Page:United States Statutes at Large Volume 120.djvu/3630

 PUBLIC LAW 109–479—JAN. 12, 2007

120 STAT. 3599

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.

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