Page:United States Statutes at Large Volume 120.djvu/3637

 120 STAT. 3606

‘‘(3) describes improvements and reduction in bycatch and seabird interactions associated with implementing this section, as well as proposals to address remaining bycatch or seabird interaction problems.’’. (b) CDQ BYCATCH LIMITATIONS.— (1) IN GENERAL.—Section 305(i) (16 U.S.C. 1855(i)) is amended— (A) by striking ‘‘directed fishing allocation’’ and all that follows in paragraph (1)(B)(ii)(I), and inserting ‘‘total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and’’; (B) by striking ‘‘directed fishing allocation of 10 percent.’’ in paragraph (1)(B)(ii)(II) and inserting ‘‘total allocation (directed and nontarget combined) of 10.7 percent.’’; (C) by inserting after paragraph (1)(B)(ii) the following: ‘‘The total allocation (directed and nontarget combined) for a fishery to which subclause (I) or (II) applies may not be exceeded.’’; and (D) by inserting ‘‘Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary based on the nontarget needs of eligible entities in the absence of a panel decision.’’ after ‘‘2006.’’ in paragraph (1)(C). (2) EFFECTIVE DATE.—The allocation percentage in subclause (I) of section 305(i)(1)(B)(ii) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(B)(ii)), as amended by paragraph (1) of this subsection, shall be in effect in 2007 with respect to any sector of a fishery to which such subclause applies and in which a fishing cooperative is established in 2007, and such sector’s 2007 allocation shall be reduced by a pro rata amount to accomplish such increased allocation to the program. For purposes of section 305(i)(1) of that Act and of this subsection, the term ‘‘fishing cooperative’’ means a fishing cooperative whether or not authorized by a fishery management council or Federal agency, if a majority of the participants in the sector are participants in the fishing cooperative.

Effective date.

Applicability.

16 USC 1855 note.

16 USC 1891a.

PUBLIC LAW 109–479—JAN. 12, 2007

SEC. 117. COMMUNITY-BASED RESTORATION PROGRAM FOR FISHERY AND COASTAL HABITATS.

(a) IN GENERAL.—The Secretary of Commerce shall establish a community-based fishery and coastal habitat restoration program to implement and support the restoration of fishery and coastal habitats. (b) AUTHORIZED ACTIVITIES.—In carrying out the program, the Secretary may— (1) provide funding and technical expertise to fishery and coastal communities to assist them in restoring fishery and coastal habitat;

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