PUBLIC LAW 109–479—JAN. 12, 2007
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 satellitebased 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—
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