[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 200 Engrossed in House (EH)]
<DOC>
115th CONGRESS
2d Session
H. R. 200
_______________________________________________________________________
AN ACT
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide flexibility for fishery managers and stability for
fishermen, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Fishing Communities
and Increasing Flexibility in Fisheries Management Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.
TITLE I--MAGNUSON-STEVENS ACT FINDINGS AND DEFINITIONS AMENDMENTS AND
REAUTHORIZATION
Sec. 101. Amendments to findings.
Sec. 102. Amendments to definitions.
Sec. 103. Authorization of appropriations.
TITLE II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION
Sec. 201. Definitions.
Sec. 202. Process for allocation review for South Atlantic and Gulf of
Mexico mixed-use fisheries.
Sec. 203. Alternative fishery management measures.
Sec. 204. Modifications to the annual catch limit requirement.
Sec. 205. Limitation on future catch share programs.
Sec. 206. Study of limited access privilege programs for mixed-use
fisheries.
Sec. 207. Cooperative data collection.
Sec. 208. Recreational fishing data.
Sec. 209. Miscellaneous amendments relating to fishery management
councils.
Sec. 210. Northeast regional pilot research trawl survey and study.
TITLE III--HEALTHY FISHERIES THROUGH BETTER SCIENCE
Sec. 301. Healthy fisheries through better science.
Sec. 302. Transparency and public process.
Sec. 303. Flexibility in rebuilding fish stocks.
Sec. 304. Exempted fishing permits.
Sec. 305. Cooperative research and management program.
Sec. 306. Federal Gulf of Mexico red snapper management.
TITLE IV-- STRENGTHENING FISHING COMMUNITIES
Sec. 401. Estimation of cost of recovery from fishery resource
disaster.
Sec. 402. Deadline for action on request by Governor for determination
regarding fishery resource disaster.
Sec. 403. North Pacific Fishery management clarification.
Sec. 404. Limitation on harvest in North Pacific directed pollock
fishery.
Sec. 405. Arctic community development quota.
Sec. 406. Reallocation of certain unused harvest allocation.
Sec. 407. Community Development Quota Program panel voting procedures.
Sec. 408. Prohibition on shark feeding off coast of Florida.
Sec. 409. Restoration of historically freshwater environment.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Mitigation for impacts to submerged aquatic vegetation.
Sec. 502. Report on limited access privilege programs and conflicts of
interest with respect to Gulf of Mexico and
South Atlantic Ocean red snapper.
Sec. 503. plan for electronic monitoring and reporting procedures for
the Northeast Multispecies Fishery.
Sec. 504. Study of fees charged to lobster fishing industry.
Sec. 505. Limitation on application of prohibition on Atlantic striped
bass fishing in Block Island Sound transit
zone.
Sec. 506. Funding for monitoring implementation of Northeast
Multispecies Fishery Management Plan.
TITLE VI--REEF ASSASSIN ACT
Sec. 601. Short title.
Sec. 602. Encouraging elimination of lionfish.
SEC. 3. DEFINITIONS.
In this Act, any term used that is defined in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) shall have the same meaning such term has under that section.
SEC. 4. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
TITLE I--MAGNUSON-STEVENS ACT FINDINGS AND DEFINITIONS AMENDMENTS AND
REAUTHORIZATION
SEC. 101. AMENDMENTS TO FINDINGS.
Section 2(a) (16 U.S.C. 1801) is amended--
(1) in paragraph (1), by inserting ``cultural well-being,''
after ``economy,''; and
(2) in paragraph (10), by inserting ``and traditional ways
of life'' after ``economic growth''.
SEC. 102. AMENDMENTS TO DEFINITIONS.
(a) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(1) in paragraph (2), by striking ``management program'';
(2) in paragraph (34), by striking ``The terms
`overfishing' and `overfished' mean'' and inserting ``The term
`overfishing' means''; and
(3) by inserting after paragraph (8) the following:
``(8a) The term `depleted' means, with respect to a stock
of fish or stock complex, that the stock or stock complex has a
biomass that has declined below a level that jeopardizes the
capacity of the stock or stock complex to produce maximum
sustainable yield on a continuing basis.''; and
(4) by inserting after paragraph (43) the following:
``(43a)(A) The term `subsistence fishing' means fishing in
which the fish harvested are intended for customary and
traditional uses, including for direct personal or family
consumption as food or clothing; for the making or selling of
handicraft articles out of nonedible byproducts taken for
personal or family consumption, for barter, or sharing for
personal or family consumption; and for customary exchange or
trade.
``(B) In this paragraph--
``(i) the term `family' means all persons related
by blood, marriage, or adoption, or any person living
within the household on a permanent basis; and
``(ii) the term `barter' means the exchange of a
fish or fish part--
``(I) for another fish or fish part; or
``(II) for other food or for nonedible
items other than money if the exchange is of a
limited and noncommercial nature.''.
(b) Substitution of Term.--The Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended--
(1) in the heading of section 304(e), by striking
``Overfished'' and inserting ``Depleted''; and
(2) by striking ``overfished'' each place it appears and
inserting ``depleted''.
(c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C. (e)(1))
is amended by adding at the end the following: ``The report shall
distinguish between fisheries that are depleted (or approaching that
condition) as a result of fishing and fisheries that are depleted (or
approaching that condition) as a result of factors other than fishing.
The report shall state, for each fishery identified as depleted or
approaching that condition, whether the fishery is the target of
directed fishing.''.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended--
(1) by striking ``this Act'' and all that follows through
``(7)'' and inserting ``this Act''; and
(2) by striking ``fiscal year 2013'' and inserting ``each
of fiscal years 2018 through 2022''.
TITLE II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION
SEC. 201. DEFINITIONS.
For the purposes of implementing this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Limited access privilege program.--The term ``limited
access privilege program'' means a program that meets the
requirements of section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853a).
(3) Mixed-use fishery.--The term ``mixed-use fishery''
means a Federal fishery in which two or more of the following
occur:
(A) Recreational fishing.
(B) Charter fishing.
(C) Commercial fishing.
SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF
MEXICO MIXED-USE FISHERIES.
(a) Study of Allocations in Mixed-Use Fisheries.--Not later than 60
days after the date of enactment of this Act, the Secretary of Commerce
shall seek to enter into an arrangement with the National Academy of
Sciences to conduct a study of South Atlantic and Gulf of Mexico mixed-
use fisheries--
(1) to provide guidance to each applicable Council on
criteria that could be used for allocating fishing privileges,
including consideration of the conservation and socioeconomic
benefits of the commercial, recreational, and charter
components of a fishery, in the preparation of a fishery
management plan;
(2) to identify sources of information that could
reasonably support the use of such criteria in allocation
decisions;
(3) to develop procedures for allocation reviews and
potential adjustments in allocations; and
(4) that shall consider the ecological, economic and social
factors relevant to each component of the mixed-use fishery
including but not limited to: fairness and equitability of all
current allocations; percent utilization of available
allocations by each component; consumer and public access to
the resource; and the application of economic models for fully
estimating the direct and indirect value-added contributions of
the various commercial and recreational fishing industry market
sectors throughout chain of custody.
(b) Report.--Not later than 1 year after the date an arrangement is
entered into under subsection (a), the National Academy of Sciences
shall submit to the appropriate committees of Congress a report on the
study conducted under that subsection.
(c) Process for Allocation Review and Establishment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, an
applicable Council shall perform a review of the allocations to
the commercial fishing sector and the recreational fishing
sector of all applicable fisheries in its jurisdiction.
(2) Considerations.--In conducting a review under paragraph
(1), an applicable Council shall consider, in each allocation
decision, the conservation and socioeconomic benefits of--
(A) the commercial fishing sector; and
(B) the recreational fishing sector.
(d) Definition of Applicable Council.--In this section, the term
``applicable Council'' means--
(1) the South Atlantic Fishery Management Council; or
(2) the Gulf of Mexico Fishery Management Council.
SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEASURES.
Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) in paragraph (7)(C), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7), the following:
``(8) have the authority to use alternative fishery
management measures in a recreational fishery (or the
recreational component of a mixed-use fishery), including
extraction rates, fishing mortality targets, and harvest
control rules, in developing a fishery management plan, plan
amendment, or proposed regulations; and''.
SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.
(a) Regional Fishery Management Councils.--Section 302 (16 U.S.C.
1852) is amended by adding at the end the following:
``(m) Considerations for Modifications to Annual Catch Limit
Requirements.--
``(1) Annual catch limit requirement for certain data-poor
fisheries.--Notwithstanding subsection (h)(6), in the case of a
stock of fish for which the total annual catch limit is 25
percent or more below the overfishing limit, a peer-reviewed
stock survey and stock assessment have not been performed
during the preceding 5 fishing years, and the stock is not
subject to overfishing, a Council may, after notifying the
Secretary, maintain the current annual catch limit for the
stock until a peer-reviewed stock survey and stock assessment
are conducted and the results are considered by the Council and
its scientific and statistical committee.
``(2) Consideration of ecosystem and economic impacts.--In
establishing annual catch limits a Council may, consistent with
subsection (h)(6), consider changes in an ecosystem and the
economic needs of the fishing communities.
``(3) Limitations to annual catch limit requirement for
special fisheries.--Notwithstanding subsection (h)(6), a
Council is not required to develop an annual catch limit for--
``(A) an ecosystem-component species;
``(B) a fishery for a species that has a life cycle
of approximately 1 year, unless the Secretary has
determined the fishery is subject to overfishing; or
``(C) a stock for which--
``(i) more than half of a single-year class
will complete their life cycle in less than 18
months; and
``(ii) fishing mortality will have little
impact on the stock.
``(4) Relationship to international fishery efforts.--
``(A) In general.--Each annual catch limit,
consistent with subsection (h)(6)--
``(i) may take into account management
measures under international agreements in
which the United States participates; and
``(ii) in the case of an annual catch limit
developed by a Council for a species, shall
take into account fishing for the species
outside the exclusive economic zone and the
life-history characteristics of the species
that are not subject to the jurisdiction of the
Council.
``(B) Exception to annual catch limit
requirement.--If fishery management activities by
another country with respect to fishing outside the
exclusive economic zone may hinder conservation efforts
by United States fishermen for a fish species for which
any of the recruitment, distribution, life history, or
fishing activities are transboundary, and for which
there is no informal transboundary agreement with that
country in effect, then--
``(i) notwithstanding subsection (h)(6), no
annual catch limit is required to be developed
for the species by a Council; and
``(ii) if an annual catch limit is
developed by a Council for the species, the
catch limit shall take into account fishing for
the species outside the exclusive economic zone
that is not subject to the jurisdiction of the
Council.
``(5) Authorization for multispecies complexes and
multiyear annual catch limits.--For purposes of subsection
(h)(6), a Council may establish--
``(A) an annual catch limit for a stock complex; or
``(B) annual catch limits for each year in any
continuous period that is not more than 3 years in
duration.
``(6) Ecosystem-component species defined.--In this
subsection the term `ecosystem-component species' means a stock
of fish that is a nontarget, incidentally harvested stock of
fish in a fishery, or a nontarget, incidentally harvested stock
of fish that a Council or the Secretary has determined--
``(A) is not subject to overfishing, approaching a
depleted condition or depleted; and
``(B) is not likely to become subject to
overfishing or depleted in the absence of conservation
and management measures.
``(7) Rule of construction.--Nothing in this subsection
shall be construed as providing an exemption from the
requirements of section 301(a) of this Act.''.
(b) Action by the Secretary.--Section 304 (16 U.S.C. 1854) is
amended--
(1) by striking ``(i) International Overfishing.--'' and
inserting ``(j) International Overfishing.--'';
(2) in subsection (j)(1), as redesignated, by inserting
``shall'' before ``immediately''; and
(3) by adding at the end the following:
``(k) Stock Surveys and Assessments.--Not later than 2 years after
the date that the Secretary receives notice from a Council under
section 302(m), the Secretary shall complete a peer-reviewed stock
survey and stock assessment of the applicable stock of fish and
transmit the results of the survey and assessment to the Council.''.
SEC. 205. LIMITATION ON FUTURE CATCH SHARE PROGRAMS.
(a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is amended by
inserting after paragraph (2) the following:
``(2a) The term `catch share' means any fishery management
program that allocates a specific percentage of the total
allowable catch for a fishery, or a specific fishing area, to
an individual, cooperative, community, processor,
representative of a commercial sector, or regional fishery
association established in accordance with section 303A(c)(4),
or other entity.''.
(b) Catch Share Referendum Pilot Program.--
(1) In general.--Section 303A(c)(6)(D) (16 U.S.C.
1853a(c)(6)(D)) is amended to read as follows:
``(D) Catch share referendum pilot program.--
``(i) The New England, Mid-Atlantic, South
Atlantic, and Gulf of Mexico Councils may not
submit a fishery management plan or amendment
that creates a catch share program for a
fishery, and the Secretary may not approve or
implement such a plan or amendment submitted by
such a Council or a Secretarial plan or
amendment under section 304(c) that creates
such a program, unless the final program has
been approved, in a referendum in accordance
with this subparagraph, by a majority of the
permit holders eligible to participate in the
fishery. For multispecies permits in the Gulf
of Mexico, any permit holder with landings from
within the sector of the fishery being
considered for the catch share program within
the 5-year period preceding the date of the
referendum and still active in fishing in the
fishery shall be eligible to participate in
such a referendum. If a catch share program is
not approved by the requisite number of permit
holders, it may be revised and submitted for
approval in a subsequent referendum.
``(ii) The Secretary shall conduct a
referendum under this subparagraph, including
notifying all permit holders eligible to
participate in the referendum and making
available to them--
``(I) a copy of the proposed
program;
``(II) an estimate of the costs of
the program, including costs to
participants;
``(III) an estimate of the amount
of fish or percentage of quota each
permit holder would be allocated; and
``(IV) information concerning the
schedule, procedures, and eligibility
requirements for the referendum
process.
``(iii) For the purposes of this
subparagraph, the term `permit holder eligible
to participate' only includes the holder of a
permit for a fishery under which fishing has
occurred in 3 of the 5 years preceding a
referendum for the fishery, unless sickness,
injury, or other unavoidable hardship prevented
the permit holder from engaging in such
fishing.
``(iv) The Secretary may not implement any
catch share program for any fishery managed
exclusively by the Secretary unless first
petitioned by a majority of those permit
holders eligible to participate in the
fishery.''.
(2) Limitation on application.--The amendment made by
paragraph (1) shall not apply to a catch share program that is
submitted to, or proposed by, the Secretary of Commerce before
the date of enactment of this Act.
(3) Regulations.--Before conducting a referendum under the
amendment made by paragraph (1), the Secretary of Commerce
shall issue regulations implementing such amendment after
providing an opportunity for submission by the public of
comments on the regulations.
SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE
FISHERIES.
(a) Study on Limited Access Privilege Programs.--Not later than 1
year after the date of enactment of this Act, the Secretary of Commerce
shall seek to enter into an arrangement under which the Ocean Studies
Board of the National Academies of Sciences, Engineering, and Medicine
shall--
(1) study the use of limited access privilege programs in
mixed-use fisheries, including--
(A) identifying any inequities caused by a limited
access privilege program;
(B) recommending policies to address the inequities
identified in subparagraph (A); and
(C) identifying and recommending the different
factors and information a mixed-use fishery should
consider when designing, establishing, or maintaining a
limited access privilege program to mitigate any
inequities identified in subparagraph (A); and
(2) submit to the appropriate committees of Congress a
report on the study under paragraph (1), including the
recommendations under subparagraphs (B) and (C) of paragraph
(1).
(b) Temporary Moratorium.--
(1) In general.--Except as provided in paragraph (2), there
shall be a moratorium on the submission and approval of a
limited access privilege program for a mixed-use fishery until
the date that the report is submitted under subsection
(a)(1)(B).
(2) Exception.--Subject to paragraph (3), a Council may
submit, and the Secretary of Commerce may approve, for a mixed-
use fishery that is managed under a limited access system, a
limited access privilege program if such program was part of a
pending fishery management plan or plan amendment before the
date of enactment of this Act.
(3) Mandatory review.--A Council that approves a limited
access privilege program under paragraph (2) shall, upon
issuance of the report required under subparagraph (a), review
and, to the extent practicable, revise the limited access
privilege program to be consistent with the recommendations of
the report or any subsequent statutory or regulatory
requirements designed to implement the recommendations of the
report.
(4) Rule of construction.--Nothing in this section may be
construed to affect a limited access privilege program approved
by the Secretary of Commerce before the date of enactment of
this Act.
SEC. 207. COOPERATIVE DATA COLLECTION.
(a) Improving Data Collection and Analysis.--Section 404 (16 U.S.C.
1881c) is amended by adding at the end the following:
``(e) Improving Data Collection and Analysis.--
``(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop, in
consultation with the science and statistical committees of the
Councils established under section 302(g) and the Marine
Fisheries Commissions, and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Natural Resources of the House of Representatives a report on
facilitating greater incorporation of data, analysis, stock
assessments, and surveys from State agencies and
nongovernmental sources described in paragraph (2) into
fisheries management decisions.
``(2) Nongovernmental sources.--Nongovernmental sources
referred to in paragraph (1) include the following:
``(A) Fishermen.
``(B) Fishing communities.
``(C) Universities.
``(D) Research and philanthropic institutions.
``(3) Content.--In developing the report under paragraph
(1), the Secretary shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
reliably used for purposes of this Act as the basis for
establishing conservation and management measures as
required by section 303(a)(1), including setting
standards for the collection and use of that data and
analysis in stock assessments and surveys and for other
purposes as determined by the Secretary;
``(B) provide specific recommendations for
collecting data and performing analyses identified as
necessary to reduce uncertainty in and improve the
accuracy of future stock assessments, including whether
such data and analysis could be provided by
nongovernmental sources, including fishermen, fishing
communities, universities, and research institutions;
``(C) consider the extent to which it is possible
to establish a registry of persons collecting or
submitting the data and performing the analyses
identified under subparagraphs (A) and (B); and
``(D) consider the extent to which the acceptance
and use of data and analyses identified in the report
in fishery management decisions is practicable.''.
(b) Publication.--The Secretary of Commerce shall make available on
the Internet Website of the National Oceanic and Atmospheric
Administration the report required under the amendment made by
subsection (a) by not later than 1 year after the date of the enactment
of this Act.
(c) NAS Report Recommendations.--The Secretary of Commerce shall
take into consideration and, to the extent feasible, implement the
recommendations of the National Academy of Sciences in the report
entitled ``Review of the Marine Recreational Information Program
(2017)'', including--
(1) prioritizing the evaluation of electronic data
collection, including smartphone applications, electronic
diaries for prospective data collection, and an Internet
website option for panel members or for the public;
(2) evaluating whether the design of the Marine
Recreational Information Program for the purposes of stock
assessment and the determination of stock management reference
points is compatible with the needs of in-season management of
annual catch limits; and
(3) if the Marine Recreational Information Program is
incompatible with the needs of in-season management of annual
catch limits, determining an alternative method for in-season
management.
SEC. 208. RECREATIONAL FISHING DATA.
Section 401(g) (16 U.S.C. 1881(g)) is amended by redesignating
paragraph (4) as paragraph (5), and by inserting after paragraph (3)
the following:
``(4) Federal-state partnerships.--
``(A) Establishment.--The Secretary shall establish
partnerships with States to develop best practices for
implementation of State programs established pursuant
to paragraph (2).
``(B) Guidance.--The Secretary shall develop
guidance, in cooperation with the States, that details
best practices for administering State programs
pursuant to paragraph (2), and provide such guidance to
the State.''.
SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO FISHERY MANAGEMENT
COUNCILS.
(a) Council Jurisdiction for Overlapping Fisheries.--Section
302(a)(1) (16 U.S.C. 1852(a)) is amended--
(1) in subparagraph (A), in the second sentence--
(A) by striking ``18'' and inserting ``19''; and
(B) by inserting before the period at the end ``and
a liaison who is a member of the Mid-Atlantic Fishery
Management Council to represent the interests of
fisheries under the jurisdiction of such Council''; and
(2) in subparagraph (B), in the second sentence--
(A) by striking ``21'' and inserting ``22''; and
(B) by inserting before the period at the end ``and
a liaison who is a member of the New England Fishery
Management Council to represent the interests of
fisheries under the jurisdiction of such Council''.
(b) Council Seat.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is
amended--
(1) in subparagraph (A), by striking ``or recreational''
and inserting ``, recreational, or subsistence fishing''; and
(2) in subparagraph (C), in the second sentence, by
inserting ``, and in the case of the Governor of Alaska with
the subsistence fishing interests of the State,'' after
``interests of the State''.
(c) Purpose.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by
striking ``and recreational'' and inserting ``, recreational, and
subsistence''.
(d) Prohibition on Considering Red Snapper Killed During Removal of
Oil Rigs.--Any red snapper that are killed during the removal of any
offshore oil rig in the Gulf of Mexico shall not be considered in
determining under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) whether the total allowable
catch for red snapper has been reached.
(e) Prohibition on Considering Fish Seized From Foreign Fishing.--
Any fish that are seized from a foreign vessel engaged in illegal
fishing activities in the exclusive economic zone shall not be
considered in determining under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) the total
allowable catch for that fishery.
SEC. 210. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY AND STUDY.
(a) Industry-Based Pilot Study.--Within 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall, in
coordination with the relevant Councils selected by the Secretary and
the Northeast Area Monitoring and Assessment Program (NEAMAP), develop
a fishing industry-based Northeast regional pilot research trawl survey
and study to enhance and provide improvement to current National
Oceanic and Atmospheric Administration vessel trawl surveys.
(b) Components.--Under the pilot survey and study--
(1) the Secretary--
(A) may select fishing industry vessels to
participate in the study by issuing a request for
procurement;
(B) may use the NEAMAP Southern New England/Mid-
Atlantic Nearshore Trawl Survey as a model for the
pilot survey; and
(C) shall outfit participating vessels with a peer-
reviewed net configuration; and
(2) the selected Councils shall, in partnership with the
National Marine Fisheries Service Northeast Fisheries Science
Center and the Virginia Institute of Marine Science, collect
data and evaluate discrepancies between fishing industry vessel
data and National Oceanic and Atmospheric Administration vessel
data, for 5 years.
(b) Report.--Upon completion of the pilot survey and study, the
Secretary and the selected Councils shall submit a detailed report on
the results of the pilot survey and study to the Committee on Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
TITLE III--HEALTHY FISHERIES THROUGH BETTER SCIENCE
SEC. 301. HEALTHY FISHERIES THROUGH BETTER SCIENCE.
(a) Definition of Stock Assessment.--Section 3 (16 U.S.C. 1802), as
amended by section 102(a) of this Act, is further amended by
redesignating the paragraphs after paragraph (42) in order as
paragraphs (44) through (53), and by inserting after paragraph (42) the
following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish, that
includes--
``(A) a range of life history characteristics for
such stock, including--
``(i) the geographical boundaries of such
stock; and
``(ii) information on age, growth, natural
mortality, sexual maturity and reproduction,
feeding habits, and habitat preferences of such
stock; and
``(B) fishing for the stock.''.
(b) Stock Assessment Plan.--
(1) In general.--Section 404 (16 U.S.C. 1881c), as amended
by section 207(a) of this Act, is further amended by adding at
the end the following:
``(f) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
the strategic plan required under subsection (b) of this
section, a plan to conduct stock assessments for all stocks of
fish for which a fishery management plan is in effect under
this Act.
``(2) Contents.--The plan shall--
``(A) for each stock of fish for which a stock
assessment has previously been conducted--
``(i) establish a schedule for updating the
stock assessment that is reasonable given the
biology and characteristics of the stock; and
``(ii) subject to the availability of
appropriations, require completion of a new
stock assessment, or an update of the most
recent stock assessment--
``(I) every 5 years; or
``(II) within such other time
period specified and justified by the
Secretary in the plan;
``(B) for each stock of fish for which a stock
assessment has not previously been conducted--
``(i) establish a schedule for conducting
an initial stock assessment that is reasonable
given the biology and characteristics of the
stock; and
``(ii) subject to the availability of
appropriations, require completion of the
initial stock assessment within 3 years after
the plan is published in the Federal Register
unless another time period is specified and
justified by the Secretary in the plan; and
``(C) identify data and analysis, especially
concerning recreational fishing, that, if available,
would reduce uncertainty in and improve the accuracy of
future stock assessments, including whether such data
and analysis could be provided by fishermen, fishing
communities, universities, and research institutions,
to the extent that use of such data would be consistent
with the requirements in section 301(a)(2) to base
conservation and management measures on the best
scientific information available.
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock
assessment is not required for a stock of fish in the plan if
the Secretary determines that such a stock assessment is not
necessary and justifies such determination in the Federal
Register notice required by this subsection.''.
(2) Deadline.--Notwithstanding section 404(f)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act, as
amended by this section, the Secretary of Commerce shall issue
the first stock assessment plan under such section by not later
than 2 years after the date of enactment of this Act.
SEC. 302. TRANSPARENCY AND PUBLIC PROCESS.
(a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is
amended by adding at the end the following: ``Each scientific and
statistical committee shall develop such advice in a transparent manner
and allow for public involvement in the process.''.
(b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended
by adding at the end the following:
``(G) Each Council shall make available on the
Internet Web site of the Council--
``(i) to the extent practicable, a Webcast,
an audio recording, or a live broadcast of each
meeting of the Council, and of the Council
Coordination Committee established under
subsection (l), that is not closed in
accordance with paragraph (3); and
``(ii) audio, video (if the meeting was in
person or by video conference), or a searchable
audio or written transcript of each meeting of
the Council and of the meetings of committees
referred to in section (g)(1)(B) of the Council
by not later than 30 days after the conclusion
of the meeting.
``(H) The Secretary shall maintain and make
available to the public an archive of Council and
scientific and statistical committee meeting audios,
videos, and transcripts made available under clauses
(i) and (ii) of subparagraph (G).''.
SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS.
(a) General Requirements.--Section 304(e) (16 U.S.C. 1854(e)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)(i), by striking
``possible'' and inserting ``practicable'';
(B) by amending subparagraph (A)(ii) to read as
follows:
``(ii) may not exceed the time the stock
would be rebuilt without fishing occurring plus
one mean generation, except in a case in
which--
``(I) the biology of the stock of
fish, other environmental conditions,
or management measures under an
international agreement in which the
United States participates dictate
otherwise;
``(II) the Secretary determines
that the cause of the stock being
depleted is outside the jurisdiction of
the Council or the rebuilding program
cannot be effective only by limiting
fishing activities;
``(III) the Secretary determines
that one or more components of a mixed-
stock fishery is depleted but cannot be
rebuilt within that time frame without
significant economic harm to the
fishery, or cannot be rebuilt without
causing another component of the mixed-
stock fishery to approach a depleted
status;
``(IV) the Secretary determines
that recruitment, distribution, or life
history of, or fishing activities for,
the stock are affected by informal
transboundary agreements under which
management activities outside the
exclusive economic zone by another
country may hinder conservation and
management efforts by United States
fishermen; and
``(V) the Secretary determines that
the stock has been affected by unusual
events that make rebuilding within the
specified time period improbable
without significant economic harm to
fishing communities;'';
(C) by striking ``and'' after the semicolon at the
end of subparagraph (B), by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and (D), and by
inserting after subparagraph (A) the following:
``(B) take into account environmental condition
including predator/prey relationships;''; and
(D) by striking the period at the end of
subparagraph (D) (as so redesignated) and inserting ``;
and'', and by adding at the end the following:
``(E) specify a schedule for reviewing the
rebuilding targets, evaluating environmental impacts on
rebuilding progress, and evaluating progress being made
toward reaching rebuilding targets.''; and
(2) by adding at the end the following:
``(8) A fishery management plan, plan amendment, or
proposed regulations may use alternative rebuilding strategies,
including harvest control rules and fishing mortality-rate
targets to the extent they are in compliance with the
requirements of this Act.
``(9) A Council may terminate the application of paragraph
(3) to a fishery if the Council's scientific and statistical
committee determines and the Secretary concurs that the
original determination that the fishery was depleted was
erroneous, either--
``(A) within the 2-year period beginning on the
effective date a fishery management plan, plan
amendment, or proposed regulation for a fishery under
this subsection takes effect; or
``(B) within 90 days after the completion of the
next stock assessment after such determination.''.
(b) Emergency Regulations and Interim Measures.--Section
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180
days after'' and all that follows through ``provided'' and inserting
``1 year after the date of publication, and may be extended by
publication in the Federal Register for one additional period of not
more than 1 year, if''.
SEC. 304. EXEMPTED FISHING PERMITS.
(a) Objections.--If the relevant Council, the Interstate Marine
Fisheries Commission, or the fish and wildlife agency of an affected
State objects to the approval and issuance of an exempted fishing
permit under section 600.745 of title 50, Code of Federal Regulations,
or any successor regulation, the Regional Administrator of the National
Marine Fisheries Service who issued such exempted fishing permit shall
respond to such entity in writing detailing why such exempted fishing
permit was issued.
(b) 12-Month Finding.--At the end of the 12-month period beginning
on the date the exempted fishing permit is issued under section 600.745
of title 50, Code of Federal Regulations, or any successor regulation,
the Council that prepared the fishery management plan, or the Secretary
in the case of a fishery management plan prepared and implemented by
the Secretary, shall review the exempted fishing permit and determine
whether any unintended negative impacts have occurred that would
warrant the discontinuation of the permit.
(c) Clarification.--The Secretary may not issue an exempted fishing
permit under section 600.745 of title 50, Code of Federal Regulations,
or any successor regulation that--
(1) establishes a limited access system as defined in
section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802);
(2) is consistent with section 303A of such Act (16 U.S.C.
1853a); or
(3) establishes a catch share program as defined in section
206(a) of this Act.
(d) Savings Provision.--Except for subsection (b), nothing in this
section may be construed to affect an exempted fishing permit approved
under section 600.745 of title 50, Code of Federal Regulations, before
the date of the enactment of this Act.
SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
Section 318 (16 U.S.C. 1867) is amended--
(1) in subsection (a), by inserting ``(1)'' before the
first sentence, and by adding at the end the following:
``(2) Within 1 year after the date of enactment of the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act, and after consultation with the
Councils, the Secretary shall publish a plan for implementing
and conducting the program established in paragraph (1). Such
plan shall identify and describe critical regional fishery
management and research needs, possible projects that may
address those needs, and estimated costs for such projects. The
plan shall be revised and updated every 5 years, and updated
plans shall include a brief description of projects that were
funded in the prior 5-year period and the research and
management needs that were addressed by those projects.''; and
(2) in subsection (c)--
(A) in the heading, by striking ``Funding'' and
inserting ``Priorities''; and
(B) in paragraph (1), by striking ``including'' and
all that follows and inserting the following:
``including--
``(A) the use of fishing vessels or acoustic or
other marine technology;
``(B) expanding the use of electronic catch
reporting programs and technology; and
``(C) improving monitoring and observer coverage
through the expanded use of electronic monitoring
devices.''.
SEC. 306. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT.
(a) In General.--Section 407 (16 U.S.C. 1883) is amended to read as
follows:
``SEC. 407. CERTIFICATION OF STATE SURVEYS.
``(a) Submission.--A Gulf State that conducts a marine recreational
fisheries statistical survey in the Gulf of Mexico to make catch
estimates for red snapper landed in such State may submit such survey
to the Secretary for certification.
``(b) Certification Standards.--Not later than 90 days after the
date of enactment of the Strengthening Fishing Communities and
Increasing Flexibility in Fisheries Management Act, the Secretary shall
establish and provide the Gulf States with standards for certifying
State marine recreational fisheries statistical surveys that shall--
``(1) ensure that State marine recreational fisheries
statistical surveys are appropriately pilot tested,
independently peer reviewed, and endorsed for implementation by
the reviewers;
``(2) use designs consistent with accepted survey sampling
practices; and
``(3) minimize the potential for bias and known sources of
survey error.
``(c) Certification.--
``(1) In general.--The Secretary shall make a certification
or a denial of certification for any marine recreational
fisheries statistical survey submitted under subsection (a) not
later than the end of the 6-month period beginning on the date
that the survey and information needed to evaluate the survey
under the standards established under subsection (b) are
submitted.
``(2) Timing.--In the case of a certification request from
a Gulf State, the Secretary shall begin evaluation of the
request upon receipt of all information necessary to make a
determination consistent with the standards set forth under
subsection (b).
``(3) Deemed certified.--A marine recreational fisheries
statistical survey shall be deemed to be certified effective
upon the expiration of the 6-month period described in
paragraph (1) if the Secretary has not made a certification or
denial of certification.
``(d) Modification of Surveys Denied Certification.--
``(1) In general.--If a marine recreational fisheries
statistical survey of a Gulf State is denied certification
under subsection (c), the Secretary shall, not later than 60
days after the date of the denial, provide the Gulf State a
proposal for modifications to the survey.
``(2) Proposal.--A proposal provided to a Gulf State for a
survey under paragraph (1)--
``(A) shall be specific to the survey submitted by
such Gulf State and may not be construed to apply to
any other Gulf State;
``(B) shall require revision to the fewest possible
provisions of the survey; and
``(C) may not unduly burden the ability of such
Gulf State to revise the survey.
``(3) Modified survey.--
``(A) Authority to submit.--If a marine
recreational fisheries statistical survey of a Gulf
State was denied certification under subsection (c),
the Gulf State may modify the survey and submit the
modified survey to the Secretary for certification or
denial of certification.
``(B) Schedule.--The Secretary shall make a
certification or denial of certification for any
modified survey not later than the end of the 30-day
period beginning on the date the modified survey is
submitted.
``(C) Deemed certified.--A modified survey is
deemed to be certified effective upon the expiration of
the period described in subparagraph (B) if the
Secretary has not made a certification or denial of
certification.''.
(b) Clerical Amendment.--The table of contents in the first section
is amended by striking the item relating to section 407 and inserting
the following:
``Sec. 407. Certification of State surveys.''.
TITLE IV-- STRENGTHENING FISHING COMMUNITIES
SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISHERY RESOURCE
DISASTER.
Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating existing subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, of subparagraph (A)
(as designated by the amendment made by paragraph (1)); and
(3) by adding at the end the following:
``(B) The Secretary shall publish the estimated cost of recovery
from a fishery resource disaster no later than 30 days after the
Secretary makes the determination under subparagraph (A) with respect
to such disaster.''.
SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOVERNOR FOR DETERMINATION
REGARDING FISHERY RESOURCE DISASTER.
Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating
paragraphs (2) through (4) as paragraphs (3) through (5), and by
inserting after paragraph (1) the following:
``(2) The Secretary shall make a decision regarding a request from
a Governor under paragraph (1) within 90 days after receiving an
estimate of the economic impact of the fishery resource disaster from
the entity requesting the relief.''.
SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION.
Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended--
(1) by striking ``was no'' and inserting ``is no''; and
(2) by striking ``on August 1, 1996''.
SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED POLLOCK
FISHERY.
Section 210(e)(1) of the American Fisheries Act (title II of
division C of Public Law 105-277; 16 U.S.C. 1851 note) is amended to
read as follows:
``(1) Harvesting.--
``(A) Limitation.--No particular individual,
corporation, or other entity may harvest, through a
fishery cooperative or otherwise, a percentage of the
pollock available to be harvested in the directed
pollock fishery that exceeds the percentage established
for purposes of this paragraph by the North Pacific
Fishery Management Council.
``(B) Maximum percentage.--The percentage
established by the North Pacific Fishery Management
Council shall not exceed 24 percent of the pollock
available to be harvested in the directed pollock
fishery.''.
SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA.
Section 313 (16 U.S.C. 1862) is amended by adding at the end the
following:
``(k) Arctic Community Development Quota.--If the North Pacific
Fishery Management Council issues a fishery management plan for the
exclusive economic zone in the Arctic Ocean, or an amendment to the
Fishery Management Plan for Fish Resources of the Arctic Management
Area issued by such Council, that makes available to commercial
fishing, and establishes a sustainable harvest level, for any part of
such zone, the Council shall set aside not less than 10 percent of the
total allowable catch therein as a community development quota for
coastal villages located north and east of the Bering Strait.''.
SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST ALLOCATION.
(a) Reallocation.--Notwithstanding any other provision of law, each
year upon receipt by the Secretary of Commerce (referred to in this
section as the ``Secretary'') of written notice from the allocation
holder named in section 803 of division B of the Consolidated
Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) that
such holder will not harvest all or a part of the allocation authorized
pursuant to that Act, the Secretary shall reallocate for that year the
unused portion of such allocation to the Bering Sea subarea of the BSAI
(as defined in section 679.2 of title 50, Code of Federal Regulations)
and shall assign the reallocated unused portion of the allocation only
to eligible vessels as described in subsection (b)(1) for harvest in
the Bering Sea subarea of the BSAI, consistent with any agreements as
described in subsection (c).
(b) Eligibility to Receive Reallocation.--
(1) In general.--Only vessels defined in subsection (a),
(b), (c), or (e) of section 208 of the American Fisheries Act
(16 U.S.C. 1851 note), or any vessels authorized to replace
such vessels, may receive a reallocation described in
subsection (a).
(2) Limitation on reallocations.--The Secretary shall not
reallocate the allocation described in subsection (a) in any
year if such reallocation exceeds the annual catch limit for
pollock in the Bering Sea subarea of the BSAI.
(3) Calculations.--Any amount of the reallocation described
in subsection (a) shall not be used in the calculation of
harvesting or processing excessive shares as described in
section 210(e) of the American Fisheries Act (16 U.S.C. 1851
note).
(4) Conditions.--In any year, the assignment, transfer, or
reallocation shall not violate the requirements of section
206(b) of the American Fisheries Act (title II of the division
C of Public Law 105-277; 16 U.S.C. 1851 note).
(c) Agreements.--
(1) In general.--Each year, the allocation holder named in
section 803(a) of division B of the Consolidated Appropriations
Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) may
establish one or more agreements with the owners of some or all
of the eligible vessels as defined in subsection (b)(1).
(2) Requirements.--Each agreement described in paragraph
(1)--
(A) shall specify those eligible vessels that may
receive a reallocation and the amount of reallocation
that such vessels may receive in accordance with
subsection (b)(2); and
(B) may contain other requirements or compensation
agreed to by the allocation holder named in section 803
of division B of the Consolidated Appropriations Act,
2004 (Public Law 108-199, 16 U.S.C. 1851 note) and the
owners of such eligible vessels, provided such
requirements or compensation are otherwise consistent
with the American Fisheries Act (16 U.S.C. 1851 note),
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and any other
applicable law.
(d) Existing Authority.--Except for the measures required by this
section, nothing in this section shall be construed to limit the
authority of the North Pacific Fishery Management Council or the
Secretary under the American Fisheries Act (16 U.S.C. 1851 note), the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), or other applicable law.
(e) Enforcement.--Taking or processing any part of the allocation
made by section 803 of division B of the Consolidated Appropriations
Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note), and reallocated
under this section in a manner that is not consistent with the
reallocation authorized by the Secretary shall be considered in
violation of section 307 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1857) and subject to the penalties and
sanctions under section 308 of such Act (16 U.S.C. 1858), and subject
to the forfeiture of any fish harvested or processed.
(f) Clarifications.--
(1) Amendment.--Subsection (c) of section 803 of division B
of the Consolidated Appropriations Act, 2004 (Public Law 108-
199, 16 U.S.C. 1851 note) is amended by striking ``during the
years 2004 through 2008''.
(2) Purpose of reallocation.--Consistent with subsection
(d) of section 803 of division B of the Consolidated
Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851
note), the reallocation of the unused portion of the allocation
provided to the allocation holder named in subsection (a) of
such section for harvest in the Bering Sea subarea of the BSAI
is for the purposes of economic development in Adak, Alaska
pursuant to the requirements of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 407. COMMUNITY DEVELOPMENT QUOTA PROGRAM PANEL VOTING PROCEDURES.
Section 305(i)(1)(G)(iv) (16 U.S.C. 1855(i)(1)(G)(iv)) is amended
to read as follows:
``(iv) Voting requirement.--The panel may
act only by the affirmative vote of five of its
members.''.
SEC. 408. PROHIBITION ON SHARK FEEDING OFF COAST OF FLORIDA.
Section 307 (16 U.S.C. 1857) is amended--
(1) by striking ``It is unlawful--'' and inserting the
following:
``(a) In General.--It is unlawful--''; and
(2) by adding at the end the following:
``(b) Prohibition on Shark Feeding Off Coast of Florida.--
``(1) In general.--It is unlawful--
``(A) for any diver to engage in shark feeding in
covered waters; and
``(B) for any person to operate a vessel for hire
for the purpose of carrying a passenger to a site if
such person knew or should have known that the
passenger intended, at that site, to be a diver--
``(i) engaged in shark feeding in covered
waters; or
``(ii) engaged in observing shark feeding
in covered waters.
``(2) Definitions.--For purposes of this subsection:
``(A) Covered waters.--The term `covered waters'
means Federal waters off the coast of Florida.
``(B) Diver.--The term `diver' means a person who
is wholly or partially submerged in covered water and
is equipped with a face mask, face mask and snorkel, or
underwater breathing apparatus.
``(C) Shark feeding.--The term `shark feeding'
means--
``(i) the introduction of food or any other
substance into covered water for the purpose of
feeding or attracting sharks; or
``(ii) presenting food or any other
substance to a shark for the purpose of feeding
or attracting sharks.
``(3) Exception.--This subsection shall not apply to shark
feeding conducted--
``(A) by a research institution, university, or
government agency for research purposes; or
``(B) for the purpose of harvesting sharks.''.
SEC. 409. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT.
Section 3(10) (16 U.S.C. 1802) is amended--
(1) by inserting a comma after ``feeding''; and
(2) by inserting the following: ``except that such term--
``(A) does not include an area that--
``(i) was previously covered by land or a
fresh water environment; and
``(ii) is in a State where the average
annual land loss of such State during the 20
years before the date of the enactment of the
Strengthening Fishing Communities and
Increasing Flexibility in Fisheries Management
Act exceeds 10 square miles; and
``(B) does not apply with respect to a project
undertaken by a State or local government with the
purpose of restoration or protection of an area
described in subparagraph (A).''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. MITIGATION FOR IMPACTS TO SUBMERGED AQUATIC VEGETATION.
Requirements to conserve or to provide compensatory mitigation for
impacts to submerged aquatic vegetation under section 305(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1855(b)) shall not apply when a non-Federal entity conducts maintenance
dredging for an authorized Federal navigation project on an inland
waterway, inlet, or harbor located in North Carolina, South Carolina,
Georgia, or Florida pursuant to a permit issued under section 404 of
the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10
of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 1151, chapter
425).
SEC. 502. REPORT ON LIMITED ACCESS PRIVILEGE PROGRAMS AND CONFLICTS OF
INTEREST WITH RESPECT TO GULF OF MEXICO AND SOUTH
ATLANTIC OCEAN RED SNAPPER.
(a) Study.--No later than 90 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Congress a report on--
(1) the resource rent of limited access privilege programs
for red snapper in the Gulf of Mexico and the South Atlantic
Ocean;
(2) how to reclaim resource rent for red snapper in the
Gulf of Mexico and the South Atlantic Ocean as revenue to the
United States Treasury; and
(3) the fiduciary conflicts of interest in the Gulf of
Mexico Fishery Management Council and the South Atlantic
Fishery Management Council relating to red snapper, and
effective ways to eliminate such conflicts.
(b) Limitation.--In implementing this section the Comptroller
General shall not consider--
(1) fisheries programs in any region other than the Gulf of
Mexico and the South Atlantic Ocean; and
(2) fisheries management programs for species other than
red snapper.
SEC. 503. PLAN FOR ELECTRONIC MONITORING AND REPORTING PROCEDURES FOR
THE NORTHEAST MULTISPECIES FISHERY.
The Secretary, acting through the National Oceanic and Atmospheric
Administration, shall submit a plan to the Committee on Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not less than 180
days after the date of the enactment of this Act that will establish
fully operational electronic monitoring and reporting procedures for
the Northeast Multispecies Fishery by not later than September 30,
2021. The plan shall include the proposal of the National Oceanic and
Atmospheric Administration to cover vessel equipment and installation
costs, with daily, half-day, or quarter-day operational costs to be
borne by the fishing vessels.
SEC. 504. STUDY OF FEES CHARGED TO LOBSTER FISHING INDUSTRY.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Commerce, acting through the National Oceanic and
Atmospheric Administration, shall study and report to the Congress on
all fees imposed by such Administration on the lobster fishing
industry.
SEC. 505. LIMITATION ON APPLICATION OF PROHIBITION ON ATLANTIC STRIPED
BASS FISHING IN BLOCK ISLAND SOUND TRANSIT ZONE.
Any prohibition on fishing for Atlantic striped bass in the
Exclusive Economic Zone of the United States imposed under Executive
Order No. 13449 or section 697.7(b) of title 50, Code of Federal
Regulations, shall not apply in the area described in section
697.7(b)(3) of title 50, Code of Federal Regulations, commonly referred
to as the Block Island Sound transit zone.
SEC. 506. FUNDING FOR MONITORING IMPLEMENTATION OF NORTHEAST
MULTISPECIES FISHERY MANAGEMENT PLAN.
Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking
``pursuant to this section'' and all that follows through the end of
the sentence and inserting ``to enforce and monitor (including
electronic monitoring) implementation of that Plan.''.
TITLE VI--REEF ASSASSIN ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Reef Assassin Act''.
SEC. 602. ENCOURAGING ELIMINATION OF LIONFISH.
(a) In General.--Title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by
adding at the end the following:
``SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH.
``(a) In General.--Subject to the approval of an exempted fishing
permit submitted by a participating State, the Secretary shall issue
regulations under which a participating State may issue to an
individual submitting lionfish taken in Federal or State waters a tag
authorizing the taking of a fish of a covered species in Federal waters
in addition to any other fish of that species the individual is
authorized to take in Federal waters.
``(b) Requirements for Issuance of Tag.--The regulations shall
require--
``(1) the submission of 100 lionfish for each tag issued;
``(2) that lionfish taken in State waters must be taken by
an individual holding a valid license to engage in such fishing
issued under the laws of such State; and
``(3) that each lionfish shall be submitted by removing the
tail, placing it in a resealable plastic bag, and submitting
such bag to a participating State before the tail has
significantly deteriorated.
``(c) No Limitation on Number of Tags.--The regulations shall not
limit the number of tags that may be issued to an individual.
``(d) Use of Tags.--The regulations shall provide that a tag issued
under the regulations--
``(1) shall be valid for the 5-year period beginning on the
date it is issued;
``(2) shall authorize only the recreational or commercial
taking of a fish that complies with any size limit that
otherwise applies to fishing for such fish in the waters in
which it is taken;
``(3) shall authorize such taking without regard to any
seasonal limitation that otherwise applies to the species of
fish taken;
``(4) shall authorize--
``(A) the transfer of tags to any other person; and
``(B) use of transferred tags in the same manner as
such tags may be used by the person to whom the tags
were issued;
``(5) shall require that any fish taken under such tag
outside any seasonal limitation that otherwise applies to such
fish must have the tag fastened between the mouth and gill
before being placed in any cooler; and
``(6) shall only be utilized for species caught in the same
water adjacent a State where the lionfish were originally
caught.
``(e) Approval of State To Participate.--
``(1) Conditions.--The regulations shall require that as a
condition of approving a State to issue tags under this section
the Secretary shall require the State to designate a repository
for lionfish submitted for such tags.
``(2) Provision of freezer.--The Secretary shall provide to
each participating State freezers in which to store submitted
lionfish, at a cost of not more than $500 for each freezer.
``(f) Additional Requirements.--The Secretary shall--
``(1) encourage participating States to use existing
infrastructure and staff or volunteers to conduct the State's
program under this section;
``(2) include on the webpage of the National Marine
Fisheries Service information about the program under this
section; and
``(3) encourage State and local governments to work with
retailers and distributors to advance the purchasing and
consumption of lionfish.
``(g) Other Provisions Not Affected.--
``(1) In general.--This section--
``(A) is intended to protect species of fish that
are native to waters of the United States or the
exclusive economic zone; and
``(B) shall not be construed to constrain any
fishery, fishing quota, or fishing allocation.
``(2) Limitation on consideration of tags.--This section
and tags issued or authorized to be issued under this section
shall not be considered in any determination of fishing levels,
quotas, or allocations.
``(h) Definition.--In this section--
``(1) the term `covered fish'--
``(A) except as provided in subparagraph (B), means
red snapper, gag grouper, triggerfish, amberjack; and
``(B) does not include any species included in a
list of endangered species or threatened species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
``(2) the term `participating State' means a State that has
applied and been approved by the Secretary to issue tags under
regulations under this section.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end of the items relating to
title III the following:
``Sec. 301. Encouraging elimination of lionfish.''.
(c) Deadline for Regulations.--The Secretary of Commerce shall
issue regulations under the amendment made by subsection (a) by not
later than 60 days after the approval of an exempted fishing permit
submitted by a participating State.
(d) Restriction.--Nothing in section 321 shall be construed as to
allow for the transfer of fisheries allocation or catch among the
various States.
Passed the House of Representatives July 11, 2018.
Attest:
Clerk.
115th CONGRESS
2d Session
H. R. 200
_______________________________________________________________________
AN ACT
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide flexibility for fishery managers and stability for
fishermen, and for other purposes.