[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 200 Reported in House (RH)]
<DOC>
Union Calendar No. 591
115th CONGRESS
2d Session
H. R. 200
[Report No. 115-758]
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide flexibility for fishery managers and stability for
fishermen, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2017
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Natural Resources
June 19, 2018
Additional sponsors: Mr. Graves of Louisiana, Mr. Babin, Mr. Higgins of
Louisiana, Mr. Gene Green of Texas, Mr. Wittman, Mr. Zeldin, Mr.
Grothman, Mr. King of Iowa, Mr. Duncan of South Carolina, Mr. Austin
Scott of Georgia, and Mr. Veasey
June 19, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
3, 2017]
_______________________________________________________________________
A BILL
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.
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. Gulf of Mexico fisheries cooperative research and red snapper
management.
Sec. 307. Ensuring consistent management for fisheries throughout their
range.
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. Prohibition on shark feeding off coast of Florida.
Sec. 408. Restoration of historically freshwater environment.
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-used 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`including'
``(B) annual catch limits for each year in any
continuous period that is not more than three 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 may, at the request of
the New England Fishery Management Council,
allow participation in such a referendum for a
fishery under the Council's authority, by
fishing vessel crewmembers who derive a
significant portion of their livelihood from
such fishing.
``(iii) 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.
``(iv) 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.
``(v) 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-used 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) Deadline.--The Secretary of Commerce shall develop and publish
guidelines under the amendment made by paragraph (a) by not later than
1 year after the date of 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.
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).''.
(c) Fishery Impact Statements.--
(1) Requirement.--Section 303 (16 U.S.C. 1853) is amended--
(A) in subsection (a), by striking paragraph (9)
and redesignating paragraphs (10) through (15) as
paragraphs (9) through (14), respectively; and
(B) by adding at the end the following:
``(d) Fishery Impact Statement.--
``(1) Any fishery management plan (or fishery management
plan amendment) prepared by any Council or by the Secretary
pursuant to subsection (a) or (b), or proposed regulations
deemed necessary pursuant to subsection (c), shall include a
fishery impact statement which shall assess, specify and
analyze the likely effects and impact of the proposed action on
the quality of the human environment.
``(2) The fishery impact statement shall describe--
``(A) a purpose of the proposed action;
``(B) the environmental impact of the proposed
action;
``(C) any adverse environmental effects which
cannot be avoided should the proposed action be
implemented;
``(D) a reasonable range of alternatives to the
proposed action;
``(E) the relationship between short-term use of
fishery resources and the enhancement of long-term
productivity;
``(F) the cumulative conservation and management
effects; and
``(G) economic, and social impacts of the proposed
action on--
``(i) participants in the fisheries and
fishing communities affected by the proposed
action;
``(ii) participants in the fisheries
conducted in adjacent areas under the authority
of another Council, after consultation with
such Council and representatives of those
participants; and
``(iii) the safety of human life at sea,
including whether and to what extent such
measures may affect the safety of participants
in the fishery.
``(3) A substantially complete fishery impact statement,
which may be in draft form, shall be available not less than 14
days before the beginning of the meeting at which a Council
makes its final decision on the proposal (for plans, plan
amendments, or proposed regulations prepared by a Council
pursuant to subsection (a) or (c)). Availability of this
fishery impact statement will be announced by the methods used
by the Council to disseminate public information and the public
and relevant government agencies will be invited to comment on
the fishery impact statement.
``(4) The completed fishery impact statement shall
accompany the transmittal of a fishery management plan or plan
amendment as specified in section 304(a), as well as the
transmittal of proposed regulations as specified in section
(b).
``(5) The Councils shall, subject to approval by the
Secretary, establish criteria to determine actions or classes
of action of minor significance regarding subparagraphs (A),
(B), (D), (E), and (F) of paragraph (2), for which preparation
of a fishery impact statement is unnecessary and categorically
excluded from the requirements of this section, and the
documentation required to establish the exclusion.
``(6) The Councils shall, subject to approval by the
Secretary, prepare procedures for compliance with this section
that provide for timely, clear, and concise analysis that is
useful to decisionmakers and the public, reduce extraneous
paperwork and effectively involve the public, including--
``(A) using Council meetings to determine the scope
of issues to be addressed and identifying significant
issues related to the proposed action;
``(B) integration of the fishery impact statement
development process with preliminary and final Council
decision making in a manner that provides opportunity
for comment from the public and relevant government
agencies prior to these decision points; and
``(C) providing scientific, technical, and legal
advice at an early stage of the development of the
fishery impact statement to ensure timely transmittal
and Secretarial review of the proposed fishery
management plan, plan amendment, or regulations to the
Secretary.''.
(2) Evaluation of adequacy.--Section 304(a)(2) (16 U.S.C.
1854(a)(2)) is amended by striking ``and'' after the semicolon
at the end of subparagraph (B), striking the period at the end
of subparagraph (C) and inserting ``; and'', and by adding at
the end the following:
``(D) evaluate the adequacy of the accompanying
fishery impact statement as basis for fully considering
the environmental impacts of implementing the fishery
management plan or plan amendment.''.
(3) Review of regulations.--Section 304(b) (16 U.S.C.
1854(b)) is amended by striking so much as precedes
subparagraph (A) of paragraph (1) and inserting the following:
``(b) Review of Regulations.--
``(1) Upon transmittal by the Council to the Secretary of
proposed regulations prepared under section 303(c), the
Secretary shall immediately initiate an evaluation of the
proposed regulations to determine whether they are consistent
with the fishery management plan, plan amendment, this Act and
other applicable law. The Secretary shall also immediately
initiate an evaluation of the accompanying fishery impact
statement as a basis for fully considering the environmental
impacts of implementing the proposed regulations. Within 15
days of initiating such evaluation the Secretary shall make a
determination and--''.
(4) Effect on time requirements.--Section 305(e) (16 U.S.C.
1855(e)) is amended by inserting ``the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.
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) In General.--Before 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 Secretary of Commerce
shall--
(1) direct a joint peer review of the application for the
exempted fishing permit by the appropriate regional fisheries
science center and State marine fisheries commission; and
(2) certify that the Council or Federal agency with
jurisdiction over the affected fishery has determined that--
(A) the fishing activity to be conducted under the
proposed exempted fishing permit would not negatively
impact any management measures or conservation
objectives included within existing fishery management
plans or plan amendments;
(B) the social and economic impacts in both dollar
amounts and loss of fishing opportunities on all
participants in each sector of the fishery expected to
occur as a result of the proposed exempted fishing
permit would be minimal;
(C) the information that would be collected through
the fishing activity to be conducted under the proposed
exempted fishing permit will have a positive and direct
impact on the conservation, assessment, or management
of the fishery; and
(D) the Governor of each coastal State potentially
impacted by the proposed exempted fishing permit, as
determined by the Secretary, has been consulted on the
fishing activity to be conducted.
(b) 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.
(c) Savings Provision.--Except for subsection (b)(2), 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 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 one 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. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND RED SNAPPER
MANAGEMENT.
(a) Federal Gulf of Mexico Red Snapper Management.--Section 407 (16
U.S.C. 1883) is amended by striking all after the section heading and
inserting the following:
``(a) Certification of State Surveys.--
``(1) Inclusion of certified state surveys.--In
establishing the acceptable biological catch and total
allowable catch for red snapper in the Gulf of Mexico, the
Secretary shall include--
``(A) Gulf State recreational fisheries surveys
that are certified under subsection (b); and
``(B) data related to red snapper in the Gulf of
Mexico collected by the Gulf States Marine Fisheries
Commission, nongovernmental organizations, and other
nongovernmental sources, including universities and
research institutions.
``(b) State Surveys.--
``(1) Submission.--A Gulf State that conducts a
recreational fisheries 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.
``(2) Certification.--
``(A) In general.--The Secretary shall make a
certification or a denial of certification for any
survey submitted under paragraph (1) not later than the
end of the 6-month period beginning on the date the
survey is submitted.
``(B) Deemed certified.--A recreational fisheries
survey is deemed to be certified effective upon the
expiration of such period if the Secretary has not made
a certification or denial of certification.
``(3) Modification of surveys denied certification.--
``(A) In general.--If a survey of a Gulf State is
denied certification under paragraph (2), 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.
``(B) Proposal.--A proposal provided to a Gulf
State for a survey under subparagraph (A)--
``(i) shall be specific to the survey
submitted by such Gulf State and may not be
construed to apply to any other Gulf State;
``(ii) shall require revision to the fewest
possible provisions of the survey; and
``(iii) may not unduly burden the ability
of such Gulf State to revise the survey.
``(C) Modified survey.--
``(i) Authority to submit.--If a survey of
a Gulf State was denied certification under
paragraph (2), the Gulf State may modify the
survey and submit the modified survey to the
Secretary for certification or denial of
certification.
``(ii) 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.
``(iii) Deemed certified.--A modified
survey is deemed to be certified effective upon
the expiration of the period described in
clause (ii) if the Secretary has not made a
certification or denial of certification.
``(c) Definitions.--In this section:
``(1) Gulf state.--The term `Gulf State' means each of the
States of Texas, Louisiana, Mississippi, Alabama, or Florida.
``(2) Red snapper.--The term `red snapper' means the
species Lutjanus campechanus.''.
(b) Stock Surveys and Stock Assessments.--The Secretary of
Commerce, acting through the National Marine Fisheries Service Regional
Administrator of the Southeast Regional Office, shall for purposes of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.)--
(1) develop a schedule of stock surveys and stock
assessments for the Gulf of Mexico Region and the South
Atlantic Region for the 5-year period beginning on the date of
the enactment of this Act and for every 5-year period
thereafter;
(2) direct the Southeast Science Center Director to
implement such schedule; and
(3) in such development and implementation--
(A) give priority to those stocks that are
commercially or recreationally important; and
(B) ensure that each such important stock is
surveyed at least every 5 years.
(c) Use of Fisheries Information in Stock Assessments.--The
Southeast Science Center Director shall ensure that fisheries
information made available through fisheries programs funded under
Public Law 112-141 is incorporated as soon as possible into any
fisheries stock asessments conducted after the date of the enactment of
this Act.
(d) State Fisheries Management in the Gulf of Mexico With Respect
to Red Snapper.--Section 306(b) (16 U.S.C. 1856(b)) is amended by
adding at the end the following:
``(4) Notwithstanding section 3(11), for the purposes of
managing the recreational sector of the Gulf of Mexico red
snapper fishery, the seaward boundary of a coastal State in the
Gulf of Mexico is a line 9 miles seaward from the baseline from
which the territorial sea of the United States is measured.''.
SEC. 307. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES THROUGHOUT THEIR
RANGE.
(a) In General.--The Act is amended by inserting after section 4
the following:
``SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER CERTAIN OTHER
FEDERAL LAWS.
``(a) National Marine Sanctuaries Act and Antiquities Act of.--In
any case of a conflict between this Act and the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) or the Antiquities Act of 1906
(54 U.S.C. 320301 et seq.), this Act shall control.
``(b) Fisheries Restrictions Under Endangered Species Act of.--To
ensure transparency and consistent management of fisheries throughout
their range, any restriction on the management of fish in the exclusive
economic zone that is necessary to implement a recovery plan under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be
implemented--
``(1) using authority under this Act; and
``(2) in accordance with processes and time schedules
required under this Act.''.
(b) Clerical Amendment.--The table of contents in the first section
is amended by inserting after the item relating to section 3 the
following:
``Sec. 4. Authorization of appropriations.
``Sec. 5. Ensuring consistent fisheries management under certain other
Federal laws.''.
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.--
(1) In general.--Effective January 1, 2018, and thereafter
annually, if the Regional Administrator receives receipt of
written notice that the allocation holder named in section 803
of the Consolidated Appropriations Act, 2004 (Public Law 108-
199, 16 U.S.C. 1851 note), will not harvest some or all of the
Aleutian Islands directed pollock, the Regional Administrator,
as soon as practicable, shall--
(A) if the allocation as designated in section 803
of the Consolidated Appropriations Act, 2004 does not
exceed the total allowable catch for the Bering Sea
subarea, reallocate the projected unused Aleutian
Islands directed pollock to the Bering Sea subarea for
harvest by the allocation holder named in section 803
of the Consolidated Appropriations Act, 2004; or
(B) if the allocation exceeds the total allowable
catch for the Bering Sea subarea, reallocate a portion
of the allocation, up to the total allowable catch for
the Bering Sea Subarea.
(2) The allocation shall be provided to the Aleut
Corporation for the purposes of economic development in Adak,
Alaska, pursuant to the requirement of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(b) Implementation.--For the purposes of this section:
(1) the allocation holder described in subsection (a) shall
retain control of the allocation referenced in such subsection,
including such portions of the allocation that may be
reallocated pursuant to this section; and
(2) the allocations in section 206(b) of the American
Fisheries Act (16 U.S.C. 1851 note) apply to the Bering Sea
portion of the directed pollock fishery and not to the
allocation holder under section 803 of the Consolidated
Appropriations Act, 2004.
(c) Consent Requirement.--The Aleut Corporation will provide
written consent for other vessels to take or process the allocation, a
physical copy of which must be present on the vessel.
(d) Revision of Regulations and Management Plans.--
(1) In general.--The North Pacific Fishery Management
Council, in consultation with the National Marine Fisheries
Service, shall modify all applicable regulations and management
plans so that the allocation holder named in section 803 of the
Consolidated Appropriations Act, 2004, may harvest the
reallocated Aleutian Islands directed pollock fishery in the
Bering Sea subarea as soon as practicable.
(2) Management of allocation.--The National Marine
Fisheries Service, in consultation with the North Pacific
Fishery Management Council, shall manage the Aleutian Islands
directed pollock fishery to ensure compliance with the
implementing statute and with the annual harvest
specifications.
(3) Enforcement.--Taking or processing any part of the
allocation made by section 803 of the Consolidated
Appropriations Act, 2004, and reallocated under this section
without the consent required under subsection (c) 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 any fish harvested or processed
under such taking or possessing shall be subject to forfeiture.
SEC. 407. 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. 408. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT.
Section 3(10) (16 U.S.C. 1802) is amended by inserting ``, except
that such term shall not include any area previously covered by land or
a fresh water environment 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'' after ``maturity''.
Union Calendar No. 591
115th CONGRESS
2d Session
H. R. 200
[Report No. 115-758]
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide flexibility for fishery managers and stability for
fishermen, and for other purposes.
_______________________________________________________________________
June 19, 2018
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed