Page:United States Statutes at Large Volume 120.djvu/3627

 120 STAT. 3596

PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 110. SECRETARIAL ACTION ON STATE GROUNDFISH FISHING.

Deadline.

Notification.

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).’’. 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

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