REGIONAL FISHERY MANAGEMENT COUNCILS.

SEC. 103. REGIONAL FISHERY MANAGEMENT COUNCILS.(a) Tribal Alternate on Pacific Council.—Section 302(b)(5) (16 U.S.C. 1852(b)(5)) is amended by adding at the end thereof the following:120 STAT. 3580 “(D) The tribal representative appointed under subparagraph (A) may designate as an alternate, during the period of the representative’s term, an individual knowledgeable concerning tribal rights, tribal law, and the fishery resources of the geographical area concerned.”.(b) Scientific and Statistical Committees.—Section 302(g) (16 U.S.C. 1852(g)) is amended—(1) by striking so much of subsection (g) as precedes paragraph (2) and inserting the following:“(g) Committees and Advisory Panels.—“(1)(A) 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); and120 STAT. 3581(3) by inserting after paragraph (5) the following:“(6) develop annual catch limits for each of its managed fisheries that may not exceed the fishing level recommendations of its scientific and statistical committee or the peer review process established under subsection (g); and”.(d) Scientific Research Priorities.—Section 302(h) (16 U.S.C. 1852(h)), as amended by subsection (c), is further amended—(1) by striking “(g); and” in paragraph (6) and inserting “(g);”;(2) by redesignating paragraph (7), as redesignated by subsection (c)(2), as paragraph (8);(2) by inserting after paragraph (6) the following:“(7) develop, in conjunction with the scientific and statistical committee, multi-year research priorities for fisheries, fisheries interactions, habitats, and other areas of research that are necessary for management purposes, that shall—“(A) establish priorities for 5-year periods;“(B) be updated as necessary; and“(C) be submitted to the Secretary and the regional science centers of the National Marine Fisheries Service for their consideration in developing research priorities and budgets for the region of the Council; and”.(e) Regular and Emergency 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;120 STAT. 3582“(D) tribal treaty rights and native customs, access, and other rights related to Western Pacific indigenous communities;“(E) legal requirements of this Act, including conflict of interest and disclosure provisions of this section and related policies;“(F) other relevant legal and regulatory requirements, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.); “(G) public process for development of fishery management plans;“(H) other topics suggested by the Council; and“(I) recreational and commercial fishing information, including fish harvesting techniques, gear types, fishing vessel types, and economics for the fisheries within each Council’s jurisdiction.“(2) Member training.—The training course shall be available to both new and existing Council members, staff from the regional offices and regional science centers of the National Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow.“(3) 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,”; and120 STAT. 3583(4) by inserting “other committees,” in paragraph (3)(A) after “committee,”.(i) Conflicts of Interest.—Section 302(j) (16 U.S.C. 1852(j)) is amended—(1) by inserting “lobbying, advocacy,” after “processing,” in paragraph (2);(2) by striking “jurisdiction.” in paragraph (2) and inserting “jurisdiction, or with respect to an individual or organization with a financial interest in such activity.”;(3) by striking subparagraph (B) of paragraph (5) and inserting the following:“(B) 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.”.120 STAT. 3584