[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3331 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3331
To provide for an equitable management of summer flounder based on
geographic, scientific, and economic data and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2018
Mr. Schumer (for himself and Mrs. Gillibrand) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide for an equitable management of summer flounder based on
geographic, scientific, and economic data 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 ``Fluke Fairness Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Summer flounder is an important economic fish stock for
commercial and recreational fishermen across the Northeast and
Mid-Atlantic United States.
(2) The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) was reauthorized in
2006 and instituted annual catch limits and accountability
measures for important fish stocks.
(3) That reauthorization prompted fishery managers to look
at alternate management schemes to rebuild depleted stocks like
summer flounder.
(4) Summer flounder occur in both State and Federal waters
and are managed through a joint fishery management plan between
the Council and the Commission.
(5) The Council and the Commission decided that each
State's recreational and commercial harvest limits for summer
flounder would be based upon landings in previous years.
(6) These historical landings were based on flawed data
sets that no longer provide fairness or flexibility for
fisheries managers to allocate resources based on the best
science.
(7) This allocation mechanism resulted in an uneven split
among the States along the East Coast which is problematic.
(8) The fishery management plan for summer flounder does
not account for regional changes in the location of the fluke
stock even though the stock has moved further to the north and
changes in effort by anglers along the East Coast.
(9) The States have been locked in a management system
based on data that occurred over a decade ago and the summer
flounder stock is not being managed using the best available
science and modern fishery management techniques.
(10) It is in the interest of the Federal Government to
establish a new fishery management plan for summer flounder
that is based on current geographic, scientific, and economic
realities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Atlantic
States Marine Fisheries Commission.
(2) Council.--The term ``Council'' means the Mid-Atlantic
Fishery Management Council established under section 302(a) of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852(a)).
(3) National standards.--The term ``National Standards''
means the national standards for fishery conservation and
management set out in section 301(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1851(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Summer flounder.--The term ``summer flounder'' means
the species Paralichthys dentatus.
SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.
(a) Fishery Management Plan Modification.--Not later than 1 year
after the date of enactment of this Act, the Council shall submit to
the Secretary, and the Secretary may approve, a modified fishery
management plan for the commercial and recreational management of
summer flounder under title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.) or an
amendment to such plan that--
(1) shall be based on the best scientific information
available;
(2) reflects changes in the distribution, abundance, and
location of summer flounder in establishing distribution of the
commercial and recreational catch quotas;
(3) considers regional, coastwide, or other management
measures for summer flounder that comply with the National
Standards; and
(4) prohibits the allocation of commercial or recreational
catch quotas for summer flounder on a State-by-State basis
using historical landings data that does not reflect the status
of the summer flounder stock, based on the most recent
scientific information.
(b) Consultation With the Commission.--In preparing the modified
fishery management plan or an amendment to such a plan as described in
subsection (a), the Council shall consult with the Commission to ensure
consistent management throughout the range of the summer flounder.
(c) Failure To Submit Plan.--If the Council fails to submit a
modified fishery management plan or an amendment to such a plan as
described in subsection (a) that may be approved by the Secretary, the
Secretary shall prepare and approve such a modified plan or amendment.
SEC. 5. REPORT.
Not later than 1 year after the date of the approval under section
4 of a modified fishery management plan for the commercial and
recreational management of summer flounder or an amendment to such
plan, the Comptroller General of the United States shall submit to
Congress a report on the implementation of such modified plan or
amendment that includes an assessment of whether such implementation
complies with the National Standards.
<all>