Page:United States Statutes at Large Volume 120.djvu/3629

 120 STAT. 3598

PUBLIC LAW 109–479—JAN. 12, 2007 (1) a cost-to-benefit analysis of the feasibility, value, and cost of using vessel monitoring systems, satellite-based maritime distress and safety systems, or similar systems for fishery management, conservation, enforcement, and safety purposes with the Federal government bearing the capital costs of any such system; (2) an examination of the cumulative impact of existing requirements for commercial vessels; (3) an examination of whether satellite-based maritime distress and safety systems, or similar requirements would overlap existing requirements or render them redundant; (4) an examination of how data integration from such systems could be addressed; (5) an examination of how to maximize the data-sharing opportunities between relevant State and Federal agencies and provide specific information on how to develop these opportunities, including the provision of direct access to satellite-based maritime distress and safety system or similar system data to State enforcement officers, while considering the need to maintain or provide an appropriate level of individual vessel confidentiality where practicable; and (6) an assessment of how the satellite-based maritime distress and safety system or similar systems could be developed, purchased, and distributed to regulated vessels.

SEC. 112. TRANSITION TO SUSTAINABLE FISHERIES.

(a) IN GENERAL.—Section 312 (16 U.S.C. 1861a) is amended— (1) by striking ‘‘measures;’’ in subsection (a)(1)(B) and inserting ‘‘measures, including regulatory restrictions (including those imposed as a result of judicial action) imposed to protect human health or the marine environment;’’; (2) by striking ‘‘1996, 1997, 1998, and 1999.’’ in subsection (a)(4) and inserting ‘‘2007 through 2013.’’; (3) by striking ‘‘or the Governor of a State for fisheries under State authority, may conduct a fishing’’ in subsection (b)(1) and inserting ‘‘the Governor of a State for fisheries under State authority, or a majority of permit holders in the fishery, may conduct a voluntary fishing’’; (4) by inserting ‘‘practicable’’ after ‘‘entrants,’’ in subsection (b)(1)(B)(i); (5) by striking ‘‘cost-effective and’’ in subsection (b)(1)(C) and inserting ‘‘cost-effective and, in the instance of a program involving an industry fee system, prospectively’’; (6) by striking subparagraph (A) of subsection (b)(2) and inserting the following: ‘‘(A) the owner of a fishing vessel, if the permit authorizing the participation of the vessel in the fishery is surrendered for permanent revocation and the vessel owner and permit holder relinquish any claim associated with the vessel or permit that could qualify such owner or holder for any present or future limited access system permit in the fishery for which the program is established or in any other fishery and such vessel is (i) scrapped, or (ii) through the Secretary of the department in which the Coast Guard is operating, subjected to title restrictions (including loss of the vessel’s fisheries endorsement) that permanently prohibit and effectively prevent its

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