JOINT ENFORCEMENT AGREEMENTS.

SEC. 111. JOINT ENFORCEMENT AGREEMENTS.(a) In General.—Section 311 (16 U.S.C. 1861) is amended—(1) by striking “and” after the semicolon in subsection (b)(1)(A)(iv);(2) by inserting “and” after the semicolon in subsection (b)(1)(A)(v);(3) by inserting after clause (v) of subsection (b)(1)(A) the following:“(vi) access, directly or indirectly, for enforcement purposes any data or information required to be provided under this title or regulations under this title, including data from vessel monitoring systems, satellite-based maritime distress and safety systems, or any similar system, subject to the confidentiality provisions of section 402;”;(4) by redesignating subsection (h) as subsection (j); and(5) by inserting after subsection (g) the following:“(h) Joint Enforcement Agreements.—“(1) In general.—The Governor of an eligible State may apply to the Secretary for execution of a joint enforcement agreement with the Secretary that will authorize the deputization and funding of State law enforcement officers with marine law enforcement responsibilities to perform duties of the Secretary relating to law enforcement provisions under this title or any other marine resource law enforced by the Secretary. Upon receiving an application meeting the requirements of this subsection, the Secretary may enter into a joint enforcement agreement with the requesting State.“(2) Eligible state.—A State is eligible to participate in the cooperative enforcement agreements under this section if it is in, or bordering on, the Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf 120 STAT. 3597 of Mexico, Long Island Sound, or 1 or more of the Great Lakes.“(3) Requirements.—Joint enforcement agreements executed under paragraph (1)—“(A) shall be consistent with the purposes and intent of this section to the extent applicable to the regulated activities;“(B) may include specifications for joint management responsibilities as provided by the first section of Public Law 91–412 (15 U.S.C. 1525); and“(C) shall provide for confidentiality of data and information submitted to the State under section 402.“(4) Allocation of funds.—The Secretary shall include in each joint enforcement agreement an allocation of funds to assist in management of the agreement. The allocation shall be fairly distributed among all eligible States participating in cooperative enforcement agreements under this subsection, based upon consideration of Federal marine enforcement needs, the specific marine conservation enforcement needs of each participating eligible State, and the capacity of the State to undertake the marine enforcement mission and assist with enforcement needs. The agreement may provide for amounts to be withheld by the Secretary for the cost of any technical or other assistance provided to the State by the Secretary under the agreement.“(i) Improved Data Sharing.—“(1) 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—120 STAT. 3598(1) a cost-to-benefit analysis of the feasibility, value, and cost of using vessel monitoring systems, satellite-based maritime distress and safety systems, or similar systems for fishery management, conservation, enforcement, and safety purposes with the Federal government bearing the capital costs of any such system;(2) an examination of the cumulative impact of existing requirements for commercial vessels;(3) an examination of whether satellite-based maritime distress and safety systems, or similar requirements would overlap existing requirements or render them redundant;(4) an examination of how data integration from such systems could be addressed;(5) an examination of how to maximize the data-sharing opportunities between relevant State and Federal agencies and provide specific information on how to develop these opportunities, including the provision of direct access to satellite-based maritime distress and safety system or similar system data to State enforcement officers, while considering the need to maintain or provide an appropriate level of individual vessel confidentiality where practicable; and(6) an assessment of how the satellite-based maritime distress and safety system or similar systems could be developed, purchased, and distributed to regulated vessels.