, or electronic monitoring systems,'';
(4) by inserting ``a fixed amount reflecting actual observer
costs as described in subparagraph (A) or'' in subsection (b)(2)(E)
after ``expressed as'';
(5) by inserting ``some or'' in subsection (b)(2)(F) after
``against'';
(6) by inserting ``or an electronic monitoring system'' after
``observer'' in subsection (b)(2)(F);
(7) by striking ``and'' after the semicolon in subsection
(b)(2)(H); and
(8) by redesignating subparagraph (I) of subsection (b)(2) as
subparagraph (J) and inserting after subparagraph (H) the
following:
``(I) provide that fees collected will be credited against any
fee for stationing observers or electronic monitoring systems on
board fishing vessels and United States fish processors and the
actual cost of inputting collected data to which a fishing vessel
or fish processor is subject under section 304(d) of this Act;
and''.

04b8ecf768bf3e197e26cdd3844738380e420f06161cdbb8f7a2da1ce0b995d7

(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.

4e9c9b222f45e4175a69eb2f11ad36720b0e1f2156080945d04aad98baf4cbce

The Mid-Atlantic Fishery Council, in consultation with the New
England Fishery Council, shall submit a report to the Senate Committee
on Commerce, Science, and Transportation within 9 months after the date
of enactment of this Act--
(1) describing the role of council liaisons between the Mid-
Atlantic and New England Councils, including an explanation of
council policies regarding the liaison's role in Council decision-
making since 1996;
(2) describing how management actions are taken regarding the
operational aspects of current joint fishery management plans, and
how such joint plans may undergo changes through amendment or
framework processes;
(3) evaluating the role of the New England Fishery Council and
the Mid-Atlantic Fishery Council liaisons in the development and
approval of management plans for fisheries in which the liaisons or
members of the non-controlling Council have a demonstrated interest
and significant current and historical landings of species managed
by either Council;
(4) evaluating the effectiveness of the various approaches
developed by the Councils to improve representation for affected
members of the non-controlling Council in Council decision-making,
such as use of liaisons, joint management plans, and other
policies, taking into account both the procedural and conservation
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act; and
(5) analyzing characteristics of North Carolina and Florida
that supported their inclusion as voting members of more than one
Council and the extent to which those characteristics support Rhode
Island's inclusion on a second Council (the Mid-Atlantic Council).

0dfb1966062e1f7acb4ab4aefab8b22f8115b9ff607697b87cc0dd0a7bbce9e2

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.

516bcf0da5fe8d00462e3e26046e000899f05d4d5dd52c779316f99fa1aa6ea3

Section 802 of Public Law 108-199 (118 Stat. 110) is amended by
striking ``2 years'' and inserting ``5 years''.

e03a4b5da0a2b38c17a42ab8b8873f654fd5393f4741ec3f313bb2fb4988f845

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

91afb452f23a6e91b6531fbeb96711216f1cb931b461b78c1ae8787a85f7a493

TITLE III

-OTHER FISHERIES STATUTES

(a) Atlantic Striped Bass Conservation Act.--Section 7(a) of the
Atlantic Striped Bass Conservation Act (16 U.S.C. 5156(a)) is amended
to read as follows:
``(a) Authorization.--For each of fiscal years 2007, 2008, 2009,
2010, 2011, there are authorized to be appropriated to carry out this
Act--
``(1) $1,000,000 to the Secretary of Commerce; and
``(2) $250,000 to the Secretary of the Interior.''.
(b) Yukon River Salmon Act of 2000.--Section 208 of the Yukon River
Salmon Act of 2000 (16 U.S.C. 5727) is amended by striking ``$4,000,000
for each of fiscal years 2004 through 2008,'' and inserting
``$4,000,000 for each of fiscal years 2007 through 2011''.
(c) Shark Finning Prohibition Act.--Section 10 of the Shark Finning
Prohibition Act (16 U.S.C. 1822 note) is amended by striking ``fiscal
years 2001 through 2005'' and inserting ``fiscal years 2007 through
2011''.
(d) Pacific Salmon Treaty Act.--
(1) Transfer of section to act.--The text of section 623 of
title VI of H.R. 3421 (113 Stat. 1501A-56), as introduced on
November 17, 1999, enacted into law by section 1000(a)(1) of the
Act of November 29, 1999 (Public Law 106-113), and amended by
Public Law 106-533 (114 Stat. 2762A-108)--
(A) is transferred to the Pacific Salmon Treaty Act (16
U.S.C. 3631 et seq.) and inserted after section 15; and
(B) amended--
(i) by striking ``Sec. 623.''; and
(ii) inserting before ``(a) Northern Fund and Southern
Fund.--'' the following:
``SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION;
ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.''.
(2) Reauthorization.--Section 16(d)(2)(A) of the Pacific Salmon
Treaty Act, as transferred by paragraph (1), is amended--
(1) by inserting ``sustainable salmon fisheries,'' after
``enhancement,'';
(2) by inserting ``2005, 2006, 2007, 2008, and 2009,'' after
``2003,''; and
(3) by inserting ``Idaho,'' after ``Oregon,''.
(e) State Authority for Dungeness Crab Fishery Management.--Section
203 of Public Law 105-384 (16 U.S.C. 1856 note) is amended--
(1) by striking ``September 30, 2006.'' in subsection (i) and
inserting ``September 30, 2016.'';
(2) by striking ``health'' in subsection (j) and inserting
``status''; and
(3) by striking ``California.'' in subsection (j) and inserting
``California, including--
``(1) stock status and trends throughout its range;
``(2) a description of applicable research and scientific
review processes used to determine stock status and trends; and
``(3) measures implemented or planned that are designed to
prevent or end overfishing in the fishery.''.
(f) Pacific Fishery Management Council.--
(1) In General.--The Pacific Fishery Management Council shall
develop a proposal for the appropriate rationalization program for
the Pacific trawl groundfish and whiting fisheries, including the
shore-based sector of the Pacific whiting fishery under its
jurisdiction. The proposal may include only the Pacific whiting
fishery, including the shore-based sector, if the Pacific Council
determines that a rationalization plan for the fishery as a whole
cannot be achieved before the report is required to be submitted
under paragraph (3).
(2) Required analysis.--In developing the proposal to
rationalize the fishery, the Pacific Council shall fully analyze
alternative program designs, including the allocation of limited
access privileges to harvest fish to fishermen and processors
working together in regional fishery associations or some other
cooperative manner to harvest and process the fish, as well as the
effects of these program designs and allocations on competition and
conservation. The analysis shall include an assessment of the
impact of the proposal on conservation and the economics of
communities, fishermen, and processors participating in the trawl
groundfish fisheries, including the shore-based sector of the
Pacific whiting fishery.
(3) Report.--The Pacific Council shall submit the proposal and
related analysis to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Resources no later than 24 months after the date of enactment of
this Act.
(g) Reauthorization of the Interjurisdictional Fisheries Act of
1986.--Section 308 of the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for apportionment to carry
out the purposes of this title $5,000,000 for each of fiscal years 2007
through 2012.''; and
(2) by striking ``$850,000 for each of fiscal years 2003 and
2004, and $900,000 for each of fiscal years 2005 and 2006'' in
subsection (c) and inserting ``$900,000 for each of fiscal years
2007 through 2012''.
(h) Reauthorization and amendment of the Anadromous Fish
Conservation Act.--Section 4 of the Anadromous Fish Conservation Act
(16 U.S.C. 757d) is amended to read as follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the purposes
of this Act not to exceed $4,500,000 for each of fiscal years 2007
through 2012.''.
(i) Reauthorization of the Northwest Atlantic Fisheries Convention
Act OF 1995.--Section 211 of the Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 5610) is amended by striking ``2006''
and inserting ``2012''.

cc483ad0b9b975287b0d7b5e4e0153fb96e6b539ae2070405c20b61d99ee9b2b

Title II (16 U.S.C. 1821 et seq.) is amended by adding at the end
the following:
``SEC. 207. INTERNATIONAL MONITORING AND COMPLIANCE.
``(a) In General.--The Secretary may undertake activities to
promote improved monitoring and compliance for high seas fisheries, or
fisheries governed by international fishery management agreements, and
to implement the requirements of this title.
``(b) Specific Authorities.--In carrying out subsection (a), the
Secretary may--
``(1) share information on harvesting and processing capacity
and illegal, unreported and unregulated fishing on the high seas,
in areas covered by international fishery management agreements,
and by vessels of other nations within the United States exclusive
economic zone, with relevant law enforcement organizations of
foreign nations and relevant international organizations;
``(2) further develop real time information sharing
capabilities, particularly on harvesting and processing capacity
and illegal, unreported and unregulated fishing;
``(3) participate in global and regional efforts to build an
international network for monitoring, control, and surveillance of
high seas fishing and fishing under regional or global agreements;
``(4) support efforts to create an international registry or
database of fishing vessels, including by building on or enhancing
registries developed by international fishery management
organizations;
``(5) enhance enforcement capabilities through the application
of commercial or governmental remote sensing technology to locate
or identify vessels engaged in illegal, unreported, or unregulated
fishing on the high seas, including encroachments into the
exclusive economic zone by fishing vessels of other nations;
``(6) provide technical or other assistance to developing
countries to improve their monitoring, control, and surveillance
capabilities; and
``(7) support coordinated international efforts to ensure that
all large-scale fishing vessels operating on the high seas are
required by their flag State to be fitted with vessel monitoring
systems no later than December 31, 2008, or earlier if so decided
by the relevant flag State or any relevant international fishery
management organization.''.

077420869dc389272e9f33409a26eee41c7cc3f83bb7009abea2cbf240a17809

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.''.

07ee1c7f30cc00efa9d640a37752c0f87e8fa9b7b69363ef2bbffd0e67f632c2

REDUCE BYCATCH OF PROTECTED MARINE SPECIES.
(a) In General.--Title VI of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.), is amended by
adding at the end the following:
``SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
``The Secretary, in consultation with the Secretary of State, shall
provide to Congress, by not later than 2 years after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, and every 2 years thereafter, a report
that includes--
``(1) the state of knowledge on the status of international
living marine resources shared by the United States or subject to
treaties or agreements to which the United States is a party,
including a list of all such fish stocks classified as overfished,
overexploited, depleted, endangered, or threatened with extinction
by any international or other authority charged with management or
conservation of living marine resources;
``(2) a list of nations whose vessels have been identified
under 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
``(5) steps taken by the Secretary at the international level
to adopt international measures comparable to those of the United
States to reduce impacts of fishing and other practices on
protected living marine resources, if no international agreement to
achieve such goal exists, or if the relevant international fishery
or conservation organization has failed to implement effective
measures to end or reduce the adverse impacts of fishing practices
on such species.
``SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
``The Secretary, in consultation with the Secretary of State, and
in cooperation with relevant fishery management councils and any
relevant advisory committees, shall take actions to improve the
effectiveness of international fishery management organizations in
conserving and managing fish stocks under their jurisdiction. These
actions shall include--
``(1) urging international fishery management organizations to
which the United States is a member--
``(A) to incorporate multilateral market-related measures
against member or nonmember governments whose vessels engage in
illegal, unreported, or unregulated fishing;
``(B) to seek adoption of lists that identify fishing
vessels and vessel owners engaged in illegal, unreported, or
unregulated fishing that can be shared among all members and
other international fishery management organizations;
``(C) to seek international adoption of a centralized
vessel monitoring system in order to monitor and document
capacity in fleets of all nations involved in fishing in areas
under an international fishery management organization's
jurisdiction;
``(D) to increase use of observers and technologies needed
to monitor compliance with conservation and management measures
established by the organization, including vessel monitoring
systems and automatic identification systems; and
``(E) to seek adoption of stronger port state controls in
all nations, particularly those nations in whose ports vessels
engaged in illegal, unreported, or unregulated fishing land or
transship fish;
``(2) urging international fishery management organizations to
which the United States is a member, as well as all members of
those organizations, to adopt and expand the use of market-related
measures to combat illegal, unreported, or unregulated fishing,
including--
``(A) import prohibitions, landing restrictions, or other
market-based measures needed to enforce compliance with
international fishery management organization measures, such as
quotas and catch limits;
``(B) import restrictions or other market-based measures to
prevent the trade or importation of fish caught by vessels
identified multilaterally as engaging in illegal, unreported,
or unregulated fishing; and
``(C) catch documentation and certification schemes to
improve tracking and identification of catch of vessels engaged
in illegal, unreported, or unregulated fishing, including
advance transmission of catch documents to ports of entry; and
``(3) urging other nations at bilateral, regional, and
international levels, including the Convention on International
Trade in Endangered Species of Fauna and Flora and the World Trade
Organization to take all steps necessary, consistent with
international law, to adopt measures and policies that will prevent
fish or other living marine resources harvested by vessels engaged
in illegal, unreported, or unregulated fishing from being traded or
imported into their nation or territories.
``SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if fishing vessels of that
nation are engaged, or have been engaged at any point during the
preceding 2 years, in illegal, unreported, or unregulated fishing--
``(1) the relevant international fishery management
organization has failed to implement effective measures to end the
illegal, unreported, or unregulated fishing activity by vessels of
that nation or the nation is not a party to, or does not maintain
cooperating status with, such organization; or
``(2) where no international fishery management organization
exists with a mandate to regulate the fishing activity in question.
``(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President
and that nation of such identification.
``(c) Consultation.--No later than 60 days after submitting a
report to Congress under section 607, the Secretary, acting through the
Secretary of State, shall--
``(1) notify nations listed in the report of the requirements
of this section;
``(2) initiate consultations for the purpose of encouraging
such nations to take the appropriate corrective action with respect
to the offending activities of their fishing vessels identified in
the report; and
``(3) notify any relevant international fishery management
organization of the actions taken by the United States under this
section.
``(d) IUU Certification Procedure.--
``(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter II of
chapter 5 of title 5, United States Code, for determining if a
nation identified under subsection (a) and listed in the report
under section 607 has taken appropriate corrective action with
respect to the offending activities of its fishing vessels
identified in the report under section 607. The certification
procedure shall provide for notice and an opportunity for comment
by any such nation. The Secretary shall determine, on the basis of
the procedure, and certify to the Congress no later than 90 days
after the date on which the Secretary promulgates a final rule
containing the procedure, and biennially thereafter in the report
under section 607--
``(A) whether the government of each nation identified
under subsection (a) has provided documentary evidence that it
has taken corrective action with respect to the offending
activities of its fishing vessels identified in the report; or
``(B) whether the relevant international fishery management
organization has implemented measures that are effective in
ending the illegal, unreported, or unregulated fishing activity
by vessels of that nation.
``(2) Alternative procedure.--The Secretary may establish a
procedure for certification, on a shipment-by-shipment, shipper-by-
shipper, or other basis of fish or fish products from a vessel of a
harvesting nation not certified under paragraph (1) if the
Secretary determines that--
``(A) the vessel has not engaged in illegal, unreported, or
unregulated fishing under an international fishery management
agreement to which the United States is a party; or
``(B) the vessel is not identified by an international
fishery management organization as participating in illegal,
unreported, or unregulated fishing activities.
``(3) Effect of certification.--
``(A) In general.--The provisions of section 101(a) and
section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a),
(b)(3), and (b)(4))--
``(i) shall apply to any nation identified under
subsection (a) that has not been certified by the Secretary
under this subsection, or for which the Secretary has
issued a negative certification under this subsection; but
``(ii) shall not apply to any nation identified under
subsection (a) for which the Secretary has issued a
positive certification under this subsection.
``(B) Exceptions.--Subparagraph (A)(i) does not apply--
``(i) to the extent that such provisions would apply to
sport fishing equipment or to fish or fish products not
managed under the applicable international fishery
agreement; or
``(ii) if there is no applicable international fishery
agreement, to the extent that such provisions would apply
to fish or fish products caught by vessels not engaged in
illegal, unreported, or unregulated fishing.
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--
``(1) In general.--In this Act the term `illegal, unreported,
or unregulated fishing' has the meaning established under paragraph
(2).
``(2) Secretary to define term within legislative guidelines.--
Within 3 months after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006,
the Secretary shall publish a definition of the term `illegal,
unreported, or unregulated fishing' for purposes of this Act.
``(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
``(A) fishing activities that violate conservation and
management measures required under an international fishery
management agreement to which the United States is a party,
including catch limits or quotas, capacity restrictions, and
bycatch reduction requirements;
``(B) overfishing of fish stocks shared by the United
States, for which there are no applicable international
conservation or management measures or in areas with no
applicable international fishery management organization or
agreement, that has adverse impacts on such stocks; and
``(C) fishing activity that has an adverse impact on
seamounts, hydrothermal vents, and cold water corals located
beyond national jurisdiction, for which there are no applicable
conservation or management measures or in areas with no
applicable international fishery management organization or
agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2007 through 2013 such
sums as are necessary to carry out this section.
``SEC. 610. EQUIVALENT CONSERVATION MEASURES.
``(a) Identification.--The Secretary shall identify, and list in
the report under section 607, a nation if--
``(1) fishing vessels of that nation are engaged, or have been
engaged during the preceding calendar year in fishing activities or
practices;
``(A) in waters beyond any national jurisdiction that
result in bycatch of a protected living marine resource; or
``(B) beyond the exclusive economic zone of the United
States that result in bycatch of a protected living marine
resource shared by the United States;
``(2) the relevant international organization for the
conservation and protection of such resources or the relevant
international or regional fishery organization has failed to
implement effective measures to end or reduce such bycatch, or the
nation is not a party to, or does not maintain cooperating status
with, such organization; and
``(3) the nation has not adopted a regulatory program governing
such fishing practices designed to end or reduce such bycatch that
is comparable to that of the United States, taking into account
different conditions.
``(b) Consultation and Negotiation.--The Secretary, acting through
the Secretary of State, shall--
``(1) notify, as soon as possible, other nations whose vessels
engage in fishing activities or practices described in subsection
(a), about the provisions of this section and this Act;
``(2) initiate discussions as soon as possible with all foreign
governments which are engaged in, or which have persons or
companies engaged in, fishing activities or practices described in
subsection (a), for the purpose of entering into bilateral and
multilateral treaties with such countries to protect such species;
``(3) seek agreements calling for international restrictions on
fishing activities or practices described in subsection (a) through
the United Nations, the Food and Agriculture Organization's
Committee on Fisheries, and appropriate international fishery
management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to which
the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.
``(c) Conservation Certification Procedure.--
``(1) Determination.--The Secretary shall establish a procedure
consistent with the provisions of subchapter II of chapter 5 of
title 5, United States Code, for determining whether the government
of a harvesting nation identified under subsection (a) and listed
in the report under section 607--
``(A) has provided documentary evidence of the adoption of
a regulatory program governing the conservation of the
protected living marine resource that is comparable to that of
the United States, taking into account different conditions,
and which, in the case of pelagic longline fishing, includes
mandatory use of circle hooks, careful handling and release
equipment, and training and observer programs; and
``(B) has established a management plan containing
requirements that will assist in gathering species-specific
data to support international stock assessments and
conservation enforcement efforts for protected living marine
resources.
``(2) Procedural requirement.--The procedure established by the
Secretary under paragraph (1) shall include notice and opportunity
for comment by any such nation.
``(3) Certification.--The Secretary shall certify to the
Congress by January 31, 2007, and biennially thereafter whether
each such nation has provided the documentary evidence described in
paragraph (1)(A) and established a management plan described in
paragraph (1)(B).
``(4) Alternative procedure.--The Secretary shall establish a
procedure for certification, on a shipment-by-shipment, shipper-by-
shipper, or other basis of fish or fish products from a vessel of a
harvesting nation not certified under paragraph (3) if the
Secretary determines that such imports were harvested by practices
that do not result in bycatch of a protected marine species, or
were harvested by practices that--
``(A) are comparable to those of the United States, taking
into account different conditions, and which, in the case of
pelagic longline fishing, includes mandatory use of circle
hooks, careful handling and release equipment, and training and
observer programs; and
``(B) include the gathering of species specific data that
can be used to support international and regional stock
assessments and conservation efforts for protected living
marine resources.
``(5) Effect of Certification.--The provisions of section
101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C.
1826a(a), (b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or fish
products not caught by the vessels engaged in illegal, unreported,
or unregulated fishing) shall apply to any nation identified under
subsection (a) that has not been certified by the Secretary under
this subsection, or for which the Secretary has issued a negative
certification under this subsection, but shall not apply to any
nation identified under subsection (a) for which the Secretary has
issued a positive certification under this subsection.
``(d) International Cooperation and Assistance.--To the greatest
extent possible consistent with existing authority and the availability
of funds, the Secretary shall--
``(1) provide appropriate assistance to nations identified by
the Secretary under subsection (a) and international organizations
of which those nations are members to assist those nations in
qualifying for certification under subsection (c);
``(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
``(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under subsection (c); and
``(4) provide assistance to those nations or organizations in
designing and implementing appropriate fish harvesting plans.
``(e) Protected Living Marine Resource Defined.--In this section
the term `protected living marine resource'--
``(1) means non-target fish, sea turtles, or marine mammals
that are protected under United States law or international
agreement, including the Marine Mammal Protection Act, the
Endangered Species Act, the Shark Finning Prohibition Act, and the
Convention on International Trade in Endangered Species of Wild
Flora and Fauna; but
``(2) does not include species, except sharks, managed under
the Magnuson-Stevens Fishery Conservation and Management Act, the
Atlantic Tunas Convention Act, or any international fishery
management agreement.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 2007 through 2013 such
sums as are necessary to carry out this section.''.
(b) Conforming Amendments.--
(1) Denial of port privileges.--Section 101(b) of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is amended
by inserting ``or illegal, unreported, or unregulated fishing''
after ``fishing'' in paragraph (1)(A)(i), paragraph (1)(B),
paragraph (2), and paragraph (4)(A)(i).
(2) Duration of denial.--Section 102 of the High Seas Driftnet
Fisheries Enforcement Act (16 U.S.C. 1826b) is amended by inserting
``or illegal, unreported , or unregulated fishing'' after
``fishing''.

08933fdca952660c77ae8d70748746e126c73f86b9566a4313f326129161661d

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

09a26770051c802b0ad3304e5f1b08f648b6047d3ebd3bfc65748aba254f584a

(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.''.

948efc7484f2d8b9b6b6ca305a9c71f1a61da974081ee9bb1e5238f180456ef5

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

db91c6d5e918c33f1a0427b1ce87d9eac4c404e32fb69196ffa86e0d6f2b8466

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.

7fa3c975da3262f8ac68783d21eeb9f379a3bc2c8b018e26063df61f0a6104ea

(a) In General.--The Secretary, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, shall designate a
Senate-confirmed, senior official within the National Oceanic and
Atmospheric Administration to perform the duties of the Secretary with
respect to international agreements involving fisheries and other
living marine resources, including policy development and
representation as a U.S. Commissioner, under any such international
agreements.
(b) Advice.--The designated official shall, in consultation with
the Deputy Assistant Secretary for International Affairs and the
Administrator of the National Marine Fisheries Service, advise the
Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and
other senior officials of the Department of Commerce and the National
Oceanic and Atmospheric Administration on development of policy on
international fisheries conservation and management matters.
(c) Consultation.--The designated official shall consult with the
Senate Committee on Commerce, Science, and Transportation and the House
Committee on Resources on matters pertaining to any regional or
international negotiation concerning living marine resources, including
shellfish.
(d) Delegation.--The designated official may delegate and authorize
successive re-delegation of such functions, powers, and duties to such
officers and employees of the National Oceanic and Atmospheric
Administration as deemed necessary to discharge the responsibility of
the Office.
(e) Effective Date.--This section shall take effect on January 1,
2009.
CONVENTION

0cf9cdd5a8025401eca9f8440300520626a71c712b680b538e7cd9f01b871b43

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

7570a20699973e5aa1a02279a3c20cea593ad9fe1936b7ef6a9daf3886677e94

TITLE V

-IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES

In this title:
(1) 1982 Convention.--The term ``1982 Convention'' means the
United Nations Convention on the Law of the Sea of 10 December
1982.
(2) Agreement.--The term ``Agreement'' means the Agreement for
the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to
the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks.
(3) Commission.--The term ``Commission'' means the Commission
for the Conservation and Management of Highly Migratory Fish Stocks
in the Western and Central Pacific Ocean established in accordance
with this Convention.
(4) Convention area.--The term ``convention area'' means all
waters of the Pacific Ocean bounded to the south and to the east by
the following line:
From the south coast of Australia due south along the 141th
meridian of east longitude to its intersection with the 55th
parallel of south latitude; thence due east along the 55th parallel
of south latitude to its intersection with the 150th meridian of
east longitude; thence due south along the 150th meridian of east
longitude to its intersection with the 60th parallel of south
latitude; thence due east along the 60th parallel of south latitude
to its intersection with the 130th meridian of west longitude;
thence due north along the 130th meridian of west longitude to its
intersection with the 4th parallel of south latitude; thence due
west along the 4th parallel of south latitude to its intersection
with the 150th meridian of west longitude; thence due north along
the 150th meridian of west longitude.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Numbered 5030 of March 10, 1983.
(6) Fishing.--The term ``fishing'' means--
(A) searching for, catching, taking, or harvesting fish;
(B) attempting to search for, catch, take, or harvest fish;
(C) engaging in any other activity which can reasonably be
expected to result in the locating, catching, taking, or
harvesting of fish for any purpose;
(D) placing, searching for, or recovering fish aggregating
devices or associated electronic equipment such as radio
beacons;
(E) any operations at sea directly in support of, or in
preparation for, any activity described in subparagraphs (A)
through (D), including transshipment; 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.

74d47a1ed30169462353e3c44f35880855cacc89e1e517f63fe32c2e5376fa21

(a) In General.--The United States shall be represented on the
Commission by 5 United States Commissioners. The President shall
appoint individuals to serve on the Commission at the pleasure of the
President. In making the appointments, the President shall select
Commissioners from among individuals who are knowledgeable or
experienced concerning highly migratory fish stocks in the Western and
Central Pacific Ocean, one of whom shall be an officer or employee of
the Department of Commerce, and one of whom shall be the chairman or a
member of the Western Pacific Fishery Management Council and the
Pacific Fishery Management Council. The Commissioners shall be entitled
to adopt such rules of procedures as they find necessary and to select
a chairman from among members who are officers or employees of the
United States Government.
(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to time and
for periods of time deemed appropriate Alternate United States
Commissioners to the Commission. Any Alternate United States
Commissioner may exercise at any meeting of the Commission, Council,
any Panel, or the advisory committee established pursuant to subsection
(d), all powers and duties of a United States Commissioner in the
absence of any Commissioner appointed pursuant to subsection (a) of
this section for whatever reason. The number of such Alternate United
States Commissioners that may be designated for any such meeting shall
be limited to the number of United States Commissioners appointed
pursuant to subsection (a) of this section who will not be present at
such meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal employees
while performing such service, only for purposes of--
(A) injury compensation under chapter 81 of title 5, United
States Code;
(B) requirements concerning ethics, conflicts of interest,
and corruption as provided under title 18, United States Code;
and
(C) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
(2) Compensation.--The United States Commissioners or Alternate
Commissioners, although officers of the United States while so
serving, shall receive no compensation for their services as such
Commissioners or Alternate Commissioners.
(3) Travel expenses.--
(A) The Secretary of State shall pay the necessary travel
expenses of United States Commissioners and Alternate United
States Commissioners in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and
5731 of title 5, United States Code.
(B) The Secretary may reimburse the Secretary of State for
amounts expended by the Secretary of State under this
subsection.
(d) Advisory Committees.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory committee
which shall be composed of--
(i) not less than 15 nor more than 20 individuals
appointed by the Secretary of Commerce in consultation with
the United States Commissioners, who shall select such
individuals from the various groups concerned with the
fisheries covered by the WCPFC Convention, providing, to
the maximum extent practicable, an equitable balance among
such groups;
(ii) the chair of the Western Pacific Fishery
Management Council's Advisory Committee or the chair's
designee; and
(iii) officials of the fisheries management authorities
of American Samoa, Guam, and the Northern Mariana Islands
(or their designees).
(B) Terms and privileges.--Each member of the advisory
committee appointed under subparagraph (A) shall serve for a
term of 2 years and shall be eligible for reappointment. The
advisory committee shall be invited to attend all non-executive
meetings of the United States Commissioners and at such
meetings shall be given opportunity to examine and to be heard
on all proposed programs of investigation, reports,
recommendations, and regulations of the Commission.
(C) Procedures.--The advisory committee established by
subparagraph (A) shall determine its organization, and
prescribe its practices and procedures for carrying out its
functions under this chapter, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), and
the WCPFC Convention. The advisory committee shall publish and
make available to the public a statement of its organization,
practices, and procedures. A majority of the members of the
advisory committee shall constitute a quorum. Meetings of the
advisory committee, except when in executive session, shall be
open to the public, and prior notice of meetings shall be made
public in a timely fashion. and the advisory committee shall
not be subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
(D) Provision of information.--The Secretary and the
Secretary of State shall furnish the advisory committee with
relevant information concerning fisheries and international
fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide to
advisory committees in a timely manner such administrative and
technical support services as are necessary for their effective
functioning.
(B) Compensation; status; expenses.--Individuals appointed
to serve as a member of an advisory committee--
(i) shall serve without pay, but while away from their
homes or regular places of business in the performance of
services for the advisory committee shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703
of title 5, United States Code; and
(ii) shall be considered Federal employees while
performing service as members of an advisory committee only
for purposes of--
(I) injury compensation under chapter 81 of title
5, United States Code;
(II) requirements concerning ethics, conflicts-of-
interest, and corruption, as provided by title 18,
United States Code; and
(III) any other criminal or civil statute or
regulation governing the conduct of Federal employees
in their capacity as Federal employees.
(f) Memorandum of Understanding.--For highly migratory species in
the Pacific, the Secretary, in coordination with the Secretary of
State, shall develop a memorandum of understanding with the Western
Pacific, Pacific, and North Pacific Fishery Management Councils, that
clarifies the role of the relevant Council or Councils with respect
to--
(1) participation in United States delegations to international
fishery organizations in the Pacific Ocean, including government-
to-government consultations;
(2) providing formal recommendations to the Secretary and the
Secretary of State regarding necessary measures for both domestic
and foreign vessels fishing for these species;
(3) coordinating positions with the United States delegation
for presentation to the appropriate international fishery
organization; and
(4) recommending those domestic fishing regulations that are
consistent with the actions of the international fishery
organization, for approval and implementation under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.)

26ab9a88c317257ad18bb3eff17e21fd91a3b9744f55ceeed9ae981ed52cf549

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).

7fe06a2a59ebf4f2ccc019bc965d322dda99364d1834c63e4470d2fad7fcf761

(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.

ce87c9d70a0c11df62ebbbbe718683ac9b98daf083f9e680e8afdfd6a88e2a45

(a) In General.--The Secretary may--
(1) administer and enforce this title and any regulations
issued under this title, except to the extent otherwise provided
for in this Act;
(2) request and utilize on a reimbursed or non-reimbursed basis
the assistance, services, personnel, equipment, and facilities of
other Federal departments and agencies in--
(A) the administration and enforcement of this title; and
(B) the conduct of scientific, research, and other programs
under this title;
(3) conduct fishing operations and biological experiments for
purposes of scientific investigation or other purposes necessary to
implement the WCPFC Convention;
(4) collect, utilize, and disclose such information as may be
necessary to implement the WCPFC Convention, subject to sections
552 and 552a of title 5, United States Code, and section 402(b) of
the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881a(b));
(5) if recommended by the United States Commissioners or
proposed by a Council with authority over the relevant fishery,
assess and collect fees, not to exceed three percent of the ex-
vessel value of fish harvested by vessels of the United States in
fisheries managed pursuant to this title, to recover the actual
costs to the United States of management and enforcement under this
title, which shall be deposited as an offsetting collection in, and
credited to, the account providing appropriations to carry out the
functions of the Secretary under this title; and
(6) issue permits to owners and operators of United States
vessels to fish in the convention area seaward of the United States
Exclusive Economic Zone, under such terms and conditions as the
Secretary may prescribe, and shall remain valid for a period to be
determined by the Secretary.
(b) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this Act, the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act
(16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et
seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 note)
(relating to Pacific albacore tuna), and the Atlantic Tunas Convention
Act (16 U.S.C. 971).
(c) Actions by the Secretary.--The Secretary shall prevent any
person from violating this title in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) were incorporated into
and made a part of this title. Any person that violates any provision
of this title is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act in the same manner, by the same means,
and with the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated into and
made a part of this title.
(d) Confidentiality.--
(1) In general.--Any information submitted to the Secretary in
compliance with any requirement under this Act shall be
confidential and shall not be disclosed, except--
(A) to Federal employees who are responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with requirements in
the Convention and decisions of the Commission, and, insofar as
possible, in accordance with an agreement with the Commission
that prevents public disclosure of the identity or business of
any person;
(C) to State or Marine Fisheries Commission employees
pursuant to an agreement with the Secretary that prevents
public disclosure of the identity or business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written authorization
from the person submitting such information to release such
information to persons for reasons not otherwise provided for
in this subsection, and such release does not violate other
requirements of this Act.
(2) Use of information.--The Secretary shall, by regulation,
prescribe such procedures as may be necessary to preserve the
confidentiality of information submitted in compliance with any
requirement or regulation under this Act, except that the Secretary
may release or make public any such information in any aggregate or
summary form that does not directly or indirectly disclose the
identity or business of any person. Nothing in this subsection
shall be interpreted or construed to prevent the use for
conservation and management purposes by the Secretary of any
information submitted in compliance with any requirement or
regulation under this Act.

fb29d19f634bf587c88baf2401e0b2f75ada821026738196c8c053ba0e643fc3

(a) In General.--It is unlawful for any person--
(1) to violate any provision of this title or any regulation or
permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing after the
revocation, or during the period of suspension, on an applicable
permit issued pursuant to this title;
(3) to refuse to permit any officer authorized to enforce the
provisions of this title to board a fishing vessel subject to such
person's control for the purposes of conducting any search,
investigation, or inspection in connection with the enforcement of
this title or any regulation, permit, or the Convention;
(4) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of any
search, investigations, or inspection in connection with the
enforcement of this title or any regulation, permit, or the
Convention;
(5) to resist a lawful arrest for any act prohibited by this
title;
(6) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish taken
or retained in violation of this title or any regulation, permit,
or agreement referred to in paragraph (1) or (2);
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such other
person has committed any chapter prohibited by this section;
(8) to knowingly and willfully submit to the Secretary false
information (including false information regarding the capacity and
extent to which a United States fish processor, on an annual basis,
will process a portion of the optimum yield of a fishery that will
be harvested by fishery vessels of the United States), regarding
any matter that the Secretary is considering in the course of
carrying out this title;
(9) to forcibly assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with any observer on a vessel
under this title, or any data collector employed by the National
Marine Fisheries Service or under contract to any person to carry
out responsibilities under this title;
(10) to engage in fishing in violation of any regulation
adopted pursuant to section 506(a) of this title;
(11) to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control any fish
taken or retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this title to be made, kept, or
furnished;
(13) to fail to stop a vessel upon being hailed and instructed
to stop by a duly authorized official of the United States;
(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.

2ff4da0392b04a0701432740f3a02f2cfcede3705d2583c84ace397f952a657d

(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--
(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.

9c6fa8e957e4f2afcd55317aa268328cee382b58e3c7fb3eeffbf01b9f2e1a68

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.

19e0132b01ed1b43418227856a5b8160a479bbd97ad37a1b12ba4e74c64e64fa

Masters of commercial fishing vessels of nations fishing for
species under the management authority of the Western and Central
Pacific Fisheries Convention that do not carry vessel monitoring
systems capable of communicating with United States enforcement
authorities shall, prior to, or as soon as reasonably possible after,
entering and transiting the Exclusive Economic Zone seaward of Hawaii
and of the Commonwealths, territories, and possessions of the United
States in the Pacific Ocean area--
(1) notify the United States Coast Guard or the National Marine
Fisheries Service Office of Law Enforcement in the appropriate
region of the name, flag state, location, route, and destination of
the vessel and of the circumstances under which it will enter
United States waters;
(2) ensure that all fishing gear on board the vessel is stowed
below deck or otherwise removed from the place where it is normally
used for fishing and placed where it is not readily available for
fishing; and
(3) where requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be conducted.

43cb6193bc55af74e1493b9a4043ace2e2ccbf37c3e62067d20908967e282e93

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.

e17d8935f7ec03e1ce29aa2f2e3c74f143e942dfb2c263ae5253a0d084db540f

This title may be cited as the ``Pacific Whiting Act of 2006''.

2a5920b5a6db44a1689bad9dfc214c582ad92c113dfd8a2f03963abf0bb0ca5d

TITLE VI

-PACIFIC WHITING

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.

8eab01bfb8f31d447a116f8ba1dc9b3bf969a980beb2f8784c69b64f2b90e302

(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.

9accffba94c6c8d1f0066e3ba14c930db906b4bb37577649083a7d3b08a9c565

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

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(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.

fee35de97666d506a611ea67573123c9119ff37cbc6710f1a7ba9de67661cd29

(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.

d45240e3e406fa556142dc161af5c6b08adb35e9930a3bf72d778d83c6ebbabc

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

0c88bdb77e5f52e5a34ab440271daf89600573842967e0991a960e753e07ead7

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

e9b5e8c4b39dc1da9989bd9a1eebd5ad585a570f65ecc69c19bdeab5bd1cf961

(a) Employment Status.--Individuals appointed under section 603,
604, 605, or 606 of this title who are serving as such Commissioners,
other than officers or employees of the United States Government, shall
be considered to be Federal employees while performing such service,
only for purposes of--
(1) injury compensation under chapter 81 of title 5, United
States Code;
(2) requirements concerning ethics, conflicts of interest, and
corruption as provided under title 18, United States Code; and
(3) any other criminal or civil statute or regulation governing
the conduct of Federal employees.
(b) Compensation.--
(1) In general.--Except as provided in paragraph (2), an
individual appointed under this title shall receive no compensation
for the individual's service as a representative, alternate
representative, scientific expert, or advisory panel member under
this title.
(2) Scientific review group.--Notwithstanding paragraph (1),
the Secretary may employ and fix the compensation of an individual
appointed under section 604(a) to serve as a scientific expert on
the scientific review group who is not employed by the United
States Government, a State government, or an Indian tribal
government in accordance with section 3109 of title 5, United
States Code.
(c) Travel Expenses.--Except as provided in subsection (d), the
Secretary shall pay the necessary travel expenses of individuals
appointed under this title in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
(d) Joint Appointees.--With respect to the 2 independent members of
the scientific review group and the 2 public advisors to the scientific
review group jointly appointed under section 604(c), and the 1
independent member to the joint technical committee jointly appointed
under section 605(b), the Secretary may pay up to 50 percent of--
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such individuals.

ae8e74b102b0c28c317db635ee356392c9ba7a151fc76961392d340397948ff2

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

84c0b7ad631a763f818c90fc2d4c0c9fcd38ebfc026c325d807c47a0f2a2c195

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.

a6999a7dc743721a154977c012be859357cab27a3c790453232fda83bca28bd1

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.

95a2fb9f8d22c823a945fe0c77a7764ba980fe013104b93846b10818817a478d

(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 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.
(B) The Special Holding Account shall be maintained and
invested by the Secretary of the Interior pursuant to the Act
of June 24, 1938, (25 U.S.C. 162a) until such time as all
monies are transferred from the Special Holding Account.
(C) If a court of competent jurisdiction renders a final
decision declaring that any of the other Tribes has an
established treaty right to take or harvest shellfish in
covered tidelands, as that term is defined in the settlement
agreement, and such tribe opts to accept a share of the Special
Holding Account, rather than litigate this claim against the
growers, the Secretary shall transfer the appropriate share of
the monies held in the Special Holding Account to each such
tribe of the other Tribes in the amounts appropriate to
compensate the other Tribes in the same manner and for the same
purposes as the Tribes who are signatory to the settlement
agreement. Such a transfer to a tribe shall constitute full and
complete satisfaction of that tribe's claims to shellfish on
the covered tidelands.
(D) The Secretary may retain such amounts of the Special
Holding Account as necessary to provide for additional tribes
that may judicially establish their rights to take shellfish in
the covered tidelands within the term of that Account, provided
that the Secretary pays the remaining balance to the other
Tribes prior to the expiration of the term of the Special
Holding Account.
(E) The Tribes shall have no interest, possessory or
otherwise, in the Special Holding Account.
(F) Twenty years after the deposit of funds into the
Special Holding Account, the Secretary shall close the Account
and transfer the balance of any funds held in the Special
Holding Account at that time to the Treasury. However, the
Secretary may continue to maintain the Special Holding Account
in order to resolve the claim of an other Tribe that has
notified the Secretary in writing within the 20-year term of
that Tribe's interest in resolving its claim in the manner
provided for in this section.
(G) It is the intent of Congress that the other Tribes, if
any, shall have the option of agreeing to similar rights and
responsibilities as the Tribes that are signatories to the
settlement agreement, if they opt not to litigate against the
growers.
(3) Annual report.--Each tribe of the Tribes, or any of the
other Tribes accepting a settlement of its claims to shellfish on
covered lands pursuant to paragraph (2)(C), shall submit to the
Secretary an annual report that describes all expenditures made
with monies withdrawn from the Fund or Special Holding Account
during the year covered by the report.
(4) Judicial and administrative action.--The Secretary may take
judicial or administrative action to ensure that any monies
withdrawn from the Fund or Special Holding Account are used in
accordance with the purposes described in the settlement agreement
and this section.
(5) Clarification of trust responsibility.--Beginning on the
date that monies are transferred to a tribe of the Tribes or a
tribe of the other Tribes pursuant to this section, any trust
responsibility or liability of the United States with respect to
the expenditure or investment of the monies withdrawn shall cease.
(d) State of Washington Payment.--The Secretary shall not be
accountable for nor incur any liability for the collection, deposit,
management or nonpayment of the State of Washington payment of
$11,000,000 to the Tribes pursuant to the settlement agreement.
(e) Release of Other Tribes Claims.--
(1) Right to bring actions.--As of the date of enactment of
this section, all right of any other Tribes to bring an action to
enforce or exercise its treaty rights to take shellfish from public
and private tidelands in Washington State, including from some
lands owned, leased, or otherwise subject to harvest by any and all
growers shall be determined in accordance with the decisions of the
Courts of the United States in United States v. Washington, Civ.
No. 9213 (Western District of Washington).
(2) Certain rights governed by this section.--If a tribe falling
within the other Tribes category opts to resolve its claims to take
shellfish from covered tidelands owned or leased by the growers
pursuant to subsection (c)(2)(C) of this section, that tribe's
rights shall be governed by this section, as well as by the
decisions of the Courts in United States v. Washington, Civ. No.
9213.
(3) No breach of trust.--Notwithstanding whether the United
States has a duty to initiate such an action, the failure or
declination by the United States to initiate any action to enforce
any other Tribe's or other Tribes' treaty rights to take shellfish
from public and private tidelands in Washington State, including
from covered tidelands owned, leased, or otherwise subject to
harvest by any and all growers shall not constitute a breach of
trust by the United States or be compensable to other Tribes.
(f) Cause of Action.--If any payment by the United States is not
paid in the amount or manner specified by this section, or is not paid
within 6 months after the date specified by the settlement agreement,
such failure shall give rise to a cause of action by the Tribes either
individually or collectively against the United States for money
damages for the amount authorized but not paid to the Tribes, and the
Tribes, either individually or collectively, are authorized to bring an
action against the United States in the United States Court of Federal
Claims for such funds plus interest.
(g) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Puget Sound Shellfish
Settlement Trust Fund Account established by this section.
(2) Growers.--The term ``growers'' means Taylor United, Inc.;
Olympia Oyster Company; G.R. Clam & Oyster Farm; Cedric E. Lindsay;
Minterbrook Oyster Company; Charles and Willa Murray; Skookum Bay
Oyster Company; J & G Gunstone Clams, Inc.; and all persons who
qualify as ``growers'' in accordance with and pursuant to the
settlement agreement.
(3) Other tribes.--The term ``other Tribes'' means any
federally recognized Indian nation or tribe other than the Tribes
described in paragraph (6) that, within 20 years after the deposit
of funds in the Special Holding Account, establishes a legally
enforceable treaty right to take shellfish from covered tidelands
described in the settlement agreement, owned, leased or otherwise
subject to harvest by those persons or entities that qualify as
growers.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Settlement agreement.--The term ``settlement agreement''
means the settlement agreement entered into by and between the
Tribes, commercial shellfish growers, the State of Washington and
the United States, to resolve certain disputes between and among
them regarding implementation of the Tribes' treaty right to take
shellfish from certain covered tidelands owned, leased or otherwise
subject to harvest by the growers.
(6) Tribes.--The term ``Tribes'' means the following federally
recognized Tribes that executed the settlement agreement: Tulalip,
Stillaguamish, Sauk Suiattle, Puyallup, Squaxin Island, Makah,
Muckleshoot, Upper Skagit, Nooksack, Nisqually, Skokomish, Port
Gamble S'Klallam, Lower Elwha Klallam, Jamestown S'Klallam, and
Suquamish Tribes, the Lummi Nation, and the Swinomish Indian Tribal
Community.
(7) Special holding account.--The term ``Special Holding
Account'' means the Puget Sound Shellfish Settlement Special
Holding Account established by this section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated $23,500,000 to carry out this section--
(A) $2,000,000 for fiscal year 2007;
(B) $5,000,000 for each of fiscal years 2008 through 2010;
and
(C) $6,500,000 for fiscal year 2011.

ae1a9ee33b17031177fcb5ebd54edbb7d8e76aafebfc314d9fc05ae0d6a7b195

This title may be cited as the ``Tsunami Warning and Education
Act''.

25127039e5af09f672c5facebb34cbf6089d37e5839347ba522d45a16bba12b2

TITLE VIII

-TSUNAMI WARNING AND EDUCATION

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.

8d05d845bd0a8d36648764a9bb2e3195f0f4a371db91c2cfbca6f4cb55347da6

The purposes of this title are--
(1) to improve tsunami detection, forecasting, warnings,
notification, outreach, and mitigation to protect life and property
in the United States;
(2) to enhance and modernize the existing Pacific Tsunami
Warning System to increase coverage, reduce false alarms, and
increase the accuracy of forecasts and warnings, and to expand
detection and warning systems to include other vulnerable States
and United States territories, including the Atlantic Ocean,
Caribbean Sea, and Gulf of Mexico areas;
(3) to improve mapping, modeling, research, and assessment
efforts to improve tsunami detection, forecasting, warnings,
notification, outreach, mitigation, response, and recovery;
(4) to improve and increase education and outreach activities
and ensure that those receiving tsunami warnings and the at-risk
public know what to do when a tsunami is approaching;
(5) to provide technical and other assistance to speed
international efforts to establish regional tsunami warning systems
in vulnerable areas worldwide, including the Indian Ocean; and
(6) to improve Federal, State, and international coordination
for detection, warnings, and outreach for tsunami and other coastal
impacts.

1bf9fc572e422590c4a97ee8379e3d3093ac8600770ed4fc8d2ba1cabdcafe74

(a) In General.--The Administrator, through the National Weather
Service and in consultation with other relevant Administration offices,
shall operate a program to provide tsunami detection, forecasting, and
warnings for the Pacific and Arctic Ocean regions and for the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico region.
(b) Components.--The program under this section shall--
(1) include the tsunami warning centers established under
subsection (d);
(2) utilize and maintain an array of robust tsunami detection
technologies;
(3) maintain detection equipment in operational condition to
fulfill the detection, forecasting, and warning requirements of
this title;
(4) provide tsunami forecasting capability based on models and
measurements, including tsunami inundation models and maps for use
in increasing the preparedness of communities, including through
the TsunamiReady program;
(5) maintain data quality and management systems to support the
requirements of the program;
(6) include a cooperative effort among the Administration, the
United States Geological Survey, and the National Science
Foundation under which the Geological Survey and the National
Science Foundation shall provide rapid and reliable seismic
information to the Administration from international and domestic
seismic networks;
(7) provide a capability for the dissemination of warnings to
at-risk States and tsunami communities through rapid and reliable
notification to government officials and the public, including
utilization of and coordination with existing Federal warning
systems, including the National Oceanic and Atmospheric
Administration Weather Radio All Hazards Program;
(8) allow, as practicable, for integration of tsunami detection
technologies with other environmental observing technologies; and
(9) include any technology the Administrator considers
appropriate to fulfill the objectives of the program under this
section.
(c) System Areas.--The program under this section shall operate--
(1) a Pacific tsunami warning system capable of forecasting
tsunami anywhere in the Pacific and Arctic Ocean regions and
providing adequate warnings; and
(2) an Atlantic Ocean, Caribbean Sea, and Gulf of Mexico
tsunami warning system capable of forecasting tsunami and providing
adequate warnings in areas of the Atlantic Ocean, Caribbean Sea,
and Gulf of Mexico that are determined--
(A) to be geologically active, or to have significant
potential for geological activity; and
(B) to pose significant risks of tsunami for States along
the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf
of Mexico.
(d) Tsunami Warning Centers.--
(1) In general.--The Administrator, through the National
Weather Service, shall maintain or establish--
(A) a Pacific Tsunami Warning Center in Hawaii;
(B) a West Coast and Alaska Tsunami Warning Center in
Alaska; and
(C) any additional forecast and warning centers determined
by the National Weather Service to be necessary.
(2) Responsibilities.--The responsibilities of each tsunami
warning center shall include--
(A) continuously monitoring data from seismological, deep
ocean, and tidal monitoring stations;
(B) evaluating earthquakes that have the potential to
generate tsunami;
(C) evaluating deep ocean buoy data and tidal monitoring
stations for indications of tsunami resulting from earthquakes
and other sources;
(D) disseminating forecasts and tsunami warning bulletins
to Federal, State, and local government officials and the
public;
(E) coordinating with the tsunami hazard mitigation program
described in section 805 to ensure ongoing sharing of
information between forecasters and emergency management
officials; and
(F) making data gathered under this title and post-warning
analyses conducted by the National Weather Service or other
relevant Administration offices available to researchers.
(e) Transfer of Technology; Maintenance and Upgrades.--
(1) In general.--In carrying out this section, the National
Weather Service, in consultation with other relevant Administration
offices, shall--
(A) develop requirements for the equipment used to forecast
tsunami, which shall include provisions for multipurpose
detection platforms, reliability and performance metrics, and
to the maximum extent practicable how the equipment will be
integrated with other United States and global ocean and
coastal observation systems, the global earth observing system
of systems, global seismic networks, and the Advanced National
Seismic System;
(B) develop and execute a plan for the transfer of
technology from ongoing research described in section 806 into
the program under this section; and
(C) ensure that maintaining operational tsunami detection
equipment is the highest priority within the program carried
out under this title.
(2) Report to congress.--
(A) Not later than 1 year after the date of enactment of
this Act, the National Weather Service, in consultation with
other relevant Administration offices, shall transmit to
Congress a report on how the tsunami forecast system under this
section will be integrated with other United States and global
ocean and coastal observation systems, the global earth
observing system of systems, global seismic networks, and the
Advanced National Seismic System.
(B) Not later than 3 years after the date of enactment 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) Congressional Notifications.--The Administrator shall notify
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science of the House of Representatives within 30
days of--
(1) impaired regional forecasting capabilities due to equipment
or system failures; and
(2) significant contractor failures or delays in completing
work associated with the tsunami forecasting and warning system.
(i) Report.--Not later than January 31, 2010, the Comptroller
General of the United States shall transmit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives that--
(1) evaluates the current status of the tsunami detection,
forecasting, and warning system and the tsunami hazard mitigation
program established under this title, including progress toward
tsunami inundation mapping of all coastal areas vulnerable to
tsunami and whether there has been any degradation of services as a
result of the expansion of the program;
(2) evaluates the National Weather Service's ability to achieve
continued improvements in the delivery of tsunami detection,
forecasting, and warning services by assessing policies and plans
for the evolution of modernization systems, models, and
computational abilities (including the adoption of new
technologies); and
(3) lists the contributions of funding or other resources to
the program by other Federal agencies, particularly agencies
participating in the program.
(j) External Review.--The Administrator shall enter into an
arrangement with the National Academy of Sciences to review the tsunami
detection, forecast, and warning program established under this title
to assess further modernization and coverage needs, as well as long-
term operational reliability issues, taking into account measures
implemented under this title. The review shall also include an
assessment of how well the forecast equipment has been integrated into
other United States and global ocean and coastal observation systems
and the global earth observing system of systems. Not later than 2
years after the date of enactment of this Act, the Administrator shall
transmit a report containing the National Academy of Sciences'
recommendations, the Administrator's responses to the recommendations,
including those where the Administrator disagrees with the Academy, a
timetable to implement the accepted recommendations, and the cost of
implementing all the Academy's recommendations, to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science of the House of Representatives.
(k) Report.--Not later than 3 months after the date of enactment of
this Act, the Administrator shall establish a process for monitoring
and certifying contractor performance in carrying out the requirements
of any contract to construct or deploy tsunami detection equipment,
including procedures and penalties to be imposed in cases of
significant contractor failure or negligence.

3a43690ef46c30772f16eb1d1ce63e014840de264f5cde984441bebc33d05a95

(a) In General.--The Administrator, through the National Weather
Service and in consultation with other relevant Administration offices,
shall conduct a community-based tsunami hazard mitigation program to
improve tsunami preparedness of at-risk areas in the United States and
its territories.
(b) Coordinating Committee.--In conducting the program under this
section, the Administrator shall establish a coordinating committee
comprising representatives of Federal, State, local, and tribal
government officials. The Administrator may establish subcommittees to
address region-specific issues. The committee shall--
(1) recommend how funds appropriated for carrying out the
program under this section will be allocated;
(2) ensure that areas described in section 804(c) in the United
States and its territories can have the opportunity to participate
in the program;
(3) provide recommendations to the National Weather Service on
how to improve the TsunamiReady program, particularly on ways to
make communities more tsunami resilient through the use of
inundation maps and other mitigation practices; and
(4) ensure that all components of the program are integrated
with ongoing hazard warning and risk management activities,
emergency response plans, and mitigation programs in affected
areas, including integrating information to assist in tsunami
evacuation route planning.
(c) Program Components.--The program under this section shall--
(1) use inundation models that meet a standard of accuracy
defined by the Administration to improve the quality and extent of
inundation mapping, including assessment of vulnerable inner
coastal and nearshore areas, in a coordinated and standardized
fashion to maximize resources and the utility of data collected;
(2) promote and improve community outreach and education
networks and programs to ensure community readiness, including the
development of comprehensive coastal risk and vulnerability
assessment training and decision support tools, implementation of
technical training and public education programs, and providing for
certification of prepared communities;
(3) integrate tsunami preparedness and mitigation programs into
ongoing hazard warning and risk management activities, emergency
response plans, and mitigation programs in affected areas,
including integrating information to assist in tsunami evacuation
route planning;
(4) promote the adoption of tsunami warning and mitigation
measures by Federal, State, tribal, and local governments and
nongovernmental entities, including educational programs to
discourage development in high-risk areas; and
(5) provide for periodic external review of the program.
(d) Savings Clause.--Nothing in this section shall be construed to
require a change in the chair of any existing tsunami hazard mitigation
program subcommittee.

52d0d129ccc2e16b7d0f2ff011dbfdad0e203640e92872ec0463dfd252e8e056

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006

Other Sections