120 STAT. 3632
PUBLIC LAW 109–479—JAN. 12, 2007
has issued a negative certification under this subsection, but shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. ‘‘(d) INTERNATIONAL COOPERATION AND ASSISTANCE.—To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall— ‘‘(1) provide appropriate assistance to nations identified by the Secretary under subsection (a) and international organizations of which those nations are members to assist those nations in qualifying for certification under subsection (c); ‘‘(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations; ‘‘(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under subsection (c); and ‘‘(4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans. ‘‘(e) PROTECTED LIVING MARINE RESOURCE DEFINED.—In this section the term ‘protected living marine resource’— ‘‘(1) means non-target fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including the Marine Mammal Protection Act, the Endangered Species Act, the Shark Finning Prohibition Act, and the Convention on International Trade in Endangered Species of Wild Flora and Fauna; but ‘‘(2) does not include species, except sharks, managed under the Magnuson-Stevens Fishery Conservation and Management Act, the Atlantic Tunas Convention Act, or any international fishery management agreement. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.’’. (b) CONFORMING AMENDMENTS.— (1) DENIAL OF PORT PRIVILEGES.—Section 101(b) of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(b)) is amended by inserting ‘‘or illegal, unreported, or unregulated fishing’’ after ‘‘fishing’’ in paragraph (1)(A)(i), paragraph (1)(B), paragraph (2), and paragraph (4)(A)(i). (2) DURATION OF DENIAL.—Section 102 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended by inserting ‘‘or illegal, unreported , or unregulated fishing’’ after ‘‘fishing’’. SEC. 404. MONITORING OF PACIFIC INSULAR AREA FISHERIES.
(a) WAIVER AUTHORITY.—Section 201(h)(2)(B) (16 U.S.C. 1821(h)(2)(B)) is amended by striking ‘‘that is at least equal in effectiveness to the program established by the Secretary;’’ and inserting ‘‘or other monitoring program that the Secretary, in consultation with the Western Pacific Management Council, determines is adequate to monitor harvest, bycatch, and compliance with the laws of the United States by vessels fishing under the agreement;’’. (b) MARINE CONSERVATION PLANS.—Section 204(e)(4)(A)(i) (16 U.S.C. 1824(e)(4)(A)(i)) is amended to read as follows:
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