[House Report 115-758]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-758
======================================================================
STRENGTHENING FISHING COMMUNITIES AND INCREASING FLEXIBILITY IN
FISHERIES MANAGEMENT ACT
_______
June 19, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 200]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 200) to amend the Magnuson-Stevens Fishery
Conservation and Management Act to provide flexibility for
fishery managers and stability for fishermen, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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''.
PURPOSE OF THE BILL
The purpose of H.R. 200 is to amend the Magnuson-Stevens
Fishery Conservation and Management Act to provide flexibility
for fishery managers and stability for fishermen.
BACKGROUND AND NEED FOR LEGISLATION
In 2015, commercial and recreational saltwater fisheries
supported 1.6 million U.S. jobs.\1\ Commercial and recreational
fisheries combined generated upwards of $208 billion in sales
impact, and nearly $97 billion in value-added impacts to the
U.S. economy.\2\
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\1\Department of Commerce: Fisheries Economics of the United States
2015, May 2017, p. 6.
\2\Id at 2.
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The Magnuson-Stevens Fishery and Conservation Management
Act of 1976 (MSA, 16 U.S.C. 1801 et seq.) is the primary law
governing fisheries resources and fishing activities in federal
waters. The Secretary of Commerce, working through the National
Oceanic and Atmospheric Administration (NOAA), enforces the
MSA.
The original MSA created eight Councils charged with
implementing the goals of MSA, in coordination with NOAA.\3\
This process of managing fisheries is accomplished through
Council-based Fisheries Management Plans (FMPs) for each
fishery. FMPs require scientific stock assessments of the
fishery. Following the Council's development of an FMP, the
Council forwards the plan to the Commerce Secretary for
approval. If the plan is approved, the National Marine
Fisheries Service (NMFS) within NOAA must then issue
regulations to implement a plan.\4\
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\3\http://www.nmfs.noaa.gov/sfa/management/councils/.
\4\http://www.fisherycouncils.org/.
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Congress reauthorized MSA in 1996\5\ and 2006.\6\ According
to some, NOAA added layers of precaution in its implementation
of the 2006 amendments with regard both to scientific and
management uncertainty.\7\ In a July 2017 hearing, the
Subcommittee on Water, Power and Oceans explored the successes
and challenges of implementing MSA since the 2006 amendments.
Mr. Nick Wiley, Executive Director of the Florida Fish and
Wildlife Conservation Commission, testified that ``[t]he
requirements to manage fisheries under strict annual catch
limits, the overly prescriptive constraints for stock
rebuilding plans, and general inflexibility within the current
version of the law have hindered management of fish stocks in
the South Atlantic and Gulf of Mexico. This inflexibility has
fostered a serious erosion of public confidence, trust, and
support for this fishery management system.''\8\
---------------------------------------------------------------------------
\5\P.L. 104-297.
\6\P.L. 109-479.
\7\Testimony of Mr. Richard Robins, Jr. before the House Committee
on Natural Resources, September 11, 2013.
\8\Testimony of Mr. Nick Wiley before the House Committee on
Natural Resources, July 19, 2017.
---------------------------------------------------------------------------
H.R. 200 would improve the management process by affording
regional fisheries managers the flexibility to manage stocks
effectively and to better tailor management plans to the needs
of their regions.
SECTION-BY-SECTION ANALYSIS OF H.R. 200, AS REPORTED
Section 1. Short title
This section provides the short title for the bill, the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act.
Section 2. Table of contents
This section provides a table of contents for the bill.
Section 3. Definitions
This section indicates that defined terms under the MSA has
the same meaning under this bill.
Section 4. References
This section indicates that generally an amendment or
repeal under this Act shall be considered an amendment or
repeal of a provision of the MSA.
Title I--MAGNUSON-STEVENS ACT AMENDMENTS AND REAUTHORIZATION
Sec. 101. Amendments to definitions
This section provides a definition of ``depleted'' and
''subsistence fishing'' and replaces ``overfished'' with
``depleted''.
Section 102. Authorization of appropriations
This section extends the most current authorization levels
for MSA from fiscal year 2018 through 2022.
Title II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION
Section 201. Definitions
This section provides definitions of ``appropriate
committees of Congress'', ``limited access privilege program'',
and ``mixed-use fishery''.
Section 202. Process for allocating review for South Atlantic and Gulf
of Mexico mixed-use fisheries
This section instructs the Secretary of Commerce to seek to
enter into an agreement with the National Academy of Sciences
(NAS) to conduct a study of the South Atlantic and Gulf of
Mexico mixed-use fisheries. Specifically, this study would
examine the allocation of harvestable quota for each sector of
a given fishery. The Secretary and NAS would then provide
guidance to the South Atlantic and Gulf of Mexico Fishery
Management Councils on the findings of the study.
Section 203. Alternative fishery management measures
This section gives NOAA the authority to use alternative
fishery management measures, such as factors applicable to the
recreational fishermen (i.e. recreational fishermen don't have
by-catch) when setting management plans for recreational
fisheries, or recreational sectors of a mixed-use fishery.
Section 204. Modification to the Annual Catch Limit requirement
This section gives Councils the flexibility they need to
develop fishery management plans that are tailored to regional
needs by allowing Councils to consider changes in the ecosystem
and the economic needs of the fishing communities when setting
Annual Catch Limits (ACLs). This will allow flexibility but not
allow Councils to set ACLs at a level that allows overfishing.
This section also adds a new exception to the requirement that
Councils set an ACL for ``ecosystem component species''--those
species of fish that are not targeted and are caught
incidentally if that stock of fish is not subject to
overfishing and is not likely to become subject to overfishing.
It also provides an exemption for those short-lived stocks of
fish for which a single year class will complete their
lifecycle in less than eighteen months if fishing mortality
will have little impact on the stock.
Section 205. Limitation on future catch share programs
This section aims to integrate stakeholders into fisheries
management by creating a pilot project prohibiting the New
England, Mid-Atlantic, South Atlantic, and Gulf of Mexico
Fishery Management Councils from implementing any new catch
share program unless it has been approved by an industry
referendum vote. Any federal permit holder who has fished in at
least three of the five years preceding the referendum--unless
sickness, injury or other unavoidable hardship prevented the
permit holder from fishing--would be eligible to vote in the
referendum. Prior to any such referendum vote, the Secretary of
Commerce would be required to provide all eligible permit
holders with a copy of the proposed program, an estimate of the
costs of the program (including the costs to participants), and
an estimate of the amount of fish or percentage of the quota
each permit holder would be allocated. Outside of the four
Councils referenced above, this section prevents the Secretary
from implementing a catch share program for any federally
managed fishery unless first petitioned by a majority of those
eligible to participate in the fishery.
Section 206. Study of limited access privilege programs for mixed-use
fisheries
Limited access privilege programs, while effective in many
commercial fisheries, have created challenges in fisheries with
heavy commercial and recreational components. This section
commissions a study on the effectiveness of limited access
privilege programs in managing mixed-use fisheries and
recommending policies to address any challenges the report
identifies with this management structure in mixed-use
fisheries. This provision further places a moratorium on the
establishment of new limited access privilege programs for
mixed-use fisheries until the report is submitted to Congress.
Section 207. Cooperative data collection
This section requires the Secretary of Commerce, in
consultation with the science and statistical committees of the
Councils, to submit a report to Congress on facilitating
greater incorporation of data, analysis, stock assessments, and
surveys from State agencies and nongovernmental sources such as
fishermen, fishing communities and research institutions.
Cooperative data collection will help improve the accuracy of
fish stock information and data collection and analysis by
incorporating data collected by fishermen themselves into
fisheries management decisions.
Section 208. Recreational fishing data
According to a recent NOAA report, roughly twelve million
recreational anglers took saltwater fishing trips in the U.S.
annually from 2003-2012.\9\ An industry that supported 381,000
American jobs in 2012,\10\ the recreational saltwater fishing
industry is a significant economic player. To address the
growth of this industry, H.R. 200 takes several steps to
improve the collection of recreational fishing data to improve
management and ensure maximum access to our marine resources by
the recreational industry.
---------------------------------------------------------------------------
\9\Fisheries Economics of the United States 2012--Department of
Commerce, Feb. 2014, p. 10.
\10\Id, p. 8.
---------------------------------------------------------------------------
This section specifically: 1) requires the Secretary of
Commerce to establish partnerships with States to develop best
practices for implementing State recreational fisheries
programs and to develop guidance that detail best practices for
administering State programs; 2) requires a grant program to
States to improve implementation of State recreational data
collection programs and requires the Secretary to prioritize
the grants based on the ability of the grant to improve the
quality and accuracy of the data collection programs; and 3)
requires the Secretary to enter into an agreement with the
National Research Council (NRC) to study the implementation of
the existing recreational data collection programs. The study
must provide an updated assessment of recreational survey
methods, an evaluation of the extent to which the 2006 NRC's
recommendations have been implemented, and an examination of
any limitations on the previous and current NOAA recreational
data collection programs.
Section 209. Miscellaneous amendments relating to Fishery Management
Councils
To address unique management hurdles for fisheries that
occur within multiple Fishery Management Councils, this section
establishes a ``liaison'' for each of the New England and Mid-
Atlantic Councils to ensure continuity of management between
the Councils on shared stocks. In addition, it requires the
Governor of Alaska, when submitting nominations for the North
Pacific Fishery Management Council, to consult with subsistence
interests of the State. The section also adds the knowledge of
subsistence fishing as a qualification that could be required
of Council appointees.
This section works to ensure that fishermen are not
adversely impacted by red snapper mortality outside of their
control. This section prohibits the Secretary of Commerce from
counting red snapper mortality that is a result of the removal
of offshore oil rigs against the total allowable catch of that
fish and from counting those fish toward the quota for U.S.
fishermen for the purposes of closing the fishery when the
quota has been reached.
Illegal, Unreported, and Unregulated fishing is an
international problem with significant domestic impacts. This
section also prohibits the Secretary of Commerce from counting
any fish seized from a foreign vessel engaging in illegal
fishing in the U.S. Exclusive Economic Zone against the total
allowable catch for U.S. fishermen.
Title III--HEALTHY FISHERIES THROUGH BETTER SCIENCE
Section 301. Healthy fisheries through better science
This section requires the Secretary of Commerce to develop
and publish a plan to conduct stock assessments for all stocks
of fish for which a fishery management plan is in effect. Such
plans must be developed and published on the same schedule as
required for the fisheries research strategic plan. A stock
assessment is not required for a stock of fish in the plan if
the Secretary of Commerce determines that the assessment is not
necessary and justifies the determination in the Federal
Register notice.
Additionally, this section instructs the Secretary of
Commerce to develop and publish guidelines to incorporate data,
analysis, and stock assessments from nongovernmental sources
into fisheries management decisions and to establish a registry
of information providers.
Section 302. Transparency and public process
Transparency and public oversight are key to ensuring that
NMFS manages our nation's fisheries to the benefit of the
stocks and our fishermen. This section works to improve
transparency in NMFS science and management by requiring
Scientific and Statistical Committees (SSCs) develop the
scientific advice provided to the Councils in a transparent
manner and to allow for public involvement in the process. This
section also requires that each Council, to the extent
practicable, provide a webcast, audio recording, or live
broadcast of each Council meeting. This section also requires
audio, video, searchable audio or written transcript for each
Council and SSC meeting on the Council's website not more than
30 days after the conclusion of the meeting.
This section also includes a directive for Councils to
create a fishery impact statement to coordinate the Council
process with existing NEPA requirements.
Section 303. Flexibility in rebuilding fish stocks
This section would improve fisheries science by basing fish
stock rebuilding timeframes on such stock's biology rather than
on an arbitrary, one-size-fits-all deadline. This section
specifically: 1) removes the language requiring a 10-year time
frame for rebuilding overfished/depleted fisheries and replaces
it with a requirement that the rebuilding timeframe be the time
it would take for the fishery to rebuild without any fishing
occurring plus one mean generation time; 2) allows Councils to
phase in rebuilding plans for highly dynamic fisheries over a
three-year period to lessen the economic harm to fishing
communities; 3) replaces the term ``possible'' with
``practicable'' in the requirement that rebuilding period ``be
as short as possible''; and 4) allows Councils to take into
account environmental conditions and predator/prey
relationships when developing rebuilding plans.
Section 304. Exempted fishing permits
Exempted fishing permits (EFPs) can be used to facilitate
fisheries science or to explore the possibility of opening a
new fishery or reopening a closed fishery, but the process has
been used to reduce access to fisheries. This provision directs
the Secretary of Commerce to study an EFP application and
certify that it won't negatively impact access to fisheries
with existing fishery management plans, won't have negative
socioeconomic impacts, and will have a positive impact on
fishery management. This section further prohibits the
establishment of a catch share program through an EFP.
Section 305. Cooperative research and management program
Cooperative research and management together have the
benefits of building trust between fishermen and the government
and lowering data collection costs. This section expedites the
implementation of cooperative research and management program
by requiring the Secretary of Commerce to publish a plan for
implementing and conducting the program. The plan should
identify and describe critical regional fishery management and
research needs, possible projects to address the identified
needs, and the estimated costs for such projects.
Section 306. Gulf of Mexico fisheries cooperative research and red
snapper management
The Gulf of Mexico red snapper is a stock that has become
the poster child for poor data and management by NMFS. H.R. 200
makes several revisions to the research and management of this
species in the Gulf. This section requires the Secretary of
Commerce--in conjunction with the Gulf States, the Gulf of
Mexico Fishery Management Council, and the charter and
recreational fishing sectors--to develop and implement a real-
time reporting and data collection program for the Gulf of
Mexico red snapper fishery using available technology and a
cooperative research program for fisheries in the Gulf of
Mexico and the South Atlantic regions, giving priority to those
fisheries that are considered data poor.
The section further improves the data collection of stocks
in the Gulf of Mexico by requiring the Secretary of Commerce to
develop a schedule of stock surveys and stock assessments for
the five-year period beginning on the date of enactment and for
every five-year period thereafter, giving priority to those
stocks that are commercially or recreationally important and
ensuring that each important stock is surveyed at least once
every five years. The section also corrects a discrepancy
between management of red snapper by the Gulf States by
extending State management out to nine nautical miles for the
recreational sector of the Gulf of Mexico red snapper fishery.
Section 307. Ensuring consistent management for fisheries throughout
their range
This section ensures consistent and transparent fisheries
management by affirming that MSA is the ultimate authority in
fisheries management in federal waters. Specifically, this
section looks to minimize conflicts between different offices
within NOAA by formally stating that the open, transparent,
stakeholder-driven fishery management Councils would set
fisheries regulations within marine National Monuments and
National Marine Sanctuaries. This section also states that any
fishery restrictions necessary to implement a recovery plan
under the Endangered Species Act of 1973 (ESA, 16 U.S.C. 1531
et seq.) are done so through the authority of MSA. This section
does nothing to rescind or adjust the boundaries of any marine
National Monument or National Marine Sanctuary, nor does this
section eliminate species protection under ESA.
Title IV--STRENGTHENING FISHING COMMUNITIES
Section 401. Estimation of cost of recovery from fishery resource
disaster
This section instructs the Secretary of Commerce, within 30
days of declaring a fisheries disaster, to publish a cost
estimation for recovery from such disaster. This provision is
intended to assist Congress in appropriating fishery disaster
funding should a disaster be declared by the Secretary.
Section 402. Deadline for action on request by Governor for
determination regarding fishery resource disaster
This section mandates that the Secretary of Commerce make a
determination regarding a fishery disaster request submitted by
a Governor within 90 days of submission.
Section 403. North Pacific fishery management clarification
This section expands the existing authority for the State
of Alaska, with the concurrence of the Secretary of Commerce,
to regulate fishing vessels in federal waters off the coast of
Alaska if it is operating in a fishery without a current
Fishery Management Plan.
Section 404. Limitation on harvest in North Pacific directed pollock
fishery
Many of the provisions in H.R. 200 result in greater
flexibility for Councils to manage the needs of their region.
This section allows the North Pacific Fishery Management
Council to change the harvest limitation under the American
Fisheries Act for entities engaged in the directed Pollock
fishery if that percentage does not exceed 24 percent.
Section 405. Arctic community development quota
Specific to fisheries managed under the North Pacific
Fishery Management Council, this provision instructs the
Secretary of Commerce to set aside 10 percent of the total
allowable catch within an Arctic fishery management plan to be
used as a ``community development quota.'' This quota would be
available to small coastal villages located north and east of
the Bering Strait.
Section 406. Reallocation of certain unused harvest allocation
The Aleut Corporation was granted a pollock allocation, but
due to regulatory hurdles, is unable to harvest its allocation.
This provision ensures that the Aleut Corporation retains
control of the allocation irrespective of their ability to
harvest it, and directs the National Marine Fisheries Service
to revise its regulation so that the Aleut Corporation may
harvest its pollock allocation, keeping within the Total
Allowable Catch for the fishery.
COMMITTEE ACTION
H.R. 200 was introduced on January 3, 2017, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water, Power and Oceans. On September 26, 2017, the
Subcommittee held a hearing on the bill. On December 12, 2017,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congressman
Don Young (R-AK) offered an amendment in the nature of a
substitute. Congresswoman Madeleine Z. Bordallo (D-GU) offered
three amendments designated (033), (034), and (035) en bloc to
the amendment in the nature of a substitute; they were adopted
by voice vote. Congresswoman Madeleine Z. Bordallo offered an
amendment designated (006) to the amendment in the nature of a
substitute; it was not adopted by a roll call vote of 18 ayes
and 22 nays, as follows:
Congressman Donald S. Beyer, Jr. (D-VA) offered an
amendment designated (007) to the amendment in the nature of a
substitute; it was not adopted by a bipartisan roll call vote
of 15 ayes and 23 nays, as follows:
Congressman A. Donald McEachin (D-VA) offered an amendment
designated (028) to the amendment in the nature of a
substitute; it was not adopted by a roll call vote of 17 ayes
and 23 noes, as follows:
Congressman Raul M. Grijalva (D-AZ) offered and withdrew an
amendment designated (009) to the amendment in the nature of a
substitute. Congressman Daniel Webster (R-FL) offered an
amendment designated (011) to the amendment in the nature of a
substitute; it was adopted by voice vote. Congressman Alan S.
Lowenthal (D-CA) offered an amendment designated (005) to the
amendment in the nature of a substitute; it was not adopted by
a roll call vote of 17 ayes and 23 noes, as follows:
Congressman Garret Graves (R-LA) offered an amendment
designated (093) to the amendment in the nature of a
substitute; it was adopted by a bipartisan roll call vote of 35
ayes and 4 noes, as follows:
Congressman Garret Graves offered an amendment designated
(094) to the amendment in the nature of a substitute; it was
adopted by voice vote. Congressman Jared Huffman (D-CA) offered
an amendment designated (118) to the amendment in the nature of
a substitute. After a point of order was raised, the amendment
was withdrawn. No other amendments were offered. The amendment
in the nature of a substitute, as amended, was adopted by voice
vote. The bill, as amended, was ordered favorably reported to
the House of Representatives on December 13, 2017, by a roll
call vote of 23 ayes to 17 noes, as follows:
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 24, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 200, the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 200--Strengthening Fishing Communities and Increasing Flexibility
in Fisheries Management Act
Summary: H.R. 200 would amend the Magnuson-Stevens Fishery
Conservation and Management Act, which addresses U.S. fisheries
management and would authorize the annual appropriation of $397
million through 2022 for those purposes. The bill also would
require the Secretary of Commerce to request that the National
Academy of Sciences study certain mixed-use fisheries.
CBO estimates that implementing H.R. 200 would cost about
$1.4 billion over the 2019-2023 period, assuming appropriation
of the authorized and necessary amounts. Enacting the bill
could increase revenues and direct spending; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any such
changes would have a negligible net effect on the deficit.
CBO estimates that enacting H.R. 200 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 200 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
The bill would impose a private-sector mandate as defined
in UMRA by prohibiting shark feeding off the coast of Florida.
CBO estimates that the cost of the mandate would fall below the
annual threshold established in UMRA for private-sector
mandates ($160 million in 2018, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 200 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Magnuson-Stevens Act:
Authorization Level........................ 397 397 397 397 397 0 1,588
Estimated Outlays.......................... 0 258 337 385 397 139 1,516
Studies of Mixed-Use Fisheries:
Estimated Authorization Level.............. 0 1 0 0 0 0 1
Estimated Outlays.......................... 0 1 0 0 0 0 1
Total Changes:
Authorization Level.................... 397 398 397 397 397 0 1,589
Estimated Outlays...................... 0 259 337 385 397 139 1,517
----------------------------------------------------------------------------------------------------------------
H.R. 200 would authorize the appropriation of $397 million in 2018. CBO does not estimate any spending would
result from that authorization because appropriations for 2018 have already been provided.
Basis of estimate: For this estimate, CBO assumes that H.R.
200 will be enacted near the end of fiscal year 2018 and that
the authorized and estimated amounts will be appropriated for
each year.
H.R. 200 would authorize the appropriation of $397 million
a year through 2022 to carry out activities under the Magnuson-
Stevens Fishery Conservation and Management Act. The Magnuson-
Stevens Act is the primary law governing the management of
marine fisheries in federal waters. That act requires the
National Oceanic and Atmospheric Administration (NOAA) to
preserve sustainable fish populations in waters off the coasts
of the United States using various methods, including limiting
annual fish harvests and enforcing laws that prohibit foreign
fishing. In 2017, NOAA received appropriations totaling $538
million to carry out activities under the Magnuson-Stevens Act.
(NOAA has not yet made a final allocation of funding to
implement the act for 2018.)
H.R. 200 would amend the Magnuson-Stevens Act to give
Regional Fishery Management Councils additional tools and
flexibility to manage their fisheries. Amendments include
proposed new guidelines for incorporating state data and stock
assessments into fishery management decisions, updating the
schedule and process of stock assessments, and updating
allocation and quota requirements for certain fishing
communities. Based on historical spending patterns, CBO
estimates that implementing the Magnuson-Stevens Act would cost
about $1.5 billion over the 2019-2023 period and $71 million
after 2023.
The bill also would require the Secretary of Commerce to
enter into an agreement with the National Academy of Sciences
to conduct research on mixed-use fisheries in the South
Atlantic and Gulf of Mexico regions and on limited-access-
privilege programs for mixed-use fisheries. Based on the costs
of similar projects, CBO estimates that staff time and travel
needed to complete the studies would cost $1 million in 2019.
Pay-As-You-Go considerations: H.R. 200 would create new
civil and criminal penalties for feeding sharks off the coast
of Florida. Such penalties are recorded as revenues, deposited
into the Crime Victims Fund, and later spent without further
appropriations action. CBO expects that any additional revenues
would not be significant in any year and would be offset by
subsequent direct spending; therefore, the net effect on the
deficit would be negligible.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 200 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 200 contains no intergovernmental as defined
in UMRA.
The bill would impose a private-sector mandate as defined
in UMRA by prohibiting shark feeding off the coast of Florida.
The cost of the mandate would be forgone business revenue by
shark-diving operators who currently feed sharks as part of
their services. Because not all shark-diving operations rely on
shark feeding and many operations generate revenue from other
activities, CBO estimates that the costs of the mandate would
fall below the annual threshold established in UMRA for
private-sector mandates ($160 million in 2018, adjusted
annually for inflation).
Estimate prepared by: Federal costs: Robert Reese;
Mandates: Zach Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Magnuson-Stevens Fishery
Conservation and Management Act to provide flexibility for
fishery managers and stability for fishermen.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Magnuson-Stevens Fishery Conservation
and Management Act''.
TABLE OF CONTENTS
Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.
Sec. 4. Authorization of appropriations.
Sec. 5. Ensuring consistent fisheries management under certain other
Federal laws.
* * * * * * *
SEC. 2. FINDINGS, PURPOSES AND POLICY.
(a) Findings.--The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the
highly migratory species of the high seas, the species
which dwell on or in the Continental Shelf appertaining
to the United States, and the anadromous species which
spawn in United States rivers or estuaries, constitute
valuable and renewable natural resources. These fishery
resources contribute to the food supply, economy,
cultural well-being, and health of the Nation and
provide recreational opportunities.
(2) Certain stocks of fish have declined to the point
where their survival is threatened, and other stocks of
fish have been so substantially reduced in number that
they could become similarly threatened as a consequence
of (A) increased fishing pressure, (B) the inadequacy
of fishery resource conservation and management
practices and controls, or (C) direct and indirect
habitat losses which have resulted in a diminished
capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a
major source of employment and contributes
significantly to the economy of the Nation. Many
coastal areas are dependent upon fishing and related
activities, and their economies have been badly damaged
by the overfishing of fishery resources at an ever-
increasing rate over the past decade. The activities of
massive foreign fishing fleets in waters adjacent to
such coastal areas have contributed to such damage,
interfered with domestic fishing efforts, and caused
destruction of the fishing gear of United States
fishermen.
(4) International fishery agreements have not been
effective in preventing or terminating the overfishing
of these valuable fishery resources. There is danger
that irreversible effects from overfishing will take
place before an effective international agreement on
fishery management jurisdiction can be negotiated,
signed, ratified, and implemented.
(5) Fishery resources are finite but renewable. If
placed under sound management before overfishing has
caused irreversible effects, the fisheries can be
conserved and maintained so as to provide optimum
yields on a continuing basis.
(6) A national program for the conservation and
management of the fishery resources of the United
States is necessary to prevent overfishing, to rebuild
[overfished] depleted stocks, to insure conservation,
to facilitate long-term protection of essential fish
habitats, and to realize the full potential of the
Nation's fishery resources.
(7) A national program for the development of
fisheries which are underutilized or not utilized by
the United States fishing industry, including bottom
fish off Alaska, is necessary to assure that our
citizens benefit from the employment, food supply, and
revenue which could be generated thereby.
(8) The collection of reliable data is essential to
the effective conservation, management, and scientific
understanding of the fishery resources of the United
States.
(9) One of the greatest long-term threats to the
viability of commercial and recreational fisheries is
the continuing loss of marine, estuarine, and other
aquatic habitats. Habitat considerations should receive
increased attention for the conservation and management
of fishery resources of the United States.
(10) Pacific Insular Areas contain unique historical,
cultural, legal, political, and geographical
circumstances which make fisheries resources important
in sustaining their economic growth and traditional
ways of life.
(11) A number of the Fishery Management Councils have
demonstrated significant progress in integrating
ecosystem considerations in fisheries management using
the existing authorities provided under this Act.
(12) International cooperation is necessary to
address illegal, unreported, and unregulated fishing
and other fishing practices which may harm the
sustainability of living marine resources and
disadvantage the United States fishing industry.
(b) Purposes.--It is therefore declared to be the purposes of
the Congress in this Act--
(1) to take immediate action to conserve and manage
the fishery resources found off the coasts of the
United States, and the anadromous species and
Continental Shelf fishery resources of the United
States, by exercising (A) sovereign rights for the
purposes of exploring, exploiting, conserving, and
managing all fish, within the exclusive economic zone
established by Presidential Proclamation 5030, dated
March 10, 1983, and (B) exclusive fishery management
authority beyond the exclusive economic zone over such
anadromous species and Continental Shelf fishery
resources;
(2) to support and encourage the implementation and
enforcement of international fishery agreements for the
conservation and management of highly migratory
species, and to encourage the negotiation and
implementation of additional such agreements as
necessary;
(3) to promote domestic commercial [and
recreational], recreational, and subsistence fishing
under sound conservation and management principles,
including the promotion of catch and release programs
in recreational fishing;
(4) to provide for the preparation and
implementation, in accordance with national standards,
of fishery management plans which will achieve and
maintain, on a continuing basis, the optimum yield from
each fishery;
(5) to establish Regional Fishery Management Councils
to exercise sound judgment in the stewardship of
fishery resources through the preparation, monitoring,
and revision of such plans under circumstances (A)
which will enable the States, the fishing industry,
consumer and environmental organizations, and other
interested persons to participate in, and advise on,
the establishment and administration of such plans, and
(B) which take into account the social and economic
needs of the States;
(6) to encourage the development by the United States
fishing industry of fisheries which are currently
underutilized or not utilized by United States
fishermen, including bottom fish off Alaska, and to
that end, to ensure that optimum yield determinations
promote such development in a non-wasteful manner; and
(7) to promote the protection of essential fish
habitat in the review of projects conducted under
Federal permits, licenses, or other authorities that
affect or have the potential to affect such habitat.
(c) Policy.--It is further declared to be the policy of the
Congress in this Act--
(1) to maintain without change the existing
territorial or other ocean jurisdiction of the United
States for all purposes other than the conservation and
management of fishery resources, as provided for in
this Act;
(2) to authorize no impediment to, or interference
with, recognized legitimate uses of the high seas,
except as necessary for the conservation and management
of fishery resources, as provided for in this Act;
(3) to assure that the national fishery conservation
and management program utilizes, and is based upon, the
best scientific information available; involves, and is
responsive to the needs of, interested and affected
States and citizens; considers efficiency; draws upon
Federal, State, and academic capabilities in carrying
out research, administration, management, and
enforcement; considers the effects of fishing on
immature fish and encourages development of practical
measures that minimize bycatch and avoid unnecessary
waste of fish; and is workable and effective;
(4) to permit foreign fishing consistent with the
provisions of this Act;
(5) to support and encourage active United States
efforts to obtain internationally acceptable agreements
which provide for effective conservation and management
of fishery resources, and to secure agreements to
regulate fishing by vessels or persons beyond the
exclusive economic zones of any nation;
(6) to foster and maintain the diversity of fisheries
in the United States; and
(7) to ensure that the fishery resources adjacent to
a Pacific Insular Area, including resident or migratory
stocks within the exclusive economic zone adjacent to
such areas, be explored, developed, conserved, and
managed for the benefit of the people of such area and
of the United States.
SEC. 3. DEFINITIONS.
As used in this Act, unless the context otherwise requires--
(1) The term ``anadromous species'' means species of
fish which spawn in fresh or estuarine waters of the
United States and which migrate to ocean waters.
(2) The term ``bycatch'' means fish which are
harvested in a fishery, but which are not sold or kept
for personal use, and includes economic discards and
regulatory discards. Such term does not include fish
released alive under a recreational catch and release
fishery [management program].
(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.
(3) The term ``charter fishing'' means fishing from a
vessel carrying a passenger for hire (as defined in
section 2101(21a) of title 46, United States Code) who
is engaged in recreational fishing.
(4) The term ``commercial fishing'' means fishing in
which the fish harvested, either in whole or in part,
are intended to enter commerce or enter commerce
through sale, barter or trade.
(5) The term ``conservation and management'' refers
to all of the rules, regulations, conditions, methods,
and other measures (A) which are required to rebuild,
restore, or maintain, and which are useful in
rebuilding, restoring, or maintaining, any fishery
resource and the marine environment; and (B) which are
designed to assure that--
(i) a supply of food and other products may
be taken, and that recreational benefits may be
obtained, on a continuing basis;
(ii) irreversible or long-term adverse
effects on fishery resources and the marine
environment are avoided; and
(iii) there will be a multiplicity of options
available with respect to future uses of these
resources.
(6) The term ``Continental Shelf'' means the seabed
and subsoil of the submarine areas adjacent to the
coast, but outside the area of the territorial sea, of
the United States, to a depth of 200 meters or, beyond
that limit, to where the depth of the superjacent
waters admits of the exploitation of the natural
resources of such areas.
(7) The term ``Continental Shelf fishery resources''
means the following:
COLENTERATA
Bamboo Coral--Acanella spp.;
Black Coral--Antipathes spp.;
Gold Coral--Callogorgia spp.;
Precious Red Coral--Corallium spp.;
Bamboo Coral--Keratoisis spp.; and
Gold Coral--Parazoanthus spp.
CRUSTACEA
Tanner Crab--Chionoecetes tanneri;
Tanner Crab--Chionoecetes opilio;
Tanner Crab--Chionoecetes angulatus;
Tanner Crab--Chionoecetes bairdi;
King Crab--Paralithodes camtschatica;
King Crab--Paralithodes platypus;
King Crab--Paralithodes brevipes;
Lobster--Homarus americanus;
Dungeness Crab--Cancer magister;
California King Crab--Paralithodes californiensis;
California King Crab--Paralithodes rathbuni;
Golden King Crab--Lithodes aequispinus;
Northern Stone Crab--Lithodes maja;
Stone Crab--Menippe mercenaria; and
Deep-sea Red Crab--Chaceon quinquedens.
MOLLUSKS
Red Abalone--Haliotis rufescens;
Pink Abalone--Haliotis corrugata;
Japanese Abalone--Haliotis kamtschatkana;
Queen Conch--Strombus gigas;
Surf Clam--Spisula solidissima, and
Ocean Quahog--Arctica islandica.
SPONGES
Glove Sponge--Spongia cheiris
Sheepswool Sponge--Hippiospongia lachne;
Grass Sponge--Spongia graminea; and
Yellow Sponge--Spongia barbera.
If the Secretary determines, after consultation with
the Secretary of State, that living organisms of any
other sedentary species are, at the harvestable stage,
either--
(A) immobile on or under the seabed, or
(B) unable to move except in constant
physical contact with the seabed or subsoil,
of the Continental Shelf which appertains to the United
States, and publishes notice of such determination in
the Federal Register, such sedentary species shall be
considered to be added to the foregoing list and
included in such term for purposes of this Act.
(8) The term ``Council'' means any Regional Fishery
Management Council established under section 302.
(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.
(9) The term ``economic discards'' means fish which
are the target of a fishery, but which are not retained
because they are of an undesirable size, sex, or
quality, or for other economic reasons.
(10) The term ``essential fish habitat'' means those
waters and substrate necessary to fish for spawning,
breeding, feeding or growth to maturity, 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.
(11) The term ``exclusive economic zone'' means the
zone established by Proclamation Numbered 5030, dated
March 10, 1983. For purposes of applying this Act, the
inner boundary of that zone is a line coterminous with
the seaward boundary of each of the coastal States.
(12) The term ``fish'' means finfish, mollusks,
crustaceans, and all other forms of marine animal and
plant life other than marine mammals and birds.
(13) The term ``fishery'' means--
(A) one or more stocks of fish which can be
treated as a unit for purposes of conservation
and management and which are identified on the
basis of geographical, scientific, technical,
recreational, and economic characteristics; and
(B) any fishing for such stocks.
(14) The term ``regional fishery association'' means
an association formed for the mutual benefit of
members--
(A) to meet social and economic needs in a
region or subregion; and
(B) comprised of persons engaging in the
harvest or processing of fishery resources in
that specific region or subregion or who
otherwise own or operate businesses
substantially dependent upon a fishery.
(15) The term ``fishery resource'' means any fishery,
any stock of fish, any species of fish, and any habitat
of fish.
(16) The term ``fishing'' means--
(A) the catching, taking, or harvesting of
fish;
(B) the attempted catching, taking, or
harvesting of fish;
(C) any other activity which can reasonably
be expected to result in the catching, taking,
or harvesting of fish; or
(D) any operations at sea in support of, or
in preparation for, any activity described in
subparagraphs (A) through (C).
Such term does not include any scientific research
activity which is conducted by a scientific research
vessel.
(17) The term ``fishing community'' means a community
which is substantially dependent on or substantially
engaged in the harvest or processing of fishery
resources to meet social and economic needs, and
includes fishing vessel owners, operators, and crew and
United States fish processors that are based in such
community.
(18) The term ``fishing vessel'' means any vessel,
boat, ship, or other craft which is used for, equipped
to be used for, or of a type which is normally used
for--
(A) fishing; or
(B) aiding or assisting one or more vessels
at sea in the performance of any activity
relating to fishing, including, but not limited
to, preparation, supply, storage,
refrigeration, transportation, or processing.
(19) The term ``foreign fishing'' means fishing by a
vessel other than a vessel of the United States.
(20) The term ``high seas'' means all waters beyond
the territorial sea of the United States and beyond any
foreign nation's territorial sea, to the extent that
such sea is recognized by the United States.
(21) The term ``highly migratory species'' means tuna
species, marlin (Tetrapturus spp. and Makaira spp.),
oceanic sharks, sailfishes (Istiophorus spp.), and
swordfish (Xiphias gladius).
(22) The term ``import''--
(A) means to land on, bring into, or
introduce into, or attempt to land on, bring
into, or introduce into, any place subject to
the jurisdiction of the United States, whether
or not such landing, bringing, or introduction
constitutes an importation within the meaning
of the customs laws of the United States; but
(B) does not include any activity described
in subparagraph (A) with respect to fish caught
in the exclusive economic zone or by a vessel
of the United States.
(23) The term ``individual fishing quota'' means a
Federal permit under a limited access system to harvest
a quantity of fish, expressed by a unit or units
representing a percentage of the total allowable catch
of a fishery that may be received or held for exclusive
use by a person. Such term does not include community
development quotas as described in section 305(i).
(24) The term ``international fishery agreement''
means any bilateral or multilateral treaty, convention,
or agreement which relates to fishing and to which the
United States is a party.
(25) The term ``large-scale driftnet fishing'' means
a method of fishing in which a gillnet composed of a
panel or panels of webbing, or a series of such
gillnets, with a total length of two and one-half
kilometers or more is placed in the water and allowed
to drift with the currents and winds for the purpose of
entangling fish in the webbing.
(26) The term ``limited access privilege''--
(A) means a Federal permit, issued as part of
a limited access system under section 303A to
harvest a quantity of fish expressed by a unit
or units representing a portion of the total
allowable catch of the fishery that may be
received or held for exclusive use by a person;
and
(B) includes an individual fishing quota; but
(C) does not include community development
quotas as described in section 305(i).
(27) The term ``limited access system'' means a
system that limits participation in a fishery to those
satisfying certain eligibility criteria or requirements
contained in a fishery management plan or associated
regulation.
(28) The term ``Marine Fisheries Commission'' means
the Atlantic States Marine Fisheries Commission, the
Gulf States Marine Fisheries Commission, or the Pacific
Marine Fisheries Commission.
(29) The term ``migratory range'' means the maximum
area at a given time of the year within which fish of
an anadromous species or stock thereof can be expected
to be found, as determined on the basis of scale
pattern analysis, tagging studies, or other reliable
scientific information, except that the term does not
include any part of such area which is in the waters of
a foreign nation.
(30) The term ``national standards'' means the
national standards for fishery conservation and
management set forth in section 301.
(31) The term ``observer'' means any person required
or authorized to be carried on a vessel for
conservation and management purposes by regulations or
permits under this Act.
(32) The term ``observer information'' means any
information collected, observed, retrieved, or created
by an observer or electronic monitoring system pursuant
to authorization by the Secretary, or collected as part
of a cooperative research initiative, including fish
harvest or processing observations, fish sampling or
weighing data, vessel logbook data, vessel or
processor-specific information (including any safety,
location, or operating condition observations), and
video, audio, photographic, or written documents.
(33) The term ``optimum'', with respect to the yield
from a fishery, means the amount of fish which--
(A) will provide the greatest overall benefit
to the Nation, particularly with respect to
food production and recreational opportunities,
and taking into account the protection of
marine ecosystems;
(B) is prescribed on the basis of the maximum
sustainable yield from the fishery, as reduced
by any relevant social, economic, or ecological
factor; and
(C) in the case of an [overfished] depleted
fishery, provides for rebuilding to a level
consistent with producing the maximum
sustainable yield in such fishery.
(34) [The terms ``overfishing'' and ``overfished''
mean] The term ``overfishing'' means a rate or level of
fishing mortality that jeopardizes the capacity of a
fishery to produce the maximum sustainable yield on a
continuing basis.
(35) The term ``Pacific Insular Area'' means American
Samoa, Guam, the Northern Mariana Islands, Baker
Island, Howland Island, Jarvis Island, Johnston Atoll,
Kingman Reef, Midway Island, Wake Island, or Palmyra
Atoll, as applicable, and includes all islands and
reefs appurtenant to such island, reef, or atoll.
(36) The term ``person'' means any individual
(whether or not a citizen or national of the United
States), any corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such
government.
(37) The term ``recreational fishing'' means fishing
for sport or pleasure.
(38) The term ``regulatory discards'' means fish
harvested in a fishery which fishermen are required by
regulation to discard whenever caught, or are required
by regulation to retain but not sell.
(39) The term ``Secretary'' means the Secretary of
Commerce or his designee.
(40) The term ``special areas'' means the areas
referred to as eastern special areas in Article 3(1) of
the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990; in particular, the term
refers to those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth
of the territorial sea of the United States is
measured.
(41) The term ``special areas'' means the areas
referred to as eastern special areas in Article 3(1) of
the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990. In particular, the term
refers to those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth
of the territorial sea of the United States is
measured.
(42) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of
the United States.
(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.
[(43)] (44) The term ``stock of fish'' means a
species, subspecies, geographical grouping, or other
category of fish capable of management as a unit.
[(43a)] (45)(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.
[(44)] (46) The term ``treaty'' means any
international fishery agreement which is a treaty
within the meaning of section 2 of article II of the
Constitution.
[(45)] (47) The term ``tuna species'' means the
following:
Albacore Tuna--Thunnus alalunga;
Bigeye Tuna--Thunnus obesus;
Bluefin Tuna--Thunnus thynnus;
Skipjack Tuna--Katsuwonus pelamis; and
Yellowfin Tuna--Thunnus albacares.
[(46)] (48) The term ``United States'', when used in
a geographical context, means all the States thereof.
[(47)] (49) The term ``United States fish
processors'' means facilities located within the United
States for, and vessels of the United States used or
equipped for, the processing of fish for commercial use
or consumption.
[(48)] (50) The term ``United States harvested fish''
means fish caught, taken, or harvested by vessels of
the United States within any fishery for which a
fishery management plan prepared under title III or a
preliminary fishery management plan prepared under
section 201(h) has been implemented.
[(49)] (51) The term ``vessel subject to the
jurisdiction of the United States'' has the same
meaning such term has in section 3(c) of the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
[(50)] (52) The term ``vessel of the United States''
means--
(A) any vessel documented under chapter 121
of title 46, United States Code;
(B) any vessel numbered in accordance with
chapter 123 of title 46, United States Code,
and measuring less than 5 net tons;
(C) any vessel numbered in accordance with
chapter 123 of title 46, United States Code,
and used exclusively for pleasure; or
(D) any vessel not equipped with propulsion
machinery of any kind and used exclusively for
pleasure.
[(33)] (53) The term ``waters of a foreign nation''
means any part of the territorial sea or exclusive
economic zone (or the equivalent) of a foreign nation,
to the extent such territorial sea or exclusive
economic zone is recognized by the United States.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to
carry out the provisions of [this Act--]
[(1) $337,844,000 for fiscal year 2007;
[(2) $347,684,000 for fiscal year 2008;
[(3) $357,524,000 for fiscal year 2009;
[(4) $367,364,000 for fiscal year 2010;
[(5) $377,204,000 for fiscal year 2011;
[(6) $387,044,000 for fiscal year 2012; and
[(7)] this Act $396,875,000 for [fiscal year 2013]
each of fiscal years 2018 through 2022.
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.
TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY
RESOURCES
* * * * * * *
SEC. 102. HIGHLY MIGRATORY SPECIES.
(a) In General.--The United States shall cooperate directly
or through appropriate international organizations with those
nations involved in fisheries for highly migratory species with
a view to ensuring conservation and shall promote the
achievement of optimum yield of such species throughout their
range, both within and beyond the exclusive economic zone.
(b) Traditional Participation.--In managing any fisheries
under an international fisheries agreement to which the United
States is a party, the appropriate Council or Secretary shall
take into account the traditional participation in the fishery,
relative to other nations, by fishermen of the United States on
fishing vessels of the United States.
(c) Promotion of Stock Management.--If a relevant
international fisheries organization does not have a process
for developing a formal plan to rebuild a depleted stock, an
[overfished] depleted stock, or a stock that is approaching a
condition of being [overfished] depleted, the provisions of
this Act in this regard shall be communicated to and promoted
by the United States in the international or regional fisheries
organization.
* * * * * * *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
SEC. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND MANAGEMENT.
(a) In General.--Any fishery management plan prepared, and
any regulation promulgated to implement any such plan, pursuant
to this title shall be consistent with the following national
standards for fishery conservation and management:
(1) Conservation and management measures shall
prevent over-fishing while achieving, on a continuing
basis, the optimum yield from each fishery for the
United States fishing industry.
(2) Conservation and management measures shall be
based upon the best scientific information available.
(3) To the extent practicable, an individual stock of
fish shall be managed as a unit throughout its range,
and interrelated stocks of fish shall be managed as a
unit or in close coordination.
(4) Conservation and management measures shall not
discriminate between residents of different States. If
it becomes necessary to allocate or assign fishing
privileges among various United States fishermen, such
allocation shall be (A) fair and equitable to all such
fishermen; (B) reasonably calculated to promote
conservation; and (C) carried out in such manner that
no particular individual, corporation, or other entity
acquires an excessive share of such privileges.
(5) Conservation and management measures shall, where
practicable, consider efficiency in the utilization of
fishery resources; except that no such measure shall
have economic allocation as its sole purpose.
(6) Conservation and management measures shall take
into account and allow for variations among, and
contingencies in, fisheries, fishery resources, and
catches.
(7) Conservation and management measures shall, where
practicable, minimize costs and avoid unnecessary
duplication.
(8) Conservation and management measures shall,
consistent with the conservation requirements of this
Act (including the prevention of overfishing and
rebuilding of [overfished] depleted stocks), take into
account the importance of fishery resources to fishing
communities by utilizing economic and social data that
meet the requirements of paragraph (2), in order to (A)
provide for the sustained participation of such
communities, and (B) to the extent practicable,
minimize adverse economic impacts on such communities.
(9) Conservation and management measures shall, to
the extent practicable, (A) minimize bycatch and (B) to
the extent bycatch cannot be avoided, minimize the
mortality of such bycatch.
(10) Conservation and management measures shall, to
the extent practicable, promote the safety of human
life at sea.
(b) The Secretary shall establish advisory guidelines (which
shall not have the force and effect of law), based on the
national standards, to assist in the development of fishery
management plans.
SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Establishment.--(1) There shall be established, within
120 days after the date of the enactment of this Act, eight
Regional Fishery Management Councils, as follows:
(A) New england council.--The New England Fishery
Management Council shall consist of the States of
Maine, New Hampshire, Massachusetts, Rhode Island, and
Connecticut and shall have authority over the fisheries
in the Atlantic Ocean seaward of such States (except as
provided in paragraph (3)). The New England Council
shall have [18] 19 voting members, including 12
appointed by the Secretary in accordance with
subsection (b)(2) (at least one of whom shall be
appointed from each such State) 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.
(B) Mid-atlantic council.--The Mid-Atlantic Fishery
Management Council shall consist of the States of New
York, New Jersey, Delaware, Pennsylvania, Maryland,
Virginia, and North Carolina and shall have authority
over the fisheries in the Atlantic Ocean seaward of
such States (except North Carolina, and as provided in
paragraph (3)). The Mid-Atlantic Council shall have
[21] 22 voting members, including 13 appointed by the
Secretary in accordance with subsection (b)(2) (at
least one of whom shall be appointed from each such
State) 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.
(C) South atlantic council.--The South Atlantic
Fishery Management Council shall consist of the States
of North Carolina, South Carolina, Georgia, and Florida
and shall have authority over the fisheries in the
Atlantic Ocean seaward of such States (except as
provided in paragraph (3)). The South Atlantic Council
shall have 13 voting members, including 8 appointed by
the Secretary in accordance with subsection (b)(2) (at
least one of whom shall be appointed from each such
State).
(D) Caribbean council.--The Caribbean Fishery
Management Council shall consist of the Virgin Islands
and the Commonwealth of Puerto Rico and shall have
authority over the fisheries in the Caribbean Sea and
Atlantic Ocean seaward of such States and of
commonwealths, territories, and possessions of the
United States in the Caribbean Sea (except as provided
in paragraph (3)). The Caribbean Council shall have 7
voting members, including 4 appointed by the Secretary
in accordance with subsection (b)(2) (at least one of
whom shall be appointed from each such State).
(E) Gulf council.--The Gulf of Mexico Fishery
Management Council shall consist of the States of
Texas, Louisiana, Mississippi, Alabama, and Florida and
shall have authority over the fisheries in the Gulf of
Mexico seaward of such States (except as provided in
paragraph (3)). The Gulf Council shall have 17 voting
members, including 11 appointed by the Secretary in
accordance with subsection (b)(2) (at least one of whom
shall be appointed from each such State).
(F) Pacific council.--The Pacific Fishery
Management Council shall consist of the States
of California, Oregon, Washington, and Idaho
and shall have authority over the fisheries in
the Pacific Ocean seaward of such States. The
Pacific Council shall have 14 voting members,
including 8 appointed by the Secretary in
accordance with subsection (b)(2) (at least one
of whom shall be appointed from each such
State), and including one appointed from an
Indian tribe with Federally recognized fishing
rights from California, Oregon, Washington, or
Idaho in accordance with subsection (b)(5).
(G) North pacific council.--The North Pacific Fishery
Management Council shall consist of the States of
Alaska, Washington, and Oregon and shall have authority
over the fisheries in the Arctic Ocean, Bering Sea, and
Pacific Ocean seward of Alaska. The North Pacific
Council shall have 11 voting members, including 7
appointed by the Secretary in accordance with
subsection (b)(2) (5 of whom shall be appointed from
the State of Alaska and 2 of whom shall be appointed
from the State of Washington).
(H) Western pacific council.--The Western Pacific
Fishery Management Council shall consist of the States
of Hawaii, American Samoa, Guam, and the Northern
Mariana Islands and shall have authority over the
fisheries in the Pacific Ocean seaward of such States
and of the Commonwealths, territories, and possessions
of the United States in the Pacific Ocean area. The
Western Pacific Council shall have 13 voting members,
including 8 appointed by the Secretary in accordance
with subsection (b)(2) (at least one of whom shall be
appointed from each of the following States: Hawaii,
American Samoa, Guam, and the Northern Mariana
Islands).
(2) Each Council shall reflect the expertise and interest of
the several constituent States in the ocean area over which
such Council is granted authority.
(3) The Secretary shall have authority over any
highly migratory species fishery that is within the
geographical area of authority of more than one of the
following Councils: New England Council, Mid-Atlantic
Council, South Atlantic Council, Gulf Council, and
Caribbean Council.
(b) Voting Members.--(1) The voting members of each Council
shall be:
(A) The principal State official with marine fishery
management responsibility and expertise in each
constituent State, who is designated as such by the
Governor of the State, so long as the official
continues to hold such position, or the designee of
such official.
(B) The regional director of the National Marine
Fisheries Service for the geographic area concerned, or
his designee, except that if two such directors are
within such geographical area, the Secretary shall
designate which of such directors shall be the voting
member.
(C) The members required to be appointed by the
Secretary in accordance with paragraphs (2) and (5).
(2)(A) The members of each Council required to be appointed
by the Secretary must be individuals who, by reason of their
occupational or other experience, scientific expertise, or
training, are knowledgeable regarding the conservation and
management, or the commercial [or recreational], recreational,
or subsistence fishing harvest, of the fishery resources of the
geographical area concerned. Within nine months after the date
of enactment of the Fishery Conservation Amendments of 1990,
the Secretary shall, by regulation, prescribe criteria for
determining whether an individual satisfies the requirements of
this subparagraph.
(B) The Secretary, in making appointments under this section,
shall, to the extent practicable, ensure a fair and balanced
apportionment, on a rotating or other basis, of the active
participants (or their representatives) in the commercial and
recreational fisheries under the jurisdiction of the Council.
On January 31, 1991, and each year thereafter, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a report
on the actions taken by the Secretary to ensure that such fair
and balanced apportionment is achieved. The report shall--
(i) list the fisheries under the jurisdiction of each
Council, outlining for each fishery the type and
quantity of fish harvested, fishing and processing
methods employed, the number of participants, the
duration and range of the fishery, and other
distinguishing characteristics;
(ii) assess the membership of each Council in terms
of the apportionment of the active participants in each
such fishery; and
(iii) state the Secretary's plans and schedule for
actions to achieve a fair and balanced apportionment on
the Council for the active participants in any such
fishery.
(C) The Secretary shall appoint the members of each Council
from a list of individuals submitted by the Governor of each
applicable constituent State. A Governor may not submit the
names of individuals to the Secretary for appointment unless
the Governor has determined that each such individual is
qualified under the requirements of subparagraph (A) and unless
the Governor has, to the extent practicable, first consulted
with representatives of the commercial and recreational fishing
interests of the State, and in the case of the Governor of
Alaska with the subsistence fishing interests of the State,
regarding those individuals. Each such list shall include the
names and pertinent biographical data of not less than three
individuals for each applicable vacancy and shall be
accompanied by a statement by the Governor explaining how each
such individual meets the requirements of subparagraph (A). The
Secretary shall review each list submitted by a Governor to
ascertain if the individuals on the list are qualified for the
vacancy on the basis of such requirements. If the Secretary
determines that any individual is not qualified, the Secretary
shall notify the appropriate Governor of that determination.
The Governor shall then submit a revised list or resubmit the
original list with an additional explanation of the
qualifications of the individual in question. An individual is
not eligible for appointment by the Secretary until that
individual complies with the applicable financial disclosure
requirements under subsection (k).
(D)(i) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the
Gulf of Mexico Fisheries Management Council under subparagraph
(C) shall include--
(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
(ii) Notwithstanding the requirements of subparagraph (C), if
the Secretary determines that the list of names submitted by
the Governor does not meet the requirements of clause (i) the
Secretary shall--
(I) publish a notice in the Federal Register asking
the residents of that State to submit the names and
pertinent biographical data of individuals who would
meet the requirement not met for appointment to the
Council; and
(II) add the name of any qualified individual
submitted by the public who meets the unmet requirement
to the list of names submitted by the Governor.
(iii) For purposes of clause (i) an individual who owns or
operates a fish farm outside of the United States shall not be
considered to be a representative of the commercial or
recreational fishing sector.
(iv) The requirements of this subparagraph shall expire at
the end of fiscal year 2012.
(E) Whenever the Secretary makes an appointment to a Council,
the Secretary shall make a public announcement of such
appointment not less than 45 days before the first day on which
the individual is to take office as a member of the Council.
(3) Each voting member appointed to a Council by the
Secretary in accordance with paragraphs (2) and (5) shall serve
for a term of 3 years; except that the Secretary may designate
a shorter term if necessary to provide for balanced expiration
to terms of office. No member appointed after January 1, 1986,
may serve more than three consecutive terms. Any term in which
an individual was appointed to replace a member who left office
during the term shall not be counted in determining the number
of consecutive terms served by that Council member.
(4) Successors to the voting members of any Council shall be
appointed in the same manner as the original voting members.
Any individual appointed to fill a vacancy occurring prior to
the expiration of any term of office shall be appointed for the
remainder of that term.
(5)(A) The Secretary shall appoint to the Pacific
Council one representative of an Indian tribe with
Federally recognized fishing rights from California,
Oregon, Washington, or Idaho from a list of not less
than 3 individuals submitted by the tribal governments.
The Secretary, in consultation with the Secretary of
the Interior and tribal governments, shall establish by
regulation the procedure for submitting a list under
this subparagraph.
(B) Representation shall be rotated among the tribes
taking into consideration--
(i) the qualifications of the individuals on
the list referred to in subparagraph (A),
(ii) the various rights of the Indian tribes
involved and judicial cases that set forth how
those rights are to be exercised, and
(iii) the geographic area in which the tribe
of the representative is located.
(C) A vacancy occurring prior to the expiration of
any term shall be filled in the same manner as set out
in subparagraphs (A) and (B), except that the Secretary
may use the list from which the vacating representative
was chosen.
(D) The tribal representative appointed under subparagraph
(A) may designate as an alternate, during the period of the
representative's term, an individual knowledgeable concerning
tribal rights, tribal law, and the fishery resources of the
geographical area concerned.
(6) The Secretary may remove for cause any member of
a Council required to be appointed by the Secretary in
accordance with paragraphs (2) or (5) if--
(A) the Council concerned first recommends
removal by not less than two-thirds of the
members who are voting members and submits such
removal recommendation to the Secretary in
writing together with a statement of the basis
for the recommendation; or
(B) the member is found by the Secretary,
after notice and an opportunity for a hearing
in accordance with section 554 of title 5,
United States Code, to have committed an act
prohibited by section 307(1)(O).
(c) Nonvoting Members.--(1) The nonvoting members of each
Council shall be:
(A) The regional or area director of the United
States Fish and Wildlife Service for the geographical
area concerned, or his designee.
(B) The commander of the Coast Guard district for the
geographical area concerned, or his designee; except
that, if two Coast Guard districts are within such
geographical area, the commander designated for such
purpose by the commandant of the Coast Guard.
(C) The executive director of the Marine Fisheries
Commission for the geographical area concerned, if any,
or his designee.
(D) One representative of the Department of State
designated for such purpose by the Secretary of State,
or his designee.
(2) The Pacific Council shall have one additional nonvoting
member who shall be appointed by, and serve at the pleasure of,
the Governor of Alaska.
(d) Compensation and Expenses.--The voting members of each
Council who are required to be appointed by the Secretary and
who are not employed by the Federal Government or any State or
local government, shall receive compensation at the daily rate
for GS-15, step 7 of the General Schedule, when engaged in the
actual performance of duties for such Council. The voting
members of each Council, any nonvoting member described in
subsection (c)(1)(C), and the nonvoting member appointed
pursuant to subsection (c)(2) shall be reimbursed for actual
expenses incurred in the performance of such duties, and other
nonvoting members and Council staff members may be reimbursed
for actual expenses.
(e) Transaction of Business.--
(1) A majority of the voting members of any Council
shall constitute a quorum, but one or more such members
designated by the Council may hold hearings. All
decisions of any Council shall be by majority vote of
the voting members present and voting.
(2) The voting members of each Council shall select a
Chairman for such Council from among the voting
members.
(3) Each Council shall meet at appropriate times and
places in any of the constituent States of the Council
at the call of the Chairman or upon the request of a
majority of its voting members.
(4) If any voting member of a Council disagrees with
respect to any matter which is transmitted to the
Secretary by such Council, such member may submit a
statement to the Secretary setting forth the reasons
for such disagreement. The regional director of the
National Marine Fisheries Service serving on the
Council, or the regional director's designee, shall
submit such a statement, which shall be made available
to the public upon request, if the regional director
disagrees with any such matter.
(5) At the request of any voting member of a Council,
the Council shall hold a roll call vote on any matter
before the Council. The official minutes and other
appropriate records of any Council meeting shall
identify all roll call votes held, the name of each
voting member present during each roll call vote, and
how each member voted on each roll call vote.
(f) Staff and Administration.--
(1) Each Council may appoint, and assign duties to,
an executive director and such other full- and part-
time administrative employees as the Secretary
determines are necessary to the performance of its
functions.
(2) Upon the request of any Council, and after
consultation with the Secretary, the head of any
Federal agency is authorized to detail to such Council,
on a reimbursable basis, any of the personnel of such
agency, to assist such Council in the performance of
its functions under this Act.
(3) The Secretary shall provide to each Council such
administrative and technical support services as are
necessary for the effective functioning of such
Council.
(4) The Administrator of General Services shall
furnish each Council with such offices, equipment,
supplies, and services as he is authorized to furnish
to any other agency or instrumentality of the United
States.
(5) The Secretary and the Secretary of State shall
furnish each Council with relevant information
concerning foreign fishing and international fishery
agreements.
(6) Each Council shall determine its organization,
and prescribe its practices and procedures for carrying
out its functions under this Act, in accordance with
such uniform standards as are prescribed by the
Secretary. The procedures of a Council, and of its
scientific and statistical committee and advisory
panels established under subsection (g), must be
consistent with the procedural guidelines set forth in
subsection (i)(2). Each Council shall publish and make
available to the public a statement of its
organization, practices, and procedures.
(7) The Secretary shall pay--
(A) the compensation and expenses provided
for in subsection (d);
(B) appropriate compensation to employees
appointed under paragraph (1);
(C) the amounts required for reimbursement of
other Federal agencies under paragraphs (2) and
(4);
(D) the actual expenses of the members of the
committees and panels established under
subsection (g); and
(E) such other costs as the Secretary
determines are necessary to the performance of
the functions of the Councils.
(g) Committees and Advisory Panels.--
(1)(A) Each Council shall establish, maintain, and
appoint the members of a scientific and statistical
committee to assist it in the development, collection,
evaluation, and peer review of such statistical,
biological, economic, social, and other scientific
information as is relevant to such Council's
development and amendment of any fishery management
plan.
(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for
fishery management decisions, including recommendations
for acceptable biological catch, preventing
overfishing, maximum sustainable yield, and achieving
rebuilding targets, and reports on stock status and
health, bycatch, habitat status, social and economic
impacts of management measures, and sustainability of
fishing practices. Each scientific and statistical
committee shall develop such advice in a transparent
manner and allow for public involvement in the process.
(C) Members appointed by the Councils to the
scientific and statistical committees shall be Federal
employees, State employees, academicians, or
independent experts and shall have strong scientific or
technical credentials and experience.
(D) Each member of a scientific and statistical
committee shall be treated as an affected individual
for purposes of paragraphs (2), (3)(B), (4), and (5)(A)
of subsection (j). The Secretary shall keep disclosures
made pursuant to this subparagraph on file.
(E) The Secretary and each Council may establish a
peer review process for that Council for scientific
information used to advise the Council about the
conservation and management of the fishery. The review
process, which may include existing committees or
panels, is deemed to satisfy the requirements of the
guidelines issued pursuant to section 515 of the
Treasury and General Government Appropriations Act for
Fiscal year 2001 (Public Law 106-554--Appendix C; 114
Stat. 2763A-153).
(F) In addition to the provisions of section
302(f)(7), the Secretary shall, subject to the
availability of appropriations, pay a stipend to
members of the scientific and statistical committees or
advisory panels who are not employed by the Federal
Government or a State marine fisheries agency.
(G) A science and statistical committee shall hold
its meetings in conjunction with the meeting of the
Council, to the extent practicable.
(2) Each Council shall establish such advisory panels
as are necessary or appropriate to assist it in
carrying out its functions under this Act.
(3)(A) Each Council shall establish and maintain a
fishing industry advisory committee which shall provide
information and recommendations on, and assist in the
development of, fishery management plans and amendments
to such plans.
(B) Appointments to a committee established under
subparagraph (A) shall be made by each Council in such
a manner as to provide fair representation to
commercial fishing interests in the geographical area
of authority of the Council.
(4) The Secretary shall establish advisory panels to
assist in the collection and evaluation of information
relevant to the development of any fishery management
plan or plan amendment for a fishery to which
subsection (a)(3) applies. Each advisory panel shall
participate in all aspects of the development of the
plan or amendment; be balanced in its representation of
commercial, recreational, and other interests; and
consist of not less than 7 individuals who are
knowledgeable about the fishery for which the plan or
amendment is developed, selected from among--
(A) members of advisory committees and
species working groups appointed under Acts
implementing relevant international fishery
agreements pertaining to highly migratory
species; and
(B) other interested persons.
(5) Decisions and recommendations made by committees
and panels established under this subsection shall be
considered to be advisory in nature.
(h) Functions.--Each Council shall, in accordance with the
provisions of this Act--
(1) for each fishery under its authority that
requires conservation and management, prepare and
submit to the Secretary (A) a fishery management plan,
and (B) amendments to each such plan that are necessary
from time to time (and promptly whenever changes in
conservation and management measures in another fishery
substantially affect the fishery for which such plan
was developed);
(2) prepare comments on any application for foreign
fishing transmitted to it under section 204(b)(4)(C) or
section 204(d), and any fishery management plan or
amendment transmitted to it under section 304(c)(4);
(3) conduct public hearings, at appropriate times and
in appropriate locations in the geographical area
concerned, so as to allow all interested persons an
opportunity to be heard in the development of fishery
management plans and amendments to such plans, and with
respect to the administration and implementation of the
provisions of this Act (and for purposes of this
paragraph, the term ``geographical area concerned'' may
include an area under the authority of another Council
if the fish in the fishery concerned migrate into, or
occur in, that area or if the matters being heard
affect fishermen of that area; but not unless such
other Council is first consulted regarding the conduct
of such hearings within its area);
(4) submit to the Secretary such periodic reports as
the Council deems appropriate, and any other relevant
report which may be requested by the Secretary;
(5) review on a continuing basis, and revise as
appropriate, the assessments and specifications made
pursuant to section 303(a)(3) and (4) with respect to
the optimum yield from, the capacity and extent to
which United States fish processors will process United
States harvested fish from, and the total allowable
level of foreign fishing in, each fishery (except as
provided in subsection (a)(3)) within its geographical
area of authority; and
(6) develop annual catch limits for each of its
managed fisheries that may not exceed the fishing level
recommendations of its scientific and statistical
committee or the peer review process established under
subsection (g);
(7) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities
for fisheries, fisheries interactions, habitats, and
other areas of research that are necessary for
management purposes, that shall--
(A) establish priorities for 5-year periods;
(B) be updated as necessary; and
(C) be submitted to the Secretary and the
regional science centers of the National Marine
Fisheries Service for their consideration in
developing research priorities and budgets for
the region of the Council[; and];
(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
[(8)] (9) conduct any other activities which are
required by, or provided for in, this Act or which are
necessary and appropriate to the foregoing functions.
(i) Procedural Matters.--(1) The Federal Advisory Committee
Act (5 U.S.C. App. 1) shall not apply to the Councils, the
Council coordination committee established under subsection
(l), or to the scientific and statistical committees or other
committees or advisory panels established under subsection (g).
(2) The following guidelines apply with respect to the
conduct of business at meetings of a Council, and of a Council,
of the Council coordination committee established under
subsection (l), and of the scientific and statistical
committees or other committees or advisory panels established
under subsection (g):
(A) Unless closed in accordance with paragraph (3),
each regular meeting and each emergency meeting shall
be open to the public.
(B) Emergency meetings shall be held at the call of
the chairman or equivalent presiding officer.
(C) Timely public notice of each regular meeting and
each emergency meeting, including the time, place, and
agenda of the meeting, shall be provided by any means
that will result in wide publicity in the major fishing
ports of the region (and in other major fishing ports
having a direct interest in the affected fishery),
except that e-mail notification and website postings
alone are not sufficient. Timely notice of each regular
meeting shall also be published in the Federal
Register. The published agenda of the meeting may not
be modified to include additional matters for Council
action without public notice or within 14 days prior to
the meeting date, unless such modification is to
address an emergency action under section 305(c), in
which case public notice shall be given immediately.
(D) Interested persons shall be permitted to present
oral or written statements regarding the matters on the
agenda at meetings. All written information submitted
to a Council by an interested person shall include a
statement of the source and date of such information.
Any oral or written statement shall include a brief
description of the background and interests of the
person in the subject of the oral or written statement.
(E) Detailed minutes of each meeting of the Council,
except for any closed session, shall be kept and shall
contain a record of the persons present, a complete and
accurate description of matters discussed and
conclusions reached, and copies of all statements
filed. The Chairman shall certify the accuracy of the
minutes of each such meeting and submit a copy thereof
to the Secretary. The minutes shall be made available
to any court of competent jurisdiction.
(F) Subject to the procedures established under
paragraph (4), and the guidelines prescribed by the
Secretary under section 402(b), relating to
confidentiality, the administrative record, including
minutes required under subparagraph (E), of each
meeting, and records or other documents which were made
available to or prepared for or by the Council,
committee, or panel incident to the meeting, shall be
available for public inspection and copying at a single
location in the offices of the Council or the
Secretary, as appropriate.
(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).
(3)(A) Each Council, the Council Coordination Committee
established under subsection (l), scientific and statistical
committee, other committees, and advisory panel--
(i) shall close any meeting, or portion thereof, that
concerns matters or information that bears a national
security classification; and
(ii) may close any meeting, or portion thereof, that
concerns matters or information that pertains to
national security, employment matters, or briefings on
litigation in which the Council is interested.
Subparagraphs (D) and (F) of paragraph (2) shall not apply to
any meeting or portion thereof that is so closed.
(B) If any meeting or portion is closed, the Council
concerned shall notify local newspapers in the major fishing
ports within its region (and in other major, affected fishing
ports), including in that notification the time and place of
the meeting. This subparagraph does not require notification
regarding any brief closure of a portion of a meeting in order
to discuss employment or other internal administrative matters.
(4) Each Council shall establish appropriate procedures
applicable to it and to its committee and advisory panels for
ensuring the confidentiality of the statistics that may be
submitted to it by Federal or State authorities, and may be
voluntarily submitted to it by private persons; including, but
not limited to, procedures for the restriction of Council
employee access and the prevention of conflicts of interest;
except that such procedures, in the case of statistics
submitted to the Council by a State or by the Secretary under
section 402(b), must be consistent with the laws and
regulations of that State, or with the procedures of the
Secretary, as the case may be, concerning the confidentiality
of the statistics.
(5) Each Council shall specify those procedures that are
necessary or appropriate to ensure that the committees and
advisory panels established under subsection (g) are involved,
on a continuing basis, in the development and amendment of
fishery management plans.
(6) At any time when a Council determines it appropriate to
consider new information from a State or Federal agency or from
a Council advisory body, the Council shall give comparable
consideration to new information offered at that time by
interested members of the public. Interested parties shall have
a reasonable opportunity to respond to new data or information
before the Council takes final action on conservation and
management measures.
(j) Disclosure of Financial Interest.--
(1) For the purposes of this subsection--
(A) the term ``affected individual'' means an
individual who--
(i) is nominated by the Governor of a
State for appointment as a voting
member of a Council in accordance with
subsection (b)(2); or
(ii) is a voting member of a Council
appointed--
(I) under subsection (b)(2);
or
(II) under subsection (b)(5)
who is not subject to
disclosure and recusal
requirements under the laws of
an Indian tribal government;
and
(B) the term ``designated official'' means a
person with expertise in Federal conflict-of-
interest requirements who is designated by the
Secretary, in consultation with the Council, to
attend Council meetings and make determinations
under paragraph (7)(B).
(2) Each affected individual must disclose any financial
interest held by--
(A) that individual;
(B) the spouse, minor child, or partner of that
individual; and
(C) any organization (other than the Council) in
which that individual is serving as an officer,
director, trustee, partner, or employee;
in any harvesting, processing, lobbying, advocacy, or marketing
activity that is being, or will be, undertaken within any
fishery over which the Council concerned has jurisdiction, or
with respect to an individual or organization with a financial
interest in such activity.
(3) The disclosure required under paragraph (2) shall be
made--
(A) in the case of an affected individual referred to
in paragraph (1)(A)(i), before appointment by the
Secretary; and
(B) in the case of an affected individual referred to
in paragraph (1)(A)(ii), within 45 days of taking
office.
(4) An affected individual referred to in paragraph
(1)(A)(ii) must update his or her disclosure form at any time
any such financial interest is acquired, or substantially
changed, by any person referred to in paragraph (2)(A), (B), or
(C).
(5) The financial interest disclosures required by this
subsection shall--
(A) be made on such forms, in accordance with such
procedures, and at such times, as the Secretary shall
by regulation prescribe;
(B) be kept on file by the Council and made available
on the Internet and for public inspection at the
Council offices during reasonable hours; and
(C) be kept on file by the Secretary for use in
reviewing determinations under paragraph (7)(B) and
made available for public inspection at reasonable
hours.
(6) The participation by an affected individual referred to
in paragraph (1)(A)(ii) in an action by a Council during any
time in which that individual is not in compliance with the
regulations prescribed under paragraph (5) may not be treated
as cause for the invalidation of that action.
(7)(A) After the effective date of regulations
promulgated under subparagraph (F) of this paragraph,
an affected individual required to disclose a financial
interest under paragraph (2) shall not vote on a
Council decision which would have a significant and
predictable effect on such financial interest. A
Council decision shall be considered to have a
significant and predictable effect on a financial
interest if there is a close causal link between the
Council decision and an expected and substantially
disproportionate benefit to the financial interest of
the affected individual relative to the financial
interests of other participants in the same gear type
or sector of the fishery. An affected individual who
may not vote may participate in Council deliberations
relating to the decision after notifying the Council of
the voting recusal and identifying the financial
interest that would be affected.
(B) At the request of an affected individual, or upon
the initiative of the appropriate designated official,
the designated official shall make a determination for
the record whether a Council decision would have a
significant and predictable effect on a financial
interest.
(C) Any Council member may submit a written request
to the Secretary to review any determination by the
designated official under subparagraph (B) within 10
days of such determination. Such review shall be
completed within 30 days of receipt of the request.
(D) Any affected individual who does not vote in a
Council decision in accordance with this subsection may
state for the record how he or she would have voted on
such decision if he or she had voted.
(E) If the Council makes a decision before the
Secretary has reviewed a determination under
subparagraph (C), the eventual ruling may not be
treated as cause for the invalidation or
reconsideration by the Secretary of such decision.
(F) The Secretary, in consultation with the Councils
and by not later than one year from the date of
enactment of the Sustainable Fisheries Act, shall
promulgate regulations which prohibit an affected
individual from voting in accordance with subparagraph
(A), and which allow for the making of determinations
under subparagraphs (B) and (C).
(8) Section 208 of title 18, United States Code, does not
apply to an affected individual referred to in paragraph
(1)(A)(ii) during any time in which that individual is in
compliance with the regulations prescribed under paragraph (5).
(9) On January 1, 2008, and annually thereafter, the
Secretary shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on action taken by the
Secretary and the Councils to implement the disclosure of
financial interest and recusal requirements of this subsection,
including identification of any conflict of interest problems
with respect to the Councils and scientific and statistical
committees and recommendations for addressing any such
problems.
(k) Council Training Program.--
(1) Training course.--Within 6 months after the date
of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of
2006, the Secretary, in consultation with the Councils
and the National Sea Grant College Program, shall
develop a training course for newly appointed Council
members. The course may cover a variety of topics
relevant to matters before the Councils, including--
(A) fishery science and basic stock
assessment methods;
(B) fishery management techniques, data
needs, and Council procedures;
(C) social science and fishery economics;
(D) tribal treaty rights and native customs,
access, and other rights related to Western
Pacific indigenous communities;
(E) legal requirements of this Act, including
conflict of interest and disclosure provisions
of this section and related policies;
(F) other relevant legal and regulatory
requirements, including the National
Environmental Policy Act (42 U.S.C. 4321 et
seq.);
(G) public process for development of fishery
management plans;
(H) other topics suggested by the Council;
and
(I) recreational and commercial fishing
information, including fish harvesting
techniques, gear types, fishing vessel types,
and economics for the fisheries within each
Council's jurisdiction.
(2) Member training.--The training course shall be
available to both new and existing Council members,
staff from the regional offices and regional science
centers of the National Marine Fisheries Service, and
may be made available to committee or advisory panel
members as resources allow.
(3) Required training.--Council members appointed
after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act
of 2006 shall complete a training course that meets the
requirements of this section not later than 1 year
after the date on which they were appointed. Any
Council member who has completed a training course
within 24 months before the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 shall be considered to have
met the training requirement of this paragraph.
(l) Council Coordination Committee.--The Councils may
establish a Council coordination committee consisting of the
chairs, vice chairs, and executive directors of each of the 8
Councils described in subsection (a)(1), or other Council
members or staff, in order to discuss issues of relevance to
all Councils, including issues related to the implementation of
this Act.
(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 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.
SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS.
(a) Required Provisions.--Any fishery management plan which
is prepared by any Council, or by the Secretary, with respect
to any fishery, shall--
(1) contain the conservation and management measures,
applicable to foreign fishing and fishing by vessels of
the United States, which are--
(A) necessary and appropriate for the
conservation and management of the fishery, to
prevent overfishing and rebuild [overfished]
depleted stocks, and to protect, restore, and
promote the long-term health and stability of
the fishery;
(B) described in this subsection or
subsection (b), or both; and
(C) consistent with the national standards,
the other provisions of this Act, regulations
implementing recommendations by international
organizations in which the United States
participates (including but not limited to
closed areas, quotas, and size limits), and any
other applicable law;
(2) contain a description of the fishery, including,
but not limited to, the number of vessels involved, the
type and quantity of fishing gear used, the species of
fish involved and their location, the cost likely to be
incurred in management, actual and potential revenues
from the fishery, any recreational interests in the
fishery, and the nature and extent of foreign fishing
and Indian treaty fishing rights, if any;
(3) assess and specify the present and probable
future condition of, and the maximum sustainable yield
and optimum yield from, the fishery, and include a
summary of the information utilized in making such
specification;
(4) assess and specify--
(A) the capacity and the extent to which
fishing vessels of the United States, on an
annual basis, will harvest the optimum yield
specified under paragraph (3),
(B) the portion of such optimum yield which,
on an annual basis, will not be harvested by
fishing vessels of the United States and can be
made available for foreign fishing, and
(C) the capacity and extent to which United
States fish processors, on an annual basis,
will process that portion of such optimum yield
that will be harvested by fishing vessels of
the United States;
(5) specify the pertinent data which shall be
submitted to the Secretary with respect to commercial,
recreational, charter fishing, and fish processing in
the fishery, including, but not limited to, information
regarding the type and quantity of fishing gear used,
catch by species in numbers of fish or weight thereof,
areas in which fishing was engaged in, time of fishing,
number of hauls, economic information necessary to meet
the requirements of this Act, and the estimated
processing capacity of, and the actual processing
capacity utilized by, United States fish processors,
(6) consider and provide for temporary adjustments,
after consultation with the Coast Guard and persons
utilizing the fishery, regarding access to the fishery
for vessels otherwise prevented from harvesting because
of weather or other ocean conditions affecting the safe
conduct of the fishery; except that the adjustment
shall not adversely affect conservation efforts in
other fisheries or discriminate among participants in
the affected fishery;
(7) describe and identify essential fish habitat for
the fishery based on the guidelines established by the
Secretary under section 305(b)(1)(A), minimize to the
extent practicable adverse effects on such habitat
caused by fishing, and identify other actions to
encourage the conservation and enhancement of such
habitat;
(8) in the case of a fishery management plan that,
after January 1, 1991, is submitted to the Secretary
for review under section 304(a) (including any plan for
which an amendment is submitted to the Secretary for
such review) or is prepared by the Secretary, assess
and specify the nature and extent of scientific data
which is needed for effective implementation of the
plan;
[(9) include a fishery impact statement for the plan
or amendment (in the case of a plan or amendment
thereto submitted to or prepared by the Secretary after
October 1, 1990) which shall assess, specify, and
analyze the likely effects, if any, including the
cumulative conservation, economic, and social impacts,
of the conservation and management measures on, and
possible mitigation measures for--
[(A) participants in the fisheries and
fishing communities affected by the plan or
amendment;
[(B) 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
[(C) the safety of human life at sea,
including whether and to what extent such
measures may affect the safety of participants
in the fishery;
[(10)] (9) specify objective and measurable criteria
for identifying when the fishery to which the plan
applies is [overfished] depleted (with an analysis of
how the criteria were determined and the relationship
of the criteria to the reproductive potential of stocks
of fish in that fishery) and, in the case of a fishery
which the Council or the Secretary has determined is
approaching an [overfished] depleted condition or is
[overfished] depleted, contain conservation and
management measures to prevent overfishing or end
overfishing and rebuild the fishery;
[(11)] (10) establish a standardized reporting
methodology to assess the amount and type of bycatch
occurring in the fishery, and include conservation and
management measures that, to the extent practicable and
in the following priority--
(A) minimize bycatch; and
(B) minimize the mortality of bycatch which
cannot be avoided;
[(12)] (11) assess the type and amount of fish caught
and released alive during recreational fishing under
catch and release fishery management programs and the
mortality of such fish, and include conservation and
management measures that, to the extent practicable,
minimize mortality and ensure the extended survival of
such fish;
[(13)] (12) include a description of the commercial,
recreational, and charter fishing sectors which
participate in the fishery, including its economic
impact, and, to the extent practicable, quantify trends
in landings of the managed fishery resource by the
commercial, recreational, and charter fishing sectors;
[(14)] (13) to the extent that rebuilding plans or
other conservation and management measures which reduce
the overall harvest in a fishery are necessary,
allocate, taking into consideration the economic impact
of the harvest restrictions or recovery benefits on the
fishery participants in each sector, any harvest
restrictions or recovery benefits fairly and equitably
among the commercial, recreational, and charter fishing
sectors in the fishery and;
[(15)] (14) establish a mechanism for specifying
annual catch limits in the plan (including a multiyear
plan), implementing regulations, or annual
specifications, at a level such that overfishing does
not occur in the fishery, including measures to ensure
accountability.
(b) Discretionary Provisions.--Any fishery management plan
which is prepared by any Council, or by the Secretary, with
respect to any fishery, may--
(1) require a permit to be obtained from, and fees to
be paid to, the Secretary, with respect to--
(A) any fishing vessel of the United States
fishing, or wishing to fish, in the exclusive
economic zone or for anadromous species or
Continental Shelf fishery resources beyond such
zone;
(B) the operator of any such vessel; or
(C) any United States fish processor who
first receives fish that are subject to the
plan;
(2)(A) designate zones where, and periods when,
fishing shall be limited, or shall not be permitted, or
shall be permitted only by specified types of fishing
vessels or with specified types and quantities of
fishing gear;
(B) designate such zones in areas where deep sea
corals are identified under section 408, to protect
deep sea corals from physical damage from fishing gear
or to prevent loss or damage to such fishing gear from
interactions with deep sea corals, after considering
long-term sustainable uses of fishery resources in such
areas; and
(C) with respect to any closure of an area under this
Act that prohibits all fishing, ensure that such
closure--
(i) is based on the best scientific
information available;
(ii) includes criteria to assess the
conservation benefit of the closed area;
(iii) establishes a timetable for review of
the closed area's performance that is
consistent with the purposes of the closed
area; and
(iv) is based on an assessment of the
benefits and impacts of the closure, including
its size, in relation to other management
measures (either alone or in combination with
such measures), including the benefits and
impacts of limiting access to: users of the
area, overall fishing activity, fishery
science, and fishery and marine conservation;
(3) establish specified limitations which are
necessary and appropriate for the conservation and
management of the fishery on the--
(A) catch of fish (based on area, species,
size, number, weight, sex, bycatch, total
biomass, or other factors);
(B) sale of fish caught during commercial,
recreational, or charter fishing, consistent
with any applicable Federal and State safety
and quality requirements; and
(C) transshipment or transportation of fish
or fish products under permits issued pursuant
to section 204;
(4) prohibit, limit, condition, or require the use of
specified types and quantities of fishing gear, fishing
vessels, or equipment for such vessels, including
devices which may be required to facilitate enforcement
of the provisions of this Act;
(5) incorporate (consistent with the national
standards, the other provisions of this Act, and any
other applicable law) the relevant fishery conservation
and management measures of the coastal States nearest
to the fishery and take into account the different
circumstances affecting fisheries from different States
and ports, including distances to fishing grounds and
proximity to time and area closures;
(6) establish a limited access system for the fishery
in order to achieve optimum yield if, in developing
such system, the Council and the Secretary take into
account--
(A) present participation in the fishery;
(B) historical fishing practices in, and
dependence on, the fishery;
(C) the economics of the fishery;
(D) the capability of fishing vessels used in
the fishery to engage in other fisheries;
(E) the cultural and social framework
relevant to the fishery and any affected
fishing communities;
(F) the fair and equitable distribution of
access privileges in the fishery; and
(G) any other relevant considerations;
(7) require fish processors who first receive fish
that are subject to the plan to submit data which are
necessary for the conservation and management of the
fishery;
(8) require that one or more observers be carried on
board a vessel of the United States engaged in fishing
for species that are subject to the plan, for the
purpose of collecting data necessary for the
conservation and management of the fishery; except that
such a vessel shall not be required to carry an
observer on board if the facilities of the vessel for
the quartering of an observer, or for carrying out
observer functions, are so inadequate or unsafe that
the health or safety of the observer or the safe
operation of the vessel would be jeopardized;
(9) assess and specify the effect which the
conservation and management measures of the plan will
have on the stocks of naturally spawning anadromous
fish in the region;
(10) include, consistent with the other provisions of
this Act, conservation and management measures that
provide harvest incentives for participants within each
gear group to employ fishing practices that result in
lower levels of bycatch or in lower levels of the
mortality of bycatch;
(11) reserve a portion of the allowable biological
catch of the fishery for use in scientific research;
(12) include management measures in the plan to
conserve target and non-target species and habitats,
considering the variety of ecological factors affecting
fishery populations; and
(14) prescribe such other measures, requirements, or
conditions and restrictions as are determined to be
necessary and appropriate for the conservation and
management of the fishery.
(c) Proposed Regulations.--Proposed regulations which the
Council deems necessary or appropriate for the purposes of--
(1) implementing a fishery management plan or plan
amendment shall be submitted to the Secretary
simultaneously with the plan or amendment under section
304; and
(2) making modifications to regulations implementing
a fishery management plan or plan amendment may be
submitted to the Secretary at any time after the plan
or amendment is approved under section 304.
(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.
SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) In General.--After the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act
of 2006, a Council may submit, and the Secretary may approve,
for a fishery that is managed under a limited access system, a
limited access privilege program to harvest fish if the program
meets the requirements of this section.
(b) No Creation of Right, Title, or Interest.--Limited access
privilege, quota share, or other limited access system
authorization established, implemented, or managed under this
Act--
(1) shall be considered a permit for the purposes of
sections 307, 308, and 309;
(2) may be revoked, limited, or modified at any time
in accordance with this Act, including revocation if
the system is found to have jeopardized the
sustainability of the stock or the safety of fishermen;
(3) shall not confer any right of compensation to the
holder of such limited access privilege, quota share,
or other such limited access system authorization if it
is revoked, limited, or modified;
(4) shall not create, or be construed to create, any
right, title, or interest in or to any fish before the
fish is harvested by the holder; and
(5) shall be considered a grant of permission to the
holder of the limited access privilege or quota share
to engage in activities permitted by such limited
access privilege or quota share.
(c) Requirements for Limited Access Privileges.--
(1) In general.--Any limited access privilege program
to harvest fish submitted by a Council or approved by
the Secretary under this section shall--
(A) if established in a fishery that is
[overfished] depleted or subject to a
rebuilding plan, assist in its rebuilding;
(B) if established in a fishery that is
determined by the Secretary or the Council to
have over-capacity, contribute to reducing
capacity;
(C) promote--
(i) fishing safety;
(ii) fishery conservation and
management; and
(iii) social and economic benefits;
(D) prohibit any person other than a United
States citizen, a corporation, partnership, or
other entity established under the laws of the
United States or any State, or a permanent
resident alien, that meets the eligibility and
participation requirements established in the
program from acquiring a privilege to harvest
fish, including any person that acquires a
limited access privilege solely for the purpose
of perfecting or realizing on a security
interest in such privilege;
(E) require that all fish harvested under a
limited access privilege program be processed
on vessels of the United States or on United
States soil (including any territory of the
United States);
(F) specify the goals of the program;
(G) include provisions for the regular
monitoring and review by the Council and the
Secretary of the operations of the program,
including determining progress in meeting the
goals of the program and this Act, and any
necessary modification of the program to meet
those goals, with a formal and detailed review
5 years after the implementation of the program
and thereafter to coincide with scheduled
Council review of the relevant fishery
management plan (but no less frequently than
once every 7 years);
(H) include an effective system for
enforcement, monitoring, and management of the
program, including the use of observers or
electronic monitoring systems;
(I) include an appeals process for
administrative review of the Secretary's
decisions regarding initial allocation of
limited access privileges;
(J) provide for the establishment by the
Secretary, in consultation with appropriate
Federal agencies, for an information collection
and review process to provide any additional
information needed to determine whether any
illegal acts of anti-competition, anti-trust,
price collusion, or price fixing have occurred
among regional fishery associations or persons
receiving limited access privileges under the
program; and
(K) provide for the revocation by the
Secretary of limited access privileges held by
any person found to have violated the antitrust
laws of the United States.
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1)(E) if the Secretary determines that--
(A) the fishery has historically processed
the fish outside of the United States; and
(B) the United States has a seafood safety
equivalency agreement with the country where
processing will occur.
(3) Fishing communities.--
(A) In general.--
(i) Eligibility.--To be eligible to
participate in a limited access
privilege program to harvest fish, a
fishing community shall--
(I) be located within the
management area of the relevant
Council;
(II) meet criteria developed
by the relevant Council,
approved by the Secretary, and
published in the Federal
Register;
(III) consist of residents
who conduct commercial or
recreational fishing,
processing, or fishery-
dependent support businesses
within the Council's management
area; and
(IV) develop and submit a
community sustainability plan
to the Council and the
Secretary that demonstrates how
the plan will address the
social and economic development
needs of coastal communities,
including those that have not
historically had the resources
to participate in the fishery,
for approval based on criteria
developed by the Council that
have been approved by the
Secretary and published in the
Federal Register.
(ii) Failure to comply with plan.--
The Secretary shall deny or revoke
limited access privileges granted under
this section for any person who fails
to comply with the requirements of the
community sustainability plan. Any
limited access privileges denied or
revoked under this section may be
reallocated to other eligible members
of the fishing community.
(B) Participation criteria.--In developing
participation criteria for eligible communities
under this paragraph, a Council shall
consider--
(i) traditional fishing or processing
practices in, and dependence on, the
fishery;
(ii) the cultural and social
framework relevant to the fishery;
(iii) economic barriers to access to
fishery;
(iv) the existence and severity of
projected economic and social impacts
associated with implementation of
limited access privilege programs on
harvesters, captains, crew, processors,
and other businesses substantially
dependent upon the fishery in the
region or subregion;
(v) the expected effectiveness,
operational transparency, and
equitability of the community
sustainability plan; and
(vi) the potential for improving
economic conditions in remote coastal
communities lacking resources to
participate in harvesting or processing
activities in the fishery.
(4) Regional fishery associations.--
(A) In general.--To be eligible to
participate in a limited access privilege
program to harvest fish, a regional fishery
association shall--
(i) be located within the management
area of the relevant Council;
(ii) meet criteria developed by the
relevant Council, approved by the
Secretary, and published in the Federal
Register;
(iii) be a voluntary association,
among willing parties with established
by-laws and operating procedures;
(iv) consist of participants in the
fishery who hold quota share that are
designated for use in the specific
region or subregion covered by the
regional fishery association, including
commercial or recreational fishing,
processing, fishery-dependent support
businesses, or fishing communities;
(v) not be eligible to receive an
initial allocation of a limited access
privilege but may acquire such
privileges after the initial
allocation, and may hold the annual
fishing privileges of any limited
access privileges it holds or the
annual fishing privileges that is
members contribute; and
(vi) develop and submit a regional
fishery association plan to the Council
and the Secretary for approval based on
criteria developed by the Council that
have been approved by the Secretary and
published in the Federal Register.
(B) Failure to comply with plan.--The
Secretary shall deny or revoke limited access
privileges granted under this section to any
person participating in a regional fishery
association who fails to comply with the
requirements of the regional fishery
association plan.
(C) Participation criteria.--In developing
participation criteria for eligible regional
fishery associations under this paragraph, a
Council shall consider--
(i) traditional fishing or processing
practices in, and dependence on, the
fishery;
(ii) the cultural and social
framework relevant to the fishery;
(iii) economic barriers to access to
fishery;
(iv) the existence and severity of
projected economic and social impacts
associated with implementation of
limited access privilege programs on
harvesters, captains, crew, processors,
and other businesses substantially
dependent upon the fishery in the
region or subregion;
(v) the administrative and fiduciary
soundness of the association; and
(vi) the expected effectiveness,
operational transparency, and
equitability of the fishery association
plan.
(5) Allocation.--In developing a limited access
privilege program to harvest fish a Council or the
Secretary shall--
(A) establish procedures to ensure fair and
equitable initial allocations, including
consideration of--
(i) current and historical harvests;
(ii) employment in the harvesting and
processing sectors;
(iii) investments in, and dependence
upon, the fishery; and
(iv) the current and historical
participation of fishing communities;
(B) consider the basic cultural and social
framework of the fishery, especially through--
(i) the development of policies to
promote the sustained participation of
small owner-operated fishing vessels
and fishing communities that depend on
the fisheries, including regional or
port-specific landing or delivery
requirements; and
(ii) procedures to address concerns
over excessive geographic or other
consolidation in the harvesting or
processing sectors of the fishery;
(C) include measures to assist, when
necessary and appropriate, entry-level and
small vessel owner-operators, captains, crew,
and fishing communities through set-asides of
harvesting allocations, including providing
privileges, which may include set-asides or
allocations of harvesting privileges, or
economic assistance in the purchase of limited
access privileges;
(D) ensure that limited access privilege
holders do not acquire an excessive share of
the total limited access privileges in the
program by--
(i) establishing a maximum share,
expressed as a percentage of the total
limited access privileges, that a
limited access privilege holder is
permitted to hold, acquire, or use; and
(ii) establishing any other
limitations or measures necessary to
prevent an inequitable concentration of
limited access privileges; and
(E) authorize limited access privileges to
harvest fish to be held, acquired, used by, or
issued under the system to persons who
substantially participate in the fishery,
including in a specific sector of such fishery,
as specified by the Council.
(6) Program initiation.--
(A) Limitation.--Except as provided in
subparagraph (D), a Council may initiate a
fishery management plan or amendment to
establish a limited access privilege program to
harvest fish on its own initiative or if the
Secretary has certified an appropriate
petition.
(B) Petition.--A group of fishermen
constituting more than 50 percent of the permit
holders, or holding more than 50 percent of the
allocation, in the fishery for which a limited
access privilege program to harvest fish is
sought, may submit a petition to the Secretary
requesting that the relevant Council or
Councils with authority over the fishery be
authorized to initiate the development of the
program. Any such petition shall clearly state
the fishery to which the limited access
privilege program would apply. For multispecies
permits in the Gulf of Mexico, only those
participants who have substantially fished the
species proposed to be included in the limited
access program shall be eligible to sign a
petition for such a program and shall serve as
the basis for determining the percentage
described in the first sentence of this
subparagraph.
(C) Certification by secretary.--Upon the
receipt of any such petition, the Secretary
shall review all of the signatures on the
petition and, if the Secretary determines that
the signatures on the petition represent more
than 50 percent of the permit holders, or
holders of more than 50 percent of the
allocation in the fishery, as described by
subparagraph (B), the Secretary shall certify
the petition to the appropriate Council or
Councils.
[(D) New england and gulf referendum.--
[(i) Except as provided in clause
(iii) for the Gulf of Mexico commercial
red snapper fishery, the New England
and Gulf Councils may not submit, and
the Secretary may not approve or
implement, a fishery management plan or
amendment that creates an individual
fishing quota program, including a
Secretarial plan, unless such a system,
as ultimately developed, has been
approved by more than \2/3\ of those
voting in a referendum among eligible
permit holders, or other persons
described in clause (v), with respect
to the New England Council, and by a
majority of those voting in the
referendum among eligible permit
holders with respect to the Gulf
Council. For multispecies permits in
the Gulf of Mexico, only those
participants who have substantially
fished the species proposed to be
included in the individual fishing
quota program shall be eligible to vote
in such a referendum. If an individual
fishing quota program fails to be
approved by the requisite number of
those voting, 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 persons
eligible to participate in the
referendum and making available to them
information concerning the schedule,
procedures, and eligibility
requirements for the referendum process
and the proposed individual fishing
quota program. Within 1 year after the
date of enactment of the Magnuson-
Stevens Fishery Conservation and
Management Reauthorization Act of 2006,
the Secretary shall publish guidelines
and procedures to determine procedures
and voting eligibility requirements for
referenda and to conduct such referenda
in a fair and equitable manner.
[(iii) The provisions of section
407(c) of this Act shall apply in lieu
of this subparagraph for an individual
fishing quota program for the Gulf of
Mexico commercial red snapper fishery.
[(iv) Chapter 35 of title 44, United
States Code, (commonly known as the
Paperwork Reduction Act) does not apply
to the referenda conducted under this
subparagraph.
[(v) The Secretary shall promulgate
criteria for determining whether
additional fishery participants are
eligible to vote in the New England
referendum described in clause (i) in
order to ensure that crew members who
derive a significant percentage of
their total income from the fishery
under the proposed program are eligible
to vote in the referendum.
[(vi) In this subparagraph, the term
``individual fishing quota'' does not
include a sector allocation.]
(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.
(7) Transferability.--In establishing a limited
access privilege program, a Council shall--
(A) establish a policy and criteria for the
transferability of limited access privileges
(through sale or lease), that is consistent
with the policies adopted by the Council for
the fishery under paragraph (5); and
(B) establish, in coordination with the
Secretary, a process for monitoring of
transfers (including sales and leases) of
limited access privileges.
(8) Preparation and implementation of secretarial
plans.--This subsection also applies to a plan prepared
and implemented by the Secretary under section 304(c)
or 304(g).
(9) Antitrust savings clause.--Nothing in this Act
shall be construed to modify, impair, or supersede the
operation of any of the antitrust laws. For purposes of
the preceding sentence, the term ``antitrust laws'' has
the meaning given such term in subsection (a) of the
first section of the Clayton Act, except that such term
includes section 5 of the Federal Trade Commission Act
to the extent that such section 5 applies to unfair
methods of competition.
(d) Auction and Other Programs.--In establishing a limited
access privilege program, a Council shall consider, and may
provide, if appropriate, an auction system or other program to
collect royalties for the initial, or any subsequent,
distribution of allocations in a limited access privilege
program if--
(1) the system or program is administered in such a
way that the resulting distribution of limited access
privilege shares meets the program requirements of this
section; and
(2) revenues generated through such a royalty program
are deposited in the Limited Access System
Administration Fund established by section 305(h)(5)(B)
and available subject to annual appropriations.
(e) Cost Recovery.--In establishing a limited access
privilege program, a Council shall--
(1) develop a methodology and the means to identify
and assess the management, data collection and
analysis, and enforcement programs that are directly
related to and in support of the program; and
(2) provide, under section 304(d)(2), for a program
of fees paid by limited access privilege holders that
will cover the costs of management, data collection and
analysis, and enforcement activities.
(f) Characteristics.--A limited access privilege established
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 is a
permit issued for a period of not more than 10 years that--
(1) will be renewed before the end of that period,
unless it has been revoked, limited, or modified as
provided in this subsection;
(2) will be revoked, limited, or modified if the
holder is found by the Secretary, after notice and an
opportunity for a hearing under section 554 of title 5,
United States Code, to have failed to comply with any
term of the plan identified in the plan as cause for
revocation, limitation, or modification of a permit,
which may include conservation requirements established
under the plan;
(3) may be revoked, limited, or modified if the
holder is found by the Secretary, after notice and an
opportunity for a hearing under section 554 of title 5,
United States Code, to have committed an act prohibited
by section 307 of this Act; and
(4) may be acquired, or reacquired, by participants
in the program under a mechanism established by the
Council if it has been revoked, limited, or modified
under paragraph (2) or (3).
(g) Limited Access Privilege Assisted Purchase Program.--
(1) In general.--A Council may submit, and the
Secretary may approve and implement, a program which
reserves up to 25 percent of any fees collected from a
fishery under section 304(d)(2) to be used, pursuant to
section 53706(a)(7) of title 46, United States Code, to
issue obligations that aid in financing--
(A) the purchase of limited access privileges
in that fishery by fishermen who fish from
small vessels; and
(B) the first-time purchase of limited access
privileges in that fishery by entry level
fishermen.
(2) Eligibility criteria.--A Council making a
submission under paragraph (1) shall recommend
criteria, consistent with the provisions of this Act,
that a fisherman must meet to qualify for guarantees
under subparagraphs (A) and (B) of paragraph (1) and
the portion of funds to be allocated for guarantees
under each subparagraph.
(h) Effect on Certain Existing Shares and Programs.--Nothing
in this Act, or the amendments made by the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2006, shall be construed to require a reallocation or a
reevaluation of individual quota shares, processor quota
shares, cooperative programs, or other quota programs,
including sector allocation in effect before the date of
enactment of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006.
(i) Transition Rules.--The requirements of this section shall
not apply to any quota program, including any individual quota
program, cooperative program, or sector allocation for which a
Council has taken final action or which has been submitted by a
Council to the Secretary, or approved by the Secretary, within
6 months after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2006, except that--
(1) the requirements of section 303(d) of this Act in
effect on the day before the date of enactment of that
Act shall apply to any such program;
(2) the program shall be subject to review under
subsection (c)(1)(G) of this section not later than 5
years after the program implementation; and
(3) nothing in this subsection precludes a Council
from incorporating criteria contained in this section
into any such plans.
SEC. 304. ACTION BY THE SECRETARY.
(a) Review of Plans.--
(1) Upon transmittal by the Council to the Secretary
of a fishery management plan or plan amendment, the
Secretary shall--
(A) immediately commence a review of the plan
or amendment to determine whether it is
consistent with the national standards, the
other provisions of this Act, and any other
applicable law; and
(B) immediately publish in the Federal
Register a notice stating that the plan or
amendment is available and that written
information, views, or comments of interested
persons on the plan or amendment may be
submitted to the Secretary during the 60-day
period beginning on the date the notice is
published.
(2) In undertaking the review required under
paragraph (1), the Secretary shall--
(A) take into account the information, views,
and comments received from interested persons;
(B) consult with the Secretary of State with
respect to foreign fishing; [and]
(C) consult with the Secretary of the
department in which the Coast Guard is
operating with respect to enforcement at sea
and to fishery access adjustments referred to
in section 303(a)(6)[.]; and
(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) The Secretary shall approve, disapprove, or
partially approve a plan or amendment within 30 days of
the end of the comment period under paragraph (1) by
written notice to the Council. A notice of disapproval
or partial approval shall specify--
(A) the applicable law with which the plan or
amendment is inconsistent;
(B) the nature of such inconsistencies; and
(C) recommendations concerning the actions
that could be taken by the Council to conform
such plan or amendment to the requirements of
applicable law.
If the Secretary does not notify a Council within 30
days of the end of the comment period of the approval,
disapproval, or partial approval of a plan or
amendment, then such plan or amendment shall take
effect as if approved.
(4) If the Secretary disapproves or partially
approves a plan or amendment, the Council may submit a
revised plan or amendment to the Secretary for review
under this subsection.
(5) For purposes of this subsection and subsection
(b), the ``term immediately'' means on or before the
5th day after the day on which a Council transmits to
the Secretary a fishery management plan, plan
amendment, or proposed regulation that the Council
characterizes as final.
(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. Within 15
days of initiating such evaluation the Secretary shall
make a determination and--] 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--
(A) if that determination is affirmative, the
Secretary shall publish such regulations in the
Federal Register, with such technical changes
as may be necessary for clarity and an
explanation of those changes, for a public
comment period of 15 to 60 days; or
(B) if that determination is negative, the
Secretary shall notify the Council in writing
of the inconsistencies and provide
recommendations on revisions that would make
the proposed regulations consistent with the
fishery management plan, plan amendment, this
Act, and other applicable law.
(2) Upon receiving a notification under paragraph
(1)(B), the Council may revise the proposed regulations
and submit them to the Secretary for reevaluation under
paragraph (1).
(3) The Secretary shall promulgate final regulations
within 30 days after the end of the comment period
under paragraph (1)(A). The Secretary shall consult
with the Council before making any revisions to the
proposed regulations, and must publish in the Federal
Register an explanation of any differences between the
proposed and final regulations.
(c) Preparation and Review of Secretarial Plans.--(1) The
Secretary may prepare a fishery management plan, with respect
to any fishery, or any amendment to any such plan, in
accordance with the national standards, the other provisions of
this Act, and any other applicable law, if--
(A) the appropriate Council fails to develop and
submit to the Secretary, after a reasonable period of
time, a fishery management plan for such fishery, or
any necessary amendment to such a plan, if such fishery
requires conservation and management;
(B) the Secretary disapproves or partially
disapproves any such plan or amendment, or disapproves
a revised plan or amendment, and the Council involved
fails to submit a revised or further revised plan or
amendment; or
(C) the Secretary is given authority to
prepare such plan or amendment under this
section.
(2) In preparing any plan or amendment under this
subsection, the Secretary shall--
(A) conduct public hearings, at appropriate
times and locations in the geographical areas
concerned, so as to allow interested persons an
opportunity to be heard in the preparation and
amendment of the plan and any regulations
implementing the plan; and
(B) consult with the Secretary of State with
respect to foreign fishing and with the
Secretary of the department in which the Coast
Guard is operating with respect to enforcement
at sea.
(3) Notwithstanding paragraph (1) for a fishery under the
authority of a Council, the Secretary may not include in any
fishery management plan, or any amendment to any such plan,
prepared by him, a provision establishing a limited access
system, including any limited access privilege program, unless
such system is first approved by a majority of the voting
members, present and voting, of each appropriate Council.
(4) Whenever the Secretary prepares a fishery
management plan or plan amendment under this section,
the Secretary shall immediately--
(A) for a plan or amendment for a fishery
under the authority of a Council, submit such
plan or amendment to the appropriate Council
for consideration and comment; and
(B) publish in the Federal Register a notice
stating that the plan or amendment is available
and that written information, views, or
comments of interested persons on the plan or
amendment may be submitted to the Secretary
during the 60-day period beginning on the date
the notice is published.
(5) Whenever a plan or amendment is submitted under
paragraph (4)(A), the appropriate Council must submit
its comments and recommendations, if any, regarding the
plan or amendment to the Secretary before the close of
the 60-day period referred to in paragraph (4)(B).
After the close of such 60-day period, the Secretary,
after taking into account any such comments and
recommendations, as well as any views, information, or
comments submitted under paragraph (4)(B), may adopt
such plan or amendment.
(6) The Secretary may propose regulations in the
Federal Register to implement any plan or amendment
prepared by the Secretary. In the case of a plan or
amendment to which paragraph (4)(A) applies, such
regulations shall be submitted to the Council with such
plan or amendment. The comment period on proposed
regulations shall be 60 days, except that the Secretary
may shorten the comment period on minor revisions to
existing regulations.
(7) The Secretary shall promulgate final regulations
within 30 days after the end of the comment period
under paragraph (6). The Secretary must publish in the
Federal Register an explanation of any substantive
differences between the proposed and final rules. All
final regulations must be consistent with the fishery
management plan, with the national standards and other
provisions of this Act, and with any other applicable
law.
(d) Establishment of Fees.--(1) The Secretary shall by
regulation establish the level of any fees which are authorized
to be charged pursuant to section 303(b)(1). The Secretary may
enter into a cooperative agreement with the States concerned
under which the States administer the permit system and the
agreement may provide that all or part of the fees collected
under the system shall accrue to the States. The level of fees
charged under this subsection shall not exceed the
administrative costs incurred in issuing the permits.
(2)(A) Notwithstanding paragraph (1), the Secretary
is authorized and shall collect a fee to recover the
actual costs directly related to the management, data
collection, and enforcement of any--
(i) limited access privilege program; and
(ii) community development quota program that
allocates a percentage of the total allowable
catch of a fishery to such program.
(B) Such fee shall not exceed 3 percent of the ex-
vessel value of fish harvested under any such program,
and shall be collected at either the time of the
landing, filing of a landing report, or sale of such
fish during a fishing season or in the last quarter of
the calendar year in which the fish is harvested.
(C)(i) Fees collected under this paragraph shall be
in addition to any other fees charged under this Act
and shall be deposited in the Limited Access System
Administration Fund established under section
305(h)(5)(B).
(ii) Upon application by a State, the Secretary shall
transfer to such State up to 33 percent of any fee
collected pursuant to subparagraph (A) under a
community development quota program and deposited in
the Limited Access System Administration Fund in order
to reimburse such State for actual costs directly
incurred in the management and enforcement of such
program.
(e) Rebuilding [Overfished] Depleted Fisheries.--
(1) The Secretary shall report annually to the
Congress and the Councils on the status of fisheries
within each Council's geographical area of authority
and identify those fisheries that are [overfished]
depleted or are approaching a condition of being
[overfished] depleted. For those fisheries managed
under a fishery management plan or international
agreement, the status shall be determined using the
criteria for overfishing specified in such plan or
agreement. A fishery shall be classified as approaching
a condition of being [overfished] depleted if, based on
trends in fishing effort, fishery resource size, and
other appropriate factors, the Secretary estimates that
the fishery will become [overfished] depleted within
two years. 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.
(2) If the Secretary determines at any time that a
fishery is [overfished] depleted, the Secretary shall
immediately notify the appropriate Council and request
that action be taken to end overfishing in the fishery
and to implement conservation and management measures
to rebuild affected stocks of fish. The Secretary shall
publish each notice under this paragraph in the Federal
Register.
(3) Within 2 years after an identification under
paragraph (1) or notification under paragraphs (2) or
(7), the appropriate Council (or the Secretary, for
fisheries under section 302(a)(3)) shall prepare and
implement a fishery management plan, plan amendment, or
proposed regulations for the fishery to which the
identification or notice applies--
(A) to end overfishing immediately in the
fishery and to rebuild affected stocks of fish;
or
(B) to prevent overfishing from occurring in
the fishery whenever such fishery is identified
as approaching an [overfished] depleted
condition.
(4) For a fishery that is [overfished] depleted, any
fishery management plan, amendment, or proposed
regulations prepared pursuant to paragraph (3) or
paragraph (5) for such fishery shall--
(A) specify a time period for rebuilding the
fishery that shall--
(i) be as short as [possible]
practicable, taking into account the
status and biology of any [overfished]
depleted stocks of fish, the needs of
fishing communities, recommendations by
international organizations in which
the United States participates, and the
interaction of the [overfished]
depleted stock of fish within the
marine ecosystem; and
[(ii) not exceed 10 years, except in
cases where 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) 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;
(B) take into account environmental condition
including predator/prey relationships;
[(B)] (C) allocate both overfishing
restrictions and recovery benefits fairly and
equitably among sectors of the fishery; [and]
[(C)] (D) for fisheries managed under an
international agreement, reflect traditional
participation in the fishery, relative to other
nations, by fishermen of the United States[.];
and
(E) specify a schedule for reviewing the
rebuilding targets, evaluating environmental
impacts on rebuilding progress, and evaluating
progress being made toward reaching rebuilding
targets.
(5) If, within the 2-year period beginning on the
date of identification or notification that a fishery
is [overfished] depleted, the Council does not submit
to the Secretary a fishery management plan, plan
amendment, or proposed regulations required by
paragraph (3)(A), the Secretary shall prepare a fishery
management plan or plan amendment and any accompanying
regulations to stop overfishing and rebuild affected
stocks of fish within 9 months under subsection (c).
(6) During the development of a fishery management
plan, a plan amendment, or proposed regulations
required by this subsection, the Council may request
the Secretary to implement interim measures to reduce
overfishing under section 305(c) until such measures
can be replaced by such plan, amendment, or
regulations. Such measures, if otherwise in compliance
with the provisions of this Act, may be implemented
even though they are not sufficient by themselves to
stop overfishing of a fishery.
(7) The Secretary shall review any fishery management
plan, plan amendment, or regulations required by this
subsection at routine intervals that may not exceed two
years. If the Secretary finds as a result of the review
that such plan, amendment, or regulations have not
resulted in adequate progress toward ending overfishing
and rebuilding affected fish stocks, the Secretary
shall--
(A) in the case of a fishery to which section
302(a)(3) applies, immediately make revisions
necessary to achieve adequate progress; or
(B) for all other fisheries, immediately
notify the appropriate Council. Such
notification shall recommend further
conservation and management measures which the
Council should consider under paragraph (3) to
achieve adequate progress.
(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.
(f) Miscellaneous Duties.--(1) Except as provided in
paragraph (3), if any fishery extends beyond the geographical
area of authority of any one Council, the Secretary may--
(A) designate which Council shall prepare the fishery
management plan for such fishery and any amendment to
such plan; or
(B) may require that the plan and amendment be
prepared jointly by the Councils concerned.
No jointly prepared plan or amendment may be submitted to the
Secretary unless it is approved by a majority of the voting
members, present and voting, of each Council concerned.
(2) The Secretary shall establish the boundaries between the
geographical areas of authority of adjacent Councils.
(g) Atlantic Highly Migratory Species.--(1) Preparation and
implementation of plan or plan amendment.--The Secretary shall
prepare a fishery management plan or plan amendment under
subsection (c) with respect to any highly migratory species
fishery to which section 302(a)(3) applies. In preparing and
implementing any such plan or amendment, the Secretary shall--
(A) consult with and consider the comments and views
of affected Councils, commissioners and advisory groups
appointed under Acts implementing relevant
international fishery agreements pertaining to highly
migratory species, and the advisory panel established
under section 302(g);
(B) establish an advisory panel under section 302(g)
for each fishery management plan to be prepared under
this paragraph;
(C) evaluate the likely effects, if any, of
conservation and management measures on participants in
the affected fisheries and minimize, to the extent
practicable, any disadvantage to United States
fishermen in relation to foreign competitors;
(D) with respect to a highly migratory species for
which the United States is authorized to harvest an
allocation, quota, or at a fishing mortality level
under a relevant international fishery agreement,
provide fishing vessels of the United States with a
reasonable opportunity to harvest such allocation,
quota, or at such fishing mortality level;
(E) review, on a continuing basis (and promptly
whenever a recommendation pertaining to fishing for
highly migratory species has been made under a relevant
international fishery agreement), and revise as
appropriate, the conservation and management measures
included in the plan;
(F) diligently pursue, through international entities
(such as the International Commission for the
Conservation of Atlantic Tunas), comparable
international fishery management measures with respect
to fishing for highly migratory species; and
(G) ensure that conservation and management measures
under this subsection--
(i) promote international conservation of the
affected fishery;
(ii) take into consideration traditional
fishing patterns of fishing vessels of the
United States and the operating requirements of
the fisheries;
(iii) are fair and equitable in allocating
fishing privileges among United States
fishermen and do not have economic allocation
as the sole purpose; and
(iv) promote, to the extent practicable,
implementation of scientific research programs
that include the tagging and release of
Atlantic highly migratory species.
(2) Certain fish excluded from ``bycatch'' definition.--
Notwithstanding section 3(2), fish harvested in a commercial
fishery managed by the Secretary under this subsection or the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d), or
highly migratory species harvested in a commercial fishery
managed by a Council under this Act or the Western and Central
Pacific Fisheries Convention Implementation Act, that are not
regulatory discards and that are tagged and released alive
under a scientific tagging and release program established by
the Secretary shall not be considered bycatch for purposes of
this Act.
(h) Repeal or Revocation of a Fishery Management Plan.--The
Secretary may repeal or revoke a fishery management plan for a
fishery under the authority of a Council only if the Council
approves the repeal or revocation by a three-quarters majority
of the voting members of the Council.
(i) Environmental Review Process.--
(1) Procedures.--The Secretary shall, in consultation
with the Councils and the Council on Environmental
Quality, revise and update agency procedures for
compliance with the National Environmental Policy Act
(42 U.S.C. 4231 et seq.). The procedures shall--
(A) conform to the time lines for review and
approval of fishery management plans and plan
amendments under this section; and
(B) integrate applicable environmental
analytical procedures, including the time
frames for public input, with the procedure for
the preparation and dissemination of fishery
management plans, plan amendments, and other
actions taken or approved pursuant to this Act
in order to provide for timely, clear and
concise analysis that is useful to decision
makers and the public, reduce extraneous
paperwork, and effectively involve the public.
(2) Usage.--The updated agency procedures promulgated
in accordance with this section used by the Councils or
the Secretary shall be the sole environmental impact
assessment procedure for fishery management plans,
amendments, regulations, or other actions taken or
approved pursuant to this Act.
(3) Schedule for promulgation of final procedures.--
The Secretary shall--
(A) propose revised procedures within 6
months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006;
(B) provide 90 days for public review and
comments; and
(C) promulgate final procedures no later than
12 months after the date of enactment of that
Act.
(4) Public participation.--The Secretary is
authorized and directed, in cooperation with the
Council on Environmental Quality and the Councils, to
involve the affected public in the development of
revised procedures, including workshops or other
appropriate means of public involvement.
[(i)] (j) International Overfishing.--The provisions of this
subsection shall apply in lieu of subsection (e) to a fishery
that the Secretary determines is [overfished] depleted or
approaching a condition of being [overfished] depleted due to
excessive international fishing pressure, and for which there
are no management measures to end overfishing under an
international agreement to which the United States is a party.
For such fisheries--
(1) the Secretary, in cooperation with the Secretary
of State, shall immediately take appropriate action at
the international level to end the overfishing; and
(2) within 1 year after the Secretary's
determination, the appropriate Council, or Secretary,
for fisheries under section 302(a)(3) shall--
(A) develop recommendations for domestic
regulations to address the relative impact of
fishing vessels of the United States on the
stock and, if developed by a Council, the
Council shall submit such recommendations to
the Secretary; and
(B) develop and submit recommendations to the
Secretary of State, and to the Congress, for
international actions that will end overfishing
in the fishery and rebuild the affected stocks,
taking into account the relative impact of
vessels of other nations and vessels of the
United States on the relevant stock.
(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. 305. OTHER REQUIREMENTS AND AUTHORITY.
(a) Gear Evaluation and Notification of Entry.--
(1) Not later than 18 months after the date of
enactment of the Sustainable Fisheries Act, the
Secretary shall publish in the Federal Register, after
notice and an opportunity for public comment, a list of
all fisheries--
(A) under the authority of each Council and
all fishing gear used in such fisheries, based
on information submitted by the Councils under
section 303(a); and
(B) to which section 302(a)(3) applies and
all fishing gear used in such fisheries.
(2) The Secretary shall include with such list
guidelines for determining when fishing gear or a
fishery is sufficiently different from those listed as
to require notification under paragraph (3).
(3) Effective 180 days after the publication of such
list, no person or vessel may employ fishing gear or
engage in a fishery not included on such list without
giving 90 days advance written notice to the
appropriate Council, or the Secretary with respect to a
fishery to which section 302(a)(3) applies. A signed
return receipt shall serve as adequate evidence of such
notice and as the date upon which the 90-day period
begins.
(4) A Council may submit to the Secretary any
proposed changes to such list or such guidelines the
Council deems appropriate. The Secretary shall publish
a revised list, after notice and an opportunity for
public comment, upon receiving any such proposed
changes from a Council.
(5) A Council may request the Secretary to promulgate
emergency regulations under subsection (c) to prohibit
any persons or vessels from using an unlisted fishing
gear or engaging in an unlisted fishery if the
appropriate Council, or the Secretary for fisheries to
which section 302(a)(3) applies, determines that such
unlisted gear or unlisted fishery would compromise the
effectiveness of conservation and management efforts
under this Act.
(6) Nothing in this subsection shall be construed to
permit a person or vessel to engage in fishing or
employ fishing gear when such fishing or gear is
prohibited or restricted by regulation under a fishery
management plan or plan amendment, or under other
applicable law.
(b) Fish Habitat.--(1)(A) The Secretary shall, within 6
months of the date of enactment of the Sustainable Fisheries
Act, establish by regulation guidelines to assist the Councils
in the description and identification of essential fish habitat
in fishery management plans (including adverse impacts on such
habitat) and in the consideration of actions to ensure the
conservation and enhancement of such habitat. The Secretary
shall set forth a schedule for the amendment of fishery
management plans to include the identification of essential
fish habitat and for the review and updating of such
identifications based on new scientific evidence or other
relevant information.
(B) The Secretary, in consultation with participants in the
fishery, shall provide each Council with recommendations and
information regarding each fishery under that Council's
authority to assist it in the identification of essential fish
habitat, the adverse impacts on that habitat, and the actions
that should be considered to ensure the conservation and
enhancement of that habitat.
(C) The Secretary shall review programs administered by the
Department of Commerce and ensure that any relevant programs
further the conservation and enhancement of essential fish
habitat.
(D) The Secretary shall coordinate with and provide
information to other Federal agencies to further the
conservation and enhancement of essential fish habitat.
(2) Each Federal agency shall consult with the Secretary with
respect to any action authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by such
agency that may adversely affect any essential fish habitat
identified under this Act.
(3) Each Council--
(A) may comment on and make recommendations to the
Secretary and any Federal or State agency concerning
any activity authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by
any Federal or State agency that, in the view of the
Council, may affect the habitat, including essential
fish habitat, of a fishery resource under its
authority; and
(B) shall comment on and make recommendations to the
Secretary and any Federal or State agency concerning
any such activity that, in the view of the Council, is
likely to substantially affect the habitat, including
essential fish habitat, of an anadromous fishery
resource under its authority.
(4)(A) If the Secretary receives information from a Council
or Federal or State agency or determines from other sources
that an action authorized, funded, or undertaken, or proposed
to be authorized, funded, or undertaken, by any State or
Federal agency would adversely affect any essential fish
habitat identified under this Act, the Secretary shall
recommend to such agency measures that can be taken by such
agency to conserve such habitat.
(B) Within 30 days after receiving a recommendation under
subparagraph (A), a Federal agency shall provide a detailed
response in writing to any Council commenting under paragraph
(3) and the Secretary regarding the matter. The response shall
include a description of measures proposed by the agency for
avoiding, mitigating, or offsetting the impact of the activity
on such habitat. In the case of a response that is inconsistent
with the recommendations of the Secretary, the Federal agency
shall explain its reasons for not following the
recommendations.
(c) Emergency Actions and Interim Measures.--(1) If the
Secretary finds that an emergency or overfishing exists or that
interim measures are needed to reduce overfishing for any
fishery, he may promulgate emergency or overfishing regulations
or interim measures necessary to address the emergency or
overfishing, without regard to whether a fishery management
plan exists for such fishery.
(2) If a Council finds that an emergency or overfishing
exists or that interim measures are needed to reduce
overfishing for any fishery within its jurisdiction, whether or
not a fishery management plan exists for such fishery--
(A) the Secretary shall promulgate emergency or
overfishing regulations or interim measures under
paragraph (1) to address the emergency or overfishing
if the Council, by unanimous vote of the members who
are voting members, requests the taking of such action;
and
(B) the Secretary may promulgate emergency or
overfishing regulations or interim measures under
paragraph (1) to address the emergency or overfishing
if the Council, by less than a unanimous vote, requests
the taking of such action.
(3) Any emergency regulation or interim measure which changes
any existing fishery management plan or amendment shall be
treated as an amendment to such plan for the period in which
such regulation is in effect. Any emergency regulation or
interim measure promulgated under this subsection--
(A) shall be published in the Federal Register
together with the reasons therefor;
(B) shall, except as provided in subparagraph (C),
remain in effect for not more than [180 days after the
date of publication, and may be extended by publication
in the Federal Register for one additional period of
not more than 186 days, provided] 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 the public has had an opportunity
to comment on the emergency regulation or interim
measure, and, in the case of a Council recommendation
for emergency regulations or interim measures, the
Council is actively preparing a fishery management
plan, plan amendment, or proposed regulations to
address the emergency or overfishing on a permanent
basis;
(C) that responds to a public health emergency or an
oil spill may remain in effect until the circumstances
that created the emergency no longer exist,Provided,
That the public has an opportunity to comment after the
regulation is published, and, in the case of a public
health emergency, the Secretary of Health and Human
Services concurs with the Secretary's action; and
(D) may be terminated by the Secretary at an earlier
date by publication in the Federal Register of a notice
of termination, except for emergency regulations or
interim measures promulgated under paragraph (2) in
which case such early termination may be made only upon
the agreement of the Secretary and the Council
concerned.
(d) Responsibility of the Secretary.--The Secretary shall
have general responsibility to carry out any fishery management
plan or amendment approved or prepared by him, in accordance
with the provisions of this Act. The Secretary may promulgate
such regulations, in accordance with section 553 of title 5,
United States Code, as may be necessary to discharge such
responsibility or to carry out any other provision of this Act.
(e) Effect of Certain Laws on Certain Time Requirements.--The
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
Executive Order Numbered 12866, dated September 30, 1993, shall
be complied with within the time limitations specified in
subsections (a), (b), and (c) of section 304 as they apply to
the functions of the Secretary under such provisions.
(f) Judicial Review.--(1) Regulations promulgated by the
Secretary under this Act and actions described in paragraph (2)
shall be subject to judicial review to the extent authorized
by, and in accordance with, chapter 7 of title 5, United States
Code, if a petition for such review is filed within 30 days
after the date on which the regulations are promulgated or the
action is published in the Federal Register, as applicable;
except that--
(A) section 705 of such title is not applicable, and
(B) the appropriate court shall only set aside any
such regulation or action on a ground specified in
section 706(2)(A), (B), (C), or (D) of such title.
(2) The actions referred to in paragraph (1) are actions that
are taken by the Secretary under regulations which implement a
fishery management plan, including but not limited to actions
that establish the date of closure of a fishery to commercial
or recreational fishing.
(3)(A) Notwithstanding any other provision of law, the
Secretary shall file a response to any petition filed in
accordance with paragraph (1), not later than 45 days after the
date the Secretary is served with that petition, except that
the appropriate court may extend the period for filing such a
response upon a showing by the Secretary of good cause for that
extension.
(B) A response of the Secretary under this paragraph shall
include a copy of the administrative record for the regulations
that are the subject of the petition.
(4) Upon a motion by the person who files a petition under
this subsection, the appropriate court shall assign the matter
for hearing at the earliest possible date and shall expedite
the matter in every possible way.
(g) Negotiated Conservation and Management Measures.--
(1)(A) In accordance with regulations promulgated by
the Secretary pursuant to this paragraph, a Council may
establish a fishery negotiation panel to assist in the
development of specific conservation and management
measures for a fishery under its authority. The
Secretary may establish a fishery negotiation panel to
assist in the development of specific conservation and
management measures required for a fishery under
section 304(e)(5), for a fishery for which the
Secretary has authority under section 304(g), or for
any other fishery with the approval of the appropriate
Council.
(B) No later than 180 days after the date of
enactment of the Sustainable Fisheries Act, the
Secretary shall promulgate regulations establishing
procedures, developed in cooperation with the
Administrative Conference of the United States, for the
establishment and operation of fishery negotiation
panels. Such procedures shall be comparable to the
procedures for negotiated rulemaking established by
subchapter III of chapter 5 of title 5, United States
Code.
(2) If a negotiation panel submits a report, such
report shall specify all the areas where consensus was
reached by the panel, including, if appropriate,
proposed conservation and management measures, as well
as any other information submitted by members of the
negotiation panel. Upon receipt, the Secretary shall
publish such report in the Federal Register for public
comment.
(3) Nothing in this subsection shall be construed to
require either a Council or the Secretary, whichever is
appropriate, to use all or any portion of a report from
a negotiation panel established under this subsection
in the development of specific conservation and
management measures for the fishery for which the panel
was established.
(h) Central Registry System for Limited Access System
Permits.--
(1) Within 6 months after the date of enactment of
the Sustainable Fisheries Act, the Secretary shall
establish an exclusive central registry system (which
may be administered on a regional basis) for limited
access system permits established under section
303(b)(6) or other Federal law, including limited
access privileges, which shall provide for the
registration of title to, and interests in, such
permits, as well as for procedures for changes in the
registration of title to such permits upon the
occurrence of involuntary transfers, judicial or
nonjudicial foreclosure of interests, enforcement of
judgments thereon, and related matters deemed
appropriate by the Secretary. Such registry system
shall--
(A) provide a mechanism for filing notice of
a nonjudicial foreclosure or enforcement of a
judgment by which the holder of a senior
security interest acquires or conveys ownership
of a permit, and in the event of a nonjudicial
foreclosure, by which the interests of the
holders of junior security interests are
released when the permit is transferred;
(B) provide for public access to the
information filed under such system,
notwithstanding section 402(b); and
(C) provide such notice and other
requirements of applicable law that the
Secretary deems necessary for an effective
registry system.
(2) The Secretary shall promulgate such regulations
as may be necessary to carry out this subsection, after
consulting with the Councils and providing an
opportunity for public comment. The Secretary is
authorized to contract with non-Federal entities to
administer the central registry system.
(3) To be effective and perfected against any person
except the transferor, its heirs and devisees, and
persons having actual notice thereof, all security
interests, and all sales and other transfers of permits
described in paragraph (1), shall be registered in
compliance with the regulations promulgated under
paragraph (2). Such registration shall constitute the
exclusive means of perfection of title to, and security
interests in, such permits, except for Federal tax
liens thereon, which shall be perfected exclusively in
accordance with the Internal Revenue Code of 1986 (26
U.S.C. 1 et seq.). The Secretary shall notify both the
buyer and seller of a permit if a lien has been filed
by the Secretary of the Treasury against the permit
before collecting any transfer fee under paragraph (5)
of this subsection.
(4) The priority of security interests shall be
determined in order of filing, the first filed having
the highest priority. A validly-filed security interest
shall remain valid and perfected notwithstanding a
change in residence or place of business of the owner
of record. For the purposes of this subsection,
``security interest'' shall include security interests,
assignments, liens and other encumbrances of whatever
kind.
(5)(A) Notwithstanding section 304(d)(1), the
Secretary shall collect a reasonable fee of not more
than one-half of one percent of the value of a limited
access system permit upon registration of the title to
such permit with the central registry system and upon
the transfer of such registered title. Any such fee
collected shall be deposited in the Limited Access
System Administration Fund established under
subparagraph (B).
(B) There is established in the Treasury a Limited
Access System Administration Fund. The Fund shall be
available, without appropriation or fiscal year
limitation, only to the Secretary for the purposes of--
(i) administering the central registry
system; and
(ii) administering and implementing this Act
in the fishery in which the fees were
collected. Sums in the Fund that are not
currently needed for these purposes shall be
kept on deposit or invested in obligations of,
or guaranteed by, the United States.
(i) Alaska and Western Pacific Community Development
Programs.--
(1) Western alaska community development quota
program.--
(A) In general.--There is established the
western Alaska community development quota
program in order--
(i) to provide eligible western
Alaska villages with the opportunity to
participate and invest in fisheries in
the Bering Sea and Aleutian Islands
Management Area;
(ii) to support economic development
in western Alaska;
(iii) to alleviate poverty and
provide economic and social benefits
for residents of western Alaska; and
(iv) to achieve sustainable and
diversified local economies in western
Alaska.
(B) Program allocation.--
(i) In general.--Except as provided
in clause (ii), the annual percentage
of the total allowable catch, guideline
harvest level, or other annual catch
limit allocated to the program in each
directed fishery of the Bering Sea and
Aleutian Islands shall be the
percentage approved by the Secretary,
or established by Federal law, as of
March 1, 2006, for the program. The
percentage for each fishery shall be
either a directed fishing allowance or
include both directed fishing and
nontarget needs based on existing
practice with respect to the program as
of March 1, 2006, for each fishery.
(ii) Exceptions.--Notwithstanding
clause (i)--
(I) the allocation under the
program for each directed
fishery of the Bering Sea and
Aleutian Islands (other than a
fishery for halibut, sablefish,
pollock, and crab) shall be a
total allocation (directed and
nontarget combined) of 10.7
percent effective January 1,
2008; and
(II) the allocation under the
program in any directed fishery
of the Bering Sea and Aleutian
Islands (other than a fishery
for halibut, sablefish,
pollock, and crab) established
after the date of enactment of
this subclause shall be a total
allocation (directed and
nontarget combined) of 10.7
percent.
The total allocation (directed and
nontarget combined) for a fishery to
which subclause (I) or (II) applies may
not be exceeded.
(iii) Processing and other rights.--
Allocations to the program include all
processing rights and any other rights
and privileges associated with such
allocations as of March 1, 2006.
(iv) Regulation of harvest.--The
harvest of allocations under the
program for fisheries with individual
quotas or fishing cooperatives shall be
regulated by the Secretary in a manner
no more restrictive than for other
participants in the applicable sector,
including with respect to the harvest
of nontarget species.
(C) Allocations to entities.--Each entity
eligible to participate in the program shall be
authorized under the program to harvest
annually the same percentage of each species
allocated to the program under subparagraph (B)
that it was authorized by the Secretary to
harvest of such species annually as of March 1,
2006, except to the extent that its allocation
is adjusted under subparagraph (H). Such
allocation shall include all processing rights
and any other rights and privileges associated
with such allocations as of March 1, 2006.
Voluntary transfers by and among eligible
entities shall be allowed, whether before or
after harvesting. Notwithstanding the first
sentence of this subparagraph, seven-tenths of
one percent of the total allowable catch,
guideline harvest level, or other annual catch
limit, within the amount allocated to the
program by subclause (I) or subclause (II) of
subparagraph (B)(ii), shall be allocated among
the eligible entities by the panel established
in subparagraph (G), or allocated by the
Secretary based on the nontarget needs of
eligible entities in the absence of a panel
decision.
(D) Eligible villages.--The following
villages shall be eligible to participate in
the program through the following entities:
(i) The villages of Akutan, Atka,
False Pass, Nelson Lagoon, Nikolski,
and Saint George through the Aleutian
Pribilof Island Community Development
Association.
(ii) The villages of Aleknagik,
Clark's Point, Dillingham, Egegik,
Ekuk, Ekwok, King Salmon/Savonoski,
Levelock, Manokotak, Naknek, Pilot
Point, Port Heiden, Portage Creek,
South Naknek, Togiak, Twin Hills, and
Ugashik through the Bristol Bay
Economic Development Corporation.
(iii) The village of Saint Paul
through the Central Bering Sea
Fishermen's Association.
(iv) The villages of Chefornak,
Chevak, Eek, Goodnews Bay, Hooper Bay,
Kipnuk, Kongiganak, Kwigillingok,
Mekoryuk, Napakiak, Napaskiak, Newtok,
Nightmute, Oscarville, Platinum,
Quinhagak, Scammon Bay, Toksook Bay,
Tuntutuliak, and Tununak through the
Coastal Villages Region Fund.
(v) The villages of Brevig Mission,
Diomede, Elim, Gambell, Golovin, Koyuk,
Nome, Saint Michael, Savoonga,
Shaktoolik, Stebbins, Teller,
Unalakleet, Wales, and White Mountain
through the Norton Sound Economic
Development Corporation.
(vi) The villages of Alakanuk,
Emmonak, Grayling, Kotlik, Mountain
Village, and Nunam Iqua through the
Yukon Delta Fisheries Development
Association.
(E) Eligibility requirements for
participating entities.--To be eligible to
participate in the program, an entity referred
to in subparagraph (D) shall meet the following
requirements:
(i) Board of directors.--The entity
shall be governed by a board of
directors. At least 75 percent of the
members of the board shall be resident
fishermen from the entity's member
villages. The board shall include at
least one director selected by each
such member village.
(ii) Panel representative.--The
entity shall elect a representative to
serve on the panel established by
subparagraph (G).
(iii) Other investments.--The entity
may make up to 20 percent of its annual
investments in any combination of the
following:
(I) For projects that are not
fishery-related and that are
located in its region.
(II) On a pooled or joint
investment basis with one or
more other entities
participating in the program
for projects that are not
fishery-related and that are
located in one or more of their
regions.
(III) For matching Federal or
State grants for projects or
programs in its member villages
without regard to any
limitation on the Federal or
State share, or restriction on
the source of any non-Federal
or non-State matching funds, of
any grant program under any
other provision of law.
(iv) Fishery-related investments.--
The entity shall make the remainder
percent of its annual investments in
fisheries-related projects or for other
purposes consistent with the practices
of the entity prior to March 1, 2006.
(v) Annual statement of compliance.--
Each year the entity, following
approval by its board of directors and
signed by its chief executive officer,
shall submit a written statement to the
Secretary and the State of Alaska that
summarizes the purposes for which it
made investments under clauses (iii)
and (iv) during the preceding year.
(vi) Other panel requirements.--The
entity shall comply with any other
requirements established by the panel
under subparagraph (G).
(F) Entity status, limitations, and
regulation.--The entity--
(i) shall be subject to any excessive
share ownership, harvesting, or
processing limitations in the fisheries
of the Bering Sea and Aleutian Islands
Management Area only to the extent of
the entity's proportional ownership,
excluding any program allocations, and
notwithstanding any other provision of
law;
(ii) shall comply with State of
Alaska law requiring annual reports to
the entity's member villages
summarizing financial operations for
the previous calendar year, including
general and administrative costs and
compensation levels of the top 5
highest paid personnel;
(iii) shall comply with State of
Alaska laws to prevent fraud that are
administered by the Alaska Division of
Banking and Securities, except that the
entity and the State shall keep
confidential from public disclosure any
information if the disclosure would be
harmful to the entity or its
investments; and
(iv) is exempt from compliance with
any State law requiring approval of
financial transactions, community
development plans, or amendments
thereto, except as required by
subparagraph (H).
(G) Administrative panel.--
(i) Establishment.--There is
established a community development
quota program panel.
(ii) Membership.--The panel shall
consist of 6 members. Each entity
participating in the program shall
select one member of the panel.
(iii) Functions.--The panel shall--
(I) administer those aspects
of the program not otherwise
addressed in this paragraph,
either through private
contractual arrangement or
through recommendations to the
North Pacific Council, the
Secretary, or the State of
Alaska, as the case may be; and
(II) coordinate and
facilitate activities of the
entities under the program.
(iv) Unanimity required.--The panel
may act only by unanimous vote of all 6
members of the panel and may not act if
there is a vacancy in the membership of
the panel.
(H) Decennial review and adjustment of entity
allocations.--
(i) In general.--During calendar year
2012 and every 10 years thereafter, the
State of Alaska shall evaluate the
performance of each entity
participating in the program based on
the criteria described in clause (ii).
(ii) Criteria.--The panel shall
establish a system to be applied under
this subparagraph that allows each
entity participating in the program to
assign relative values to the following
criteria to reflect the particular
needs of its villages:
(I) Changes during the
preceding 10-year period in
population, poverty level, and
economic development in the
entity's member villages.
(II) The overall financial
performance of the entity,
including fishery and
nonfishery investments by the
entity.
(III) Employment,
scholarships, and training
supported by the entity.
(IV) Achieving of the goals
of the entity's community
development plan.
(iii) Adjustment of allocations.--
After the evaluation required by clause
(i), the State of Alaska shall make a
determination, on the record and after
an opportunity for a hearing, with
respect to the performance of each
entity participating in the program for
the criteria described in clause (ii).
If the State determines that the entity
has maintained or improved its overall
performance with respect to the
criteria, the allocation to such entity
under the program shall be extended by
the State for the next 10-year period.
If the State determines that the entity
has not maintained or improved its
overall performance with respect to the
criteria--
(I) at least 90 percent of
the entity's allocation for
each species under subparagraph
(C) shall be extended by the
State for the next 10-year
period; and
(II) the State may determine,
or the Secretary may determine
(if State law prevents the
State from making the
determination), and implement
an appropriate reduction of up
to 10 percent of the entity's
allocation for each species
under subparagraph (C) for all
or part of such 10-year period.
(iv) Reallocation of reduced
amount.--If the State or the Secretary
reduces an entity's allocation under
clause (iii), the reduction shall be
reallocated among other entities
participating in the program whose
allocations are not reduced during the
same period in proportion to each such
entity's allocation of the applicable
species under subparagraph (C).
(I) Secretarial approval not required.--
Notwithstanding any other provision of law or
regulation thereunder, the approval by the
Secretary of a community development plan, or
an amendment thereof, under the program is not
required.
(J) Community development plan defined.--In
this paragraph, the term ``community
development plan'' means a plan, prepared by an
entity referred to in subparagraph (D), for the
program that describes how the entity intends--
(i) to harvest its share of fishery
resources allocated to the program, or
(ii) to use its share of fishery
resources allocated to the program, and
any revenue derived from such use, to
assist its member villages with
projects to advance economic
development,
but does not include a plan that allocates
fishery resources to the program.
(2)(A) The Western Pacific Council and the Secretary
may establish a western Pacific community development
program for any fishery under the authority of such
Council in order to provide access to such fishery for
western Pacific communities that participate in the
program.
(B) To be eligible to participate in the western
Pacific community development program, a community
shall--
(i) be located within the Western Pacific
Regional Fishery Management Area;
(ii) meet criteria developed by the Western
Pacific Council, approved by the Secretary and
published in the Federal Register;
(iii) consist of community residents who are
descended from the aboriginal people indigenous
to the area who conducted commercial or
subsistence fishing using traditional fishing
practices in the waters of the Western Pacific
region;
(iv) not have previously developed harvesting
or processing capability sufficient to support
substantial participation in fisheries in the
Western Pacific Regional Fishery Management
Area; and
(v) develop and submit a Community
Development Plan to the Western Pacific Council
and the Secretary.
(C) In developing the criteria for eligible
communities under subparagraph (B)(ii), the Western
Pacific Council shall base such criteria on traditional
fishing practices in or dependence on the fishery, the
cultural and social framework relevant to the fishery,
and economic barriers to access to the fishery.
(D) For the purposes of this subsection ``Western
Pacific Regional Fishery Management Area'' means the
area under the jurisdiction of the Western Pacific
Council, or an island within such area.
(E) Notwithstanding any other provision of this Act,
the Western Pacific Council shall take into account
traditional indigenous fishing practices in preparing
any fishery management plan.
(3) The Secretary shall deduct from any fees
collected from a community development quota program
under section 304(d)(2) the costs incurred by
participants in the program for observer and reporting
requirements which are in addition to observer and
reporting requirements of other participants in the
fishery in which the allocation to such program has
been made.
(4) After the date of enactment of the Sustainable
Fisheries Act, the North Pacific Council and Western
Pacific Council may not submit to the Secretary a
community development quota program that is not in
compliance with this subsection.
(j) Western Pacific and Northern Pacific Regional Marine
Education and Training.--
(1) In general.--The Secretary shall establish a
pilot program for regionally-based marine education and
training programs in the Western Pacific and the
Northern Pacific to foster understanding, practical use
of knowledge (including native Hawaiian, Alaskan
Native, and other Pacific Islander-based knowledge),
and technical expertise relevant to stewardship of
living marine resources. The Secretary shall, in
cooperation with the Western Pacific and the North
Pacific Regional Fishery Management Councils, regional
educational institutions, and local Western Pacific and
Northern Pacific community training entities, establish
programs or projects that will improve communication,
education, and training on marine resource issues
throughout the region and increase scientific education
for marine-related professions among coastal community
residents, including indigenous Pacific islanders,
Native Hawaiians, Alaskan Natives, and other
underrepresented groups in the region.
(2) Program components.--The program shall--
(A) include marine science and technology
education and training programs focused on
preparing community residents for employment in
marine related professions, including marine
resource conservation and management, marine
science, marine technology, and maritime
operations;
(B) include fisheries and seafood-related
training programs, including programs for
fishery observers, seafood safety and seafood
marketing, focused on increasing the
involvement of coastal community residents in
fishing, fishery management, and seafood-
related operations;
(C) include outreach programs and materials
to educate and inform consumers about the
quality and sustainability of wild fish or fish
products farmed through responsible
aquaculture, particularly in Hawaii, Alaska,
the Western Pacific, the Northern Pacific, and
the Central Pacific;
(D) include programs to identify, with the
fishing industry, methods and technologies that
will improve the data collection, quality, and
reporting and increase the sustainability of
fishing practices, and to transfer such methods
and technologies among fisheries sectors and to
other nations in the Western, Northern, and
Central Pacific;
(E) develop means by which local and
traditional knowledge (including Pacific
islander, Native Hawaiian, and Alaskan Native
knowledge) can enhance science-based management
of fishery resources of the region; and
(F) develop partnerships with other Western
Pacific Island and Alaskan agencies, academic
institutions, and other entities to meet the
purposes of this section.
(k) Multispecies Groundfish.--
(1) In general.--Within 60 days after the date of
enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the
Secretary of Commerce shall determine whether fishing
in State waters--
(A) without a New England multispecies
groundfish fishery permit on regulated species
within the multispecies complex is not
consistent with the applicable Federal fishery
management plan; or
(B) without a Federal bottomfish and seamount
groundfish permit in the Hawaiian archipelago
on regulated species within the complex is not
consistent with the applicable Federal fishery
management plan or State data are not
sufficient to make such a determination.
(2) Cure.--If the Secretary makes a determination
that such actions are not consistent with the plan, the
Secretary shall, in consultation with the Council, and
after notifying the affected State, develop and
implement measures to cure the inconsistency pursuant
to section 306(b).
SEC. 306. STATE JURISDICTION.
(a) In General.--
(1) Except as provided in subsection (b), nothing in
this Act shall be construed as extending or diminishing
the jurisdiction or authority of any State within its
boundaries.
(2) For the purposes of this Act, except as provided
in subsection (b), the jurisdiction and authority of a
State shall extend--
(A) to any pocket of waters that is adjacent
to the State and totally enclosed by lines
delimiting the territorial sea of the United
States pursuant to the Geneva Convention on the
Territorial Sea and Contiguous Zone or any
successor convention to which the United States
is a party;
(B) with respect to the body of water
commonly known as Nantucket Sound, to the
pocket of water west of the seventieth meridian
west of Greenwich; and
(C) to the waters of southeastern Alaska (for
the purpose of regulating fishing for other
than any species of crab) that are--
(i) north of the line representing
the international boundary at Dixon
Entrance and the westward extension of
that line; east of 138 degrees west
longitude; and not more than three
nautical miles seaward from the coast,
from the lines extending from headland
to headland across all bays, inlets,
straits, passes, sounds, and entrances,
and from any island or group of
islands, including the islands of the
Alexander Archipelago (except Forrester
Island); or
(ii) between the islands referred to
in clause (i) (except Forrester Island)
and the mainland.
(3) A State may regulate a fishing vessel outside the
boundaries of the State in the following circumstances:
(A) The fishing vessel is registered under
the law of that State, and (i) there is no
fishery management plan or other applicable
Federal fishing regulations for the fishery in
which the vessel is operating; or (ii) the
State's laws and regulations are consistent
with the fishery management plan and applicable
Federal fishing regulations for the fishery in
which the vessel is operating.
(B) The fishery management plan for the
fishery in which the fishing vessel is
operating delegates management of the fishery
to a State and the State's laws and regulations
are consistent with such fishery management
plan. If at any time the Secretary determines
that a State law or regulation applicable to a
fishing vessel under this circumstance is not
consistent with the fishery management plan,
the Secretary shall promptly notify the State
and the appropriate Council of such
determination and provide an opportunity for
the State to correct any inconsistencies
identified in the notification. If, after
notice and opportunity for corrective action,
the State does not correct the inconsistencies
identified by the Secretary, the authority
granted to the State under this subparagraph
shall not apply until the Secretary and the
appropriate Council find that the State has
corrected the inconsistencies. For a fishery
for which there was a fishery management plan
in place on August 1, 1996 that did not
delegate management of the fishery to a State
as of that date, the authority provided by this
subparagraph applies only if the Council
approves the delegation of management of the
fishery to the State by a three-quarters
majority vote of the voting members of the
Council.
(C) The fishing vessel is not registered
under the law of the State of Alaska and is
operating in a fishery in the exclusive
economic zone off Alaska for which there [was
no] is no fishery management plan in place [on
August 1, 1996], and the Secretary and the
North Pacific Council find that there is a
legitimate interest of the State of Alaska in
the conservation and management of such
fishery. The authority provided under this
subparagraph shall terminate when a fishery
management plan under this Act is approved and
implemented for such fishery.
(b) Exception.--(1) If the Secretary finds, after notice and
an opportunity for a hearing in accordance with section 554 of
title 5, United States Code, that--
(A) the fishing is a fishery, which is covered by a
fishery management plan implemented under this Act, is
engaged in predominately within the exclusive economic
zone and beyond such zone; and
(B) any State has taken any action, or omitted to
take any action, the results of which will
substantially and adversely affect the carrying out of
such fishery management plan;
the Secretary shall promptly notify such State and the
appropriate Council of such finding and of his intention to
regulate the applicable fishery within the boundaries of such
State (other than its internal waters), pursuant to such
fishery management plan and the regulations promulgated to
implement such plan.
(2) If the Secretary, pursuant to this subsection, assumes
responsibility for the regulation of any fishery, the State
involved may at any time thereafter apply to the Secretary for
reinstatement of its authority over such fishery. If the
Secretary finds that the reasons for which he assumed such
regulation no longer prevail, he shall promptly terminate such
regulation.
(3) If the State involved requests that a hearing be
held pursuant to paragraph (1), the Secretary shall
conduct such hearing prior to taking any action under
paragraph (1).
(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.
(c) Exception Regarding Foreign Fish Processing in Internal
Waters.--(1) A foreign fishing vessel may engage in fish
processing within the internal waters of a State if, and only
if--
(A) the vessel is qualified for purposes of this
paragraph pursuant to paragraph (4)(C) or has received
a permit under section 204(d);
(B) the owner or operator of the vessel applies to
the Governor of the State for, and (subject to
paragraph (2)) is granted, permission for the vessel to
engage in such processing and the application specifies
the species to be processed; and
(C) the owner or operator of the vessel
submits reports on the tonnage of fish received
from vessels of the United States and the
locations from which such fish were harvested,
in accordance with such procedures as the
Secretary by regulation shall prescribe.
(2) The Governor of a State may not grant permission for a
foreign fishing vessel to engage in fish processing under
paragraph (1)--
(A) for a fishery which occurs in the waters of more
than one State or in the exclusive economic zone,
except after--
(i) consulting with the appropriate Council
and Marine Fisheries Commission, and
(ii) considering any comments received from
the Governor of any other State where the
fishery occurs; and
(B) if the Governor determines that fish processors
within the State have adequate capacity, and will
utilize such capacity, to process all of the United
States harvested fish from the fishery concerned that
are landed in the State.
(3) Nothing in this subsection may be construed as relieving
a foreign fishing vessel from the duty to comply with all
applicable Federal and State laws while operating within the
internal waters of a State incident to permission obtained
under paragraph (1)(B).
(4) For purposes of this subsection--
(A) The term ``fish processing'' includes, in
addition to processing, the performance of any other
activity relating to fishing, including, but not
limited to, preparation, supply, storage,
refrigeration, or transportation.
(B) The phrase ``internal waters of a State'' means
all waters within the boundaries of a State except
those seaward of the baseline from which the
territorial sea is measured.
(C) A foreign fishing vessel shall be treated as
qualified for purposes of paragraph (1) if the foreign
nation under which it is flagged will be a party to (i)
a governing international fishery agreement or (ii) a
treaty described in section 201(b) of this Act (16
U.S.C. 1821(b)) during the time the vessel will engage
in the fish processing for which permission is sought
under paragraph (1)(B).
SEC. 307. PROHIBITED ACTS.
[It is unlawful--] (a) In General._It is unlawful--
(1) for any person--
(A) to violate any provision of this Act or
any regulation or permit issued pursuant to
this Act;
(B) to use any fishing vessel to engage in
fishing after the revocation, or during the
period of suspension, of an applicable permit
issued pursuant to this Act;
(C) to violate any provision of, or
regulation under, an applicable governing
international fishery agreement entered into
pursuant to section 201(c);
(D) to refuse to permit any officer
authorized to enforce the provisions of this
Act (as provided for in section 311) to board a
fishing vessel subject to such person's control
for purposes of conducting any search or
inspection in connection with the enforcement
of this Act or any regulation, permit, or
agreement referred to in subparagraph (A) or
(C);
(E) to forcibly assault, resist, oppose,
impede, intimidate, or interfere with any such
authorized officer in the conduct of any search
or inspection described in subparagraph (D);
(F) to resist a lawful arrest for any act
prohibited by this section;
(G) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody,
control, or possession of, any fish taken or
retained in violation of this Act or any
regulation, permit, or agreement referred to in
subparagraph (A) or (C);
(H) to interfere, with, delay, or prevent, by
any means, the apprehension or arrest of
another person, knowing that such other person
has committed any act prohibited by this
section;
(I) to knowingly and willfully submit to a
Council, the Secretary, or the Governor of a
State false information (including, but not
limited to, false information regarding the
capacity and extent to which a United States
fish processor, on an annual basis, will
process a portion of the optimum yield of a
fishery that will be harvested by fishing
vessels of the United States) regarding any
matter that the Council, Secretary, or Governor
is considering in the course of carrying out
this Act;
(J) to ship, transport, offer for sale, sell,
or purchase, in interstate or foreign commerce,
any whole live lobster of the species Homarus
americanus, that--
(i) is smaller than the minimum
possession size in effect at the time
under the American Lobster Fishery
Management Plan, as implemented by
regulations published in part 649 of
title 50, Code of Federal Regulations,
or any successor to that plan
implemented under this title, or in the
absence of any such plan, is smaller
than the minimum possession size in
effect at the time under a coastal
fishery management plan for American
lobster adopted by the Atlantic States
Marine Fisheries Commission under the
Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5101 et
seq.);
(ii) is bearing eggs attached to its
abdominal appendages; or
(iii) bears evidence of the forcible
removal of extruded eggs from its
abdominal appendages;
(K) to knowingly steal, or without
authorization, to remove, damage, or tamper
with--
(i) fishing gear owned by another
person, which is located in the
exclusive economic zone, or
(ii) fish contained in such fishing
gear;
(L) to forcibly assault, resist, oppose,
impede, intimidate, sexually harass, bribe, or
interfere with any observer on a vessel under
this Act, or any data collector employed by the
National Marine Fisheries Service or under
contract to any person to carry out
responsibilities under this Act;
(M) to engage in large-scale driftnet fishing
that is subject to the jurisdiction of the
United States, including use of a fishing
vessel of the United States to engage in such
fishing beyond the exclusive economic zone of
any nation;
(N) to strip pollock of its roe and discard
the flesh of the pollock;
(O) to knowingly and willfully fail to
disclose, or to falsely disclose, any financial
interest as required under section 302(j), or
to knowingly vote on a Council decision in
violation of section 302(j)(7)(A);
(P)(i) to remove any of the fins of a shark
(including the tail) at sea;
(ii) to have custody, control, or possession
of any such fin aboard a fishing vessel unless
it is naturally attached to the corresponding
carcass;
(iii) to transfer any such fin from one
vessel to another vessel at sea, or to receive
any such fin in such transfer, without the fin
naturally attached to the corresponding
carcass; or
(iv) to land any such fin that is not
naturally attached to the corresponding
carcass, or to land any shark carcass without
such fins naturally attached;
(Q) to import, export, transport, sell,
receive, acquire, or purchase in interstate or
foreign commerce any fish taken, possessed,
transported, or sold in violation of any
foreign law or regulation or any treaty or in
contravention of any binding conservation
measure adopted by an international agreement
or organization to which the United States is a
party; or
(R) to use any fishing vessel to engage in
fishing in Federal or State waters, or on the
high seas or in the waters of another country,
after the Secretary has made a payment to the
owner of that fishing vessel under section
312(b)(2).
For purposes of subparagraph (P), there shall be a
rebuttable presumption that if any shark fin (including
the tail) is found aboard a vessel, other than a
fishing vessel, without being naturally attached to the
corresponding carcass, such fin was transferred in
violation of subparagraph (P)(iii) or that if, after
landing, the total weight of shark fins (including the
tail) landed from any vessel exceeds five percent of
the total weight of shark carcasses landed, such fins
were taken, held, or landed in violation of
subparagraph (P). In such subparagraph, the term
``naturally attached'', with respect to a shark fin,
means attached to the corresponding shark carcass
through some portion of uncut skin.
(2) for any vessel other than a vessel of the United
States, and for the owner or operator of any vessel
other than a vessel of the United States, to engage--
(A) in fishing within the boundaries of any
State, except--
(i) recreational fishing permitted
under section 201(i);
(ii) fish processing permitted under
section 306(c); or
(iii) transshipment at sea of fish or
fish products within the boundaries of
any State in accordance with a permit
approved under section 204(d);
(B) in fishing, except recreational fishing
permitted under section 201(i), within the
exclusive economic zone, or for any anadromous
species or Continental Shelf fishery resources
beyond such zone or areas, unless such fishing
is authorized by, and conducted in accordance
with, a valid and applicable permit issued
pursuant to section 204(b), (c), or (d); or
(C) except as permitted under section 306(c),
in fish processing (as defined in paragraph
(4)(A) of such section) within the internal
waters of a State (as defined in paragraph
(4)(B) of such section);
(3) for any vessel of the United States, and for the
owner or operator of any vessel of the United States,
to transfer at sea directly or indirectly, or attempt
to so transfer at sea, any United States harvested fish
to any foreign fishing vessel, while such foreign
vessel is within the exclusive economic zone or within
the boundaries of any State except to the extent that
the foreign fishing vessel has been permitted under
section 204(d) or section 306(c) to receive such fish;
(4) for any fishing vessel other than a vessel of the
United States to operate, and for the owner or operator
of a fishing vessel other than a vessel of the United
States to operate such vessel, in the exclusive
economic zone or within the boundaries of any State or
special areas, if--
(A) all fishing gear on the vessel is not
stored below deck or in an area where it is not
normally used, and not readily available, for
fishing; or
(B) all fishing gear on the vessel which is
not so stored is not secured and covered so as
to render it unusable for fishing;
unless such vessel is authorized to engage in fishing
in the area in which the vessel is operating; and
(5) for any vessel of the United States, and for the
owner or operator of any vessel of the United States,
to engage in fishing in the waters of a foreign nation
in a manner that violates an international fishery
agreement between that nation and the United States
that has been subject to Congressional oversight in the
manner described in section 203, or any regulations
issued to implement such an agreement; except that the
binding provisions of such agreement and implementing
regulations shall have been published in the Federal
Register prior to such violation.
(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. 312. TRANSITION TO SUSTAINABLE FISHERIES.
(a) Fisheries Disaster Relief.--(1)(A) At the discretion of
the Secretary or at the request of the Governor of an affected
State or a fishing community, the Secretary shall determine
whether there is a commercial fishery failure due to a fishery
resource disaster as a result of--
[(A)] (i) natural causes;
[(B)] (ii) man-made causes beyond the control of
fishery managers to mitigate through conservation and
management measures, including regulatory restrictions
(including those imposed as a result of judicial
action) imposed to protect human health or the marine
environment; or
[(C)] (iii) undetermined causes.
(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.
(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.
[(2)] (3) Upon the determination under paragraph (1) that
there is a commercial fishery failure, the Secretary is
authorized to make sums available to be used by the affected
State, fishing community, or by the Secretary in cooperation
with the affected State or fishing community for assessing the
economic and social effects of the commercial fishery failure,
or any activity that the Secretary determines is appropriate to
restore the fishery or prevent a similar failure in the future
and to assist a fishing community affected by such failure.
Before making funds available for an activity authorized under
this section, the Secretary shall make a determination that
such activity will not expand the size or scope of the
commercial fishery failure in that fishery or into other
fisheries or other geographic regions.
[(3)] (4) The Federal share of the cost of any activity
carried out under the authority of this subsection shall not
exceed 75 percent of the cost of that activity.
[(4)] (5) There are authorized to be appropriated to the
Secretary such sums as are necessary for each of the fiscal
years 2007 through 2013.
(b) Fishing Capacity Reduction Program.--(1) The Secretary,
at the request of the appropriate Council for fisheries under
the authority of such Council, the Governor of a State for
fisheries under State authority, or a majority of permit
holders in the fishery, may conduct a voluntary fishing
capacity reduction program (referred to in this section as the
``program'') in a fishery if the Secretary determines that the
program--
(A) is necessary to prevent or end overfishing,
rebuild stocks of fish, or achieve measurable and
significant improvements in the conservation and
management of the fishery;
(B) is consistent with the Federal or State fishery
management plan or program in effect for such fishery,
as appropriate, and that the fishery management plan--
(i) will prevent the replacement of fishing
capacity removed by the program through a
moratorium on new entrants, practicable
restrictions on vessel upgrades, and other
effort control measures, taking into account
the full potential fishing capacity of the
fleet; and
(ii) establishes a specified or target total
allowable catch or other measures that trigger
closure of the fishery or adjustments to reduce
catch; and
(C) is cost-effective and, in the instance of a
program involving an industry fee system, prospectively
capable of repaying any debt obligation incurred under
section 1111 of title XI of the Merchant Marine Act,
1936.
(2) The objective of the program shall be to obtain the
maximum sustained reduction in fishing capacity at the least
cost and in a minimum period of time. To achieve that
objective, the Secretary is authorized to pay--
(A) the owner of a fishing vessel, if the permit
authorizing the participation of the vessel in the
fishery is surrendered for permanent revocation and the
vessel owner and permit holder relinquish any claim
associated with the vessel or permit that could qualify
such owner or holder for any present or future limited
access system permit in the fishery for which the
program is established or in any other fishery and such
vessel is (i) scrapped, or (ii) through the Secretary
of the department in which the Coast Guard is
operating, subjected to title restrictions (including
loss of the vessel's fisheries endorsement) that
permanently prohibit and effectively prevent its use in
fishing in federal or state waters, or fishing on the
high seas or in the waters of a foreign nation; or
(B) the holder of a permit authorizing participation
in the fishery, if such permit is surrendered for
permanent revocation, and such holder relinquishes any
claim associated with the permit and vessel used to
harvest fishery resources under the permit that could
qualify such holder for any present or future limited
access system permit in the fishery for which the
program was established.
(3) Participation in the program shall be voluntary, but the
Secretary shall ensure compliance by all who do participate.
(4) The harvester proponents of each program and the
Secretary shall consult, as appropriate and practicable, with
Councils, Federal agencies, State and regional authorities,
affected fishing communities, participants in the fishery,
conservation organizations, and other interested parties
throughout the development and implementation of any program
under this section.
(5) Payment condition.--The Secretary may not make a payment
under paragraph (2) with respect to a vessel that will not be
scrapped unless the Secretary certifies that the vessel will
not be used for fishing in the waters of a foreign nation or
fishing on the high seas.
(6) Report.--
(A) In general.--Subject to the availability of
funds, the Secretary shall, within 12 months after the
date of the enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006
submit to the Congress a report--
(i) identifying and describing the 20
fisheries in United States waters with the most
severe examples of excess harvesting capacity
in the fisheries, based on value of each
fishery and the amount of excess harvesting
capacity as determined by the Secretary;
(ii) recommending measures for reducing such
excess harvesting capacity, including the
retirement of any latent fishing permits that
could contribute to further excess harvesting
capacity in those fisheries; and
(iii) potential sources of funding for such
measures.
(B) Basis for recommendations.--The Secretary shall
base the recommendations made with respect to a fishery
on--
(i) the most cost effective means of
achieving voluntary reduction in capacity for
the fishery using the potential for industry
financing; and
(ii) including measures to prevent the
capacity that is being removed from the fishery
from moving to other fisheries in the United
States, in the waters of a foreign nation, or
on the high seas.
(c) Program Funding.--(1) The program may be funded by any
combination of amounts--
(A) available under clause (iv) of section 2(b)(1)(A)
of the Act of August 11, 1939 (15 U.S.C. 713c-
3(b)(1)(A); the Saltonstall-Kennedy Act);
(B) appropriated for the purposes of this section;
(C) provided by an industry fee system established
under subsection (d) and in accordance with section
1111 of title XI of the Merchant Marine Act, 1936; or
(D) provided from any State or other public sources
or private or non-profit organizations.
(2) All funds for the program, including any fees established
under subsection (d), shall be paid into the fishing capacity
reduction fund established under section 1111 of title XI of
the Merchant Marine Act, 1936.
(d) Industry Fee System.--(1)(A) If an industry fee system is
necessary to fund the program, the Secretary may conduct a
referendum on such system. Prior to the referendum, the
Secretary shall--
(i) identify, to the extent practicable, and notify
all permit or vessel owners who would be affected by
the program; and
(ii) make available to such owners information about
the industry fee system describing the schedule,
procedures, and eligibility requirements for the
referendum, the proposed program, and the amount and
duration and any other terms and conditions of the
proposed fee system.
(B) The industry fee system shall be considered approved if
the referendum votes which are cast in favor of the proposed
system constitute at least a majority of the permit holders in
the fishery, or 50 percent of the permitted allocation of the
fishery, who participated in the fishery.
(2) Notwithstanding section 304(d) and consistent with an
approved industry fee system, the Secretary is authorized to
establish such a system to fund the program and repay debt
obligations incurred pursuant to section 1111 of title XI of
the Merchant Marine Act, 1936. The fees for a program
established under this section shall--
(A) be determined by the Secretary and adjusted from
time to time as the Secretary considers necessary to
ensure the availability of sufficient funds to repay
such debt obligations;
(B) not exceed 5 percent of the ex-vessel value of
all fish harvested from the fishery for which the
program is established;
(C) be deducted by the first ex-vessel fish purchaser
from the proceeds otherwise payable to the seller and
accounted for and forwarded by such fish purchasers to
the Secretary in such manner as the Secretary may
establish, unless the Secretary determines that such
fees should be collected from the seller; and
(D) be in effect only until such time as the debt
obligation has been fully paid.
(e) Implementation Plan.--
(1) Framework regulations.--The Secretary shall
propose and adopt framework regulations applicable to
the implementation of all programs under this section.
(2) Program regulations.--The Secretary shall
implement each program under this section by
promulgating regulations that, together with the
framework regulations, establish each program and
control its implementation.
(3) Harvester proponents' implementation plan.--The
Secretary may not propose implementation regulations
for a program to be paid for by an industry fee system
until the harvester proponents of the program provide
to the Secretary a proposed implementation plan that,
among other matters--
(A) proposes the types and numbers of vessels
or permits that are eligible to participate in
the program and the manner in which the program
shall proceed, taking into account--
(i) the requirements of this section;
(ii) the requirements of the
framework regulations;
(iii) the characteristics of the
fishery and affected fishing
communities;
(iv) the requirements of the
applicable fishery management plan and
any amendment that such plan may
require to support the proposed
program;
(v) the general needs and desires of
harvesters in the fishery;
(vi) the need to minimize program
costs; and
(vii) other matters, including the
manner in which such proponents propose
to fund the program to ensure its cost
effectiveness, as well as any relevant
factors demonstrating the potential
for, or necessary to obtain, the
support and general cooperation of a
substantial number of affected
harvesters in the fishery (or portion
of the fishery) for which the program
is intended; and
(B) proposes procedures for program
participation (such as submission of owner bids
under an auction system or fair market-value
assessment), including any terms and conditions
for participation, that the harvester
proponents deem to be reasonably necessary to
meet the program's proposed objectives.
(4) Participation contracts.--The Secretary shall
contract with each person participating in a program,
and each such contract shall, in addition to including
such other matters as the Secretary deems necessary and
appropriate to effectively implement each program
(including penalties for contract non-performance) be
consistent with the framework and implementing
regulations and all other applicable law.
(5) Reduction auctions.--Each program not involving
fair market assessment shall involve a reduction
auction that scores the reduction price of each bid
offer by the data relevant to each bidder under an
appropriate fisheries productivity factor. If the
Secretary accepts bids, the Secretary shall accept
responsive bids in the rank order of their bid scores,
starting with the bid whose reduction price is the
lowest percentage of the productivity factor, and
successively accepting each additional responsive bid
in rank order until either there are no more responsive
bids or acceptance of the next bid would cause the
total value of bids accepted to exceed the amount of
funds available for the program.
(6) Bid invitations.--Each program shall proceed by
the Secretary issuing invitations to bid setting out
the terms and conditions for participation consistent
with the framework and implementing regulations. Each
bid that the Secretary receives in response to the
invitation to bid shall constitute an irrevocable offer
from the bidder.
SEC. 313. NORTH PACIFIC FISHERIES CONSERVATION.
(a) In General.--The North Pacific Council may prepare, in
consultation with the Secretary, a fisheries research plan for
any fishery under the Council's jurisdiction except a salmon
fishery which--
(1) requires that observers be stationed on fishing
vessels engaged in the catching, taking, or harvesting
of fish and on United States fish processors fishing
for or processing species under the jurisdiction of the
Council, including the Northern Pacific halibut
fishery, for the purpose of collecting data necessary
for the conservation, management, and scientific
understanding of any fisheries under the Council's
jurisdiction; and
(2) establishes a system, or system, of fees, which
may vary by fishery, management area, or observer
coverage level, to pay for the cost of implementing the
plan.
(b) Standards.--(1) Any plan or plan amendment prepared under
this section shall be reasonably calculated to--
(A) gather reliable data, by stationing observers, or
electronic monitoring systems, on all or a
statistically reliable sample of the fishing vessels
and United States fish processors included in the plan,
necessary for the conservation, management, and
scientific understanding of the fisheries covered by
the plan;
(B) be fair and equitable to all vessels and
processors;
(C) be consistent with applicable provisions of law;
and
(D) take into consideration the operating
requirements of the fisheries and the safety of
observers and fishermen.
(2) Any system of fees established under this section shall--
(A) provide that the total amount of fees collected
under this section not exceed the combined cost of (i)
stationing observers, or electronic monitoring systems,
on board fishing vessels and United States fish
processors, (ii) the actual cost of inputting collected
data, and (iii) assessments necessary for a risk-
sharing pool implemented under subsection (e) of this
section, less any amount received for such purpose from
another source or from an existing surplus in the North
Pacific Fishery Observer Fund established in subsection
(d) of this section;
(B) be fair and equitable to all participants in the
fisheries under the jurisdiction of the Council,
including the Northern Pacific halibut fishery;
(C) provide that fees collected not be used to pay
any costs of administrative overhead or other costs not
directly incurred in carrying out the plan;
(D) not be used to offset amounts authorized under
other provisions of law;
(E) be expressed as a fixed amount reflecting actual
observer costs as described in subparagraph (A) or a
percentage, not to exceed 2 percent, of the unprocessed
ex-vessel value of fish and shellfish harvested under
the jurisdiction of the Council, including the Northern
Pacific halibut fishery;
(F) be assessed against some or all fishing vessels
and United States fish processors, including those not
required to carry an observer or an electronic
monitoring system under the plan, participating in
fisheries under the jurisdiction of the Council,
including the Northern Pacific halibut fishery;
(G) provide that fees collected will be deposited in
the North Pacific Fishery Observer Fund established
under subsection (d) of this section;
(H) provide that fees collected will only be used for
implementing the plan established under this section;
(I) provide that fees collected will be credited
against any fee for stationing observers or electronic
monitoring systems on board fishing vessels and United
States fish processors and the actual cost of inputting
collected data to which a fishing vessel or fish
processor is subject under section 304(d) of this Act;
and
(J) meet the requirements of section 9701(b) of title
31, United States Code.
(c) Action by Secretary.--(1) Within 60 days after receiving
a plan or plan amendment from the North Pacific Council under
this section, the Secretary shall review such plan or plan
amendment and either (A) remand such plan or plan amendment to
the Council with comments if it does not meet the requirements
of this section, or (B) publish in the Federal Register
proposed regulations for implementing such plan or plan
amendment.
(2) During the 60-day public comment period, the Secretary
shall conduct a public hearing in each State represented on the
Council for the purpose of receiving public comments on the
proposed regulations.
(3) Within 45 days of the close of the public comment period,
the Secretary, in consultation with the Council, shall analyze
the public comment received and publish final regulations for
implementing such plan.
(4) If the Secretary remands a plan or plan amendment to the
Council for failure to meet the requirements of this section,
the Council may resubmit such plan or plan amendment at any
time after taking action the Council believes will address the
defects identified by the Secretary. Any plan or plan amendment
resubmitted to the Secretary will be treated as an original
plan submitted to the Secretary under paragraph (1) of this
subsection.
(d) Fishery Observer Fund.--There is established in the
Treasury a North Pacific Fishery Observer Fund. The Fund shall
be available, without appropriation or fiscal year limitation,
only to the Secretary for the purpose of carrying out the
provisions of this section, subject to the restrictions in
subsection (b)(2) of this section. The Fund shall consist of
all monies deposited into it in accordance with this section.
Sums in the Fund that are not currently needed for the purposes
of this section shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States.
(e) Special Provisions Regarding Observers.--(1) The
Secretary shall review--
(A) the feasibility of establishing a risk sharing
pool through a reasonable fee, subject to the
limitations of subsection (b)(2)(E) of this section, to
provide coverage for vessels and owners against
liability from civil suits by observers, and
(B) the availability of comprehensive commercial
insurance for vessel and owner liability against civil
suits by observers.
(2) If the Secretary determines that a risk sharing pool is
feasible, the Secretary shall establish such a pool, subject to
the provisions of subsection (b)(2) of this section, unless the
Secretary determines that--
(A) comprehensive commercial insurance is available
for all fishing vessels and United States fish
processors required to have observers under the
provisions of this section, and
(B) such comprehensive commercial insurance will
provide a greater measure of coverage at a lower cost
to each participant.
(f) Bycatch Reduction.--In implementing section 303(a)(11)
and this section, the North Pacific Council shall submit
conservation and management measures to lower, on an annual
basis for a period of not less than four years, the total
amount of economic discards occurring in the fisheries under
its jurisdiction.
(g) Bycatch Reduction Incentives.--(1) Notwithstanding
section 304(d), the North Pacific Council may submit, and the
Secretary may approve, consistent with the provisions of this
Act, a system of fines in a fishery to provide incentives to
reduce bycatch and bycatch rates; except that such fines shall
not exceed $25,000 per vessel per season. Any fines collected
shall be deposited in the North Pacific Fishery Observer Fund,
and may be made available by the Secretary to offset costs
related to the reduction of bycatch in the fishery from which
such fines were derived, including conservation and management
measures and research, and to the State of Alaska to offset
costs incurred by the State in the fishery from which such
penalties were derived or in fisheries in which the State is
directly involved in management or enforcement and which are
directly affected by the fishery from which such penalties were
derived.
(2)(A) Notwithstanding section 303(d), and in addition to the
authority provided in section 303(b)(10), the North Pacific
Council may submit, and the Secretary may approve, conservation
and management measures which provide allocations of regulatory
discards to individual fishing vessels as an incentive to
reduce per vessel bycatch and bycatch rates in a
fishery,Provided, That--
(i) such allocations may not be transferred for
monetary consideration and are made only on an annual
basis; and
(ii) any such conservation and management measures
will meet the requirements of subsection (h) and will
result in an actual reduction in regulatory discards in
the fishery.
(B) The North Pacific Council may submit restrictions in
addition to the restriction imposed by clause (i) of
subparagraph (A) on the transferability of any such
allocations, and the Secretary may approve such recommendation.
(h) Catch Measurement.--(1) By June 1, 1997 the North Pacific
Council shall submit, and the Secretary may approve, consistent
with the other provisions of this Act, conservation and
management measures to ensure total catch measurement in each
fishery under the jurisdiction of such Council. Such measures
shall ensure the accurate enumeration, at a minimum, of target
species, economic discards, and regulatory discards.
(2) To the extent the measures submitted under paragraph (1)
do not require United States fish processors and fish
processing vessels (as defined in chapter 21 of title 46,
United States Code) to weigh fish, the North Pacific Council
and the Secretary shall submit a plan to the Congress by
January 1, 1998, to allow for weighing, including
recommendations to assist such processors and processing
vessels in acquiring necessary equipment, unless the Council
determines that such weighing is not necessary to meet the
requirements of this subsection.
(i) Full Retention and Utilization.--(1) The North Pacific
Council shall submit to the Secretary by October 1, 1998 a
report on the advisability of requiring the full retention by
fishing vessels and full utilization by United States fish
processors of economic discards in fisheries under its
jurisdiction if such economic discards, or the mortality of
such economic discards, cannot be avoided. The report shall
address the projected impacts of such requirements on
participants in the fishery and describe any full retention and
full utilization requirements that have been implemented.
(2) The report shall address the advisability of measures to
minimize processing waste, including standards setting minimum
percentages which must be processed for human consumption. For
the purpose of the report, ``processing waste'' means that
portion of any fish which is processed and which could be used
for human consumption or other commercial use, but which is not
so used.
(j) Bering Sea and Aleutian Islands Crab Rationalization.--
(1) By not later than January 1, 2005, the Secretary
shall approve and hereafter implement by regulation the
Voluntary Three-Pie Cooperative Program for crab
fisheries of the Bering Sea and Aleutian Islands
approved by the North Pacific Fishery Management
Council between June 2002 and April 2003, and all
trailing amendments including those reported to
Congress on May 6, 2003. This section shall not
preclude the Secretary from approving by January 1,
2005, and implementing any subsequent program
amendments approved by the Council.
(2) Notwithstanding any other provision of this Act,
in carrying out paragraph (1) the Secretary shall
approve all parts of the Program referred to in such
paragraph. Further, no part of such Program may be
implemented if, as approved by the North Pacific
Fishery Management Council, individual fishing quotas,
processing quotas, community development quota
allocation, voluntary cooperatives, binding
arbitration, regional landing and processing
requirements, community protections, economic data
collection, or the loan program for crab fishing vessel
captains and crew members, is invalidated subject to a
judicial determination not subject to judicial appeal.
If the Secretary determines that a processor has
leveraged its Individual Processor Quota shares to
acquire a harvesters open-delivery ``B shares'', the
processor's Individual Processor Quota shares shall be
forfeited.
(3) Subsequent to implementation pursuant to
paragraph (1), the Council may submit and the Secretary
may implement changes to or repeal of conservation and
management measures, including measures authorized in
this section, for crab fisheries of the Bering Sea and
Aleutian Islands in accordance with applicable law,
including this Act as amended by this subsection, to
achieve on a continuing basis the purposes identified
by the Council.
(4) The loan program referred to in paragraph (2)
shall be carried out pursuant to the authority of
sections 1111 and 1112 of title XI of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g).
(5) For purposes of implementing this section
$1,000,000 shall be made available each year until
fully implemented from funds otherwise made available
to the National Marine Fisheries Service for Alaska
fisheries activities.
(6) Nothing in this Act shall constitute a waiver,
either express or implied, of the antitrust laws of the
United States. The Secretary, in consultation with the
Department of Justice and the Federal Trade Commission,
shall develop and implement a mandatory information
collection and review process to provide any and all
information necessary for the Department of Justice and
the Federal Trade Commission to determine whether any
illegal acts of anti-competition, anti-trust, or price
collusion have occurred among persons receiving
individual processing quotas under the Program. The
Secretary may revoke any individual processing quota
held by any person found to have violated a provision
of the antitrust laws of the United States.
(7) An individual processing quota issued under the
Program shall be considered a permit for the purposes
of sections 307, 308, and 309, and may be revoked or
limited at any time in accordance with this Act.
Issuance of an individual processing quota under the
program shall not confer any right of compensation to
the holder of such individual processing quota if it is
revoked or limited and shall not create, or be
construed to create, any right, title, or interest in
or to any fish before the fish is purchased from an
individual fishing quota holder.
(8) The restriction on the collection of economic
data in section 303 shall not apply with respect to any
fish processor who is eligible for, or who has
received, individual processing quota under the
Program. The restriction on the disclosure of
information in section 402(b)(1) shall not apply when
the information is used to determine eligibility for or
compliance with an individual processing quota program.
(9) The provisions of sections 308, 310, and 311
shall apply to the processing facilities and fish
products of any person holding individual processing
quota, and the provisions of subparagraphs (D), (E),
and (L) of section 307(l) shall apply to any facility
owned or controlled by a person holding individual
processing quota.
(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. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT PROGRAM.
(a) Program.--(1) Not later than October 1, 1993, the
Secretary shall establish a Northwest Atlantic Ocean Fisheries
Reinvestment Program for the purposes of--
(A) promoting development of commercial fisheries and
markets for underutilized species of the northwest
Atlantic Ocean;
(B) developing alternative fishing opportunities for
participants in the New England groundfish fishery;
(C) providing technical support and assistance to
United States fishermen and fish processors to improve
the value-added processing of underutilized species and
to make participation in fisheries for underutilized
species of the northwest Atlantic Ocean economically
viable;
(D) creating new economic opportunities through the
improved processing and expanded use of fish waste; and
(E) helping to restore [overfished] depleted New
England groundfish stocks through aquaculture or
hatchery programs.
(2) Consultation.--In establishing and implementing the
Northwest Fisheries Reinvestment Program, the Secretary shall
consult with representatives of the commercial fishing
industry, the seafood processing industry, and the academic
community (including the National Sea Grant Program).
(3) Activities Under Program.--Subject to the availability of
appropriations, the Secretary shall award contracts, grants and
other financial assistance to United States citizens to carry
out the purposes of subsection (1), under the terms and
conditions provided in section 2(c) of the Act of August 11,
1939 (15 U.S.C. 713c-3(c); commonly referred to as the
``Saltonstall-Kennedy Act''), except that, in making awards
under this section for projects involving participation in
fisheries for underutilized species, the Secretary shall give
the highest priority to a person who owns or operates a fishing
vessel permitted under this Act to participate in the New
England groundfish fishery who agrees to surrender that permit
to the Secretary during the duration of the contract, grant or
other assistance.
(4) Authorization of Appropriations.--There are authorized to
be appropriated $5,000,000 for each of fiscal years 1993
through 1999 to carry out the purposes of this section. For
fiscal year 1993 no more than $1,000,000, and for fiscal year
1994 no more than $2,000,000, of such funds may be provided
from monies made available under section 2(b) of the Act of
August 11, 1939 (15 U.S.C. 713c-3(b)).
(b) Assistance of Other Agencies.--The Secretary shall
actively seek the assistance of other Federal agencies in the
development of fisheries for underutilized species of the
northwest Atlantic Ocean, including, to the extent permitted by
other applicable laws, assistance from the Secretary of
Agriculture in including such underutilized species as
agricultural commodities in the programs of the Foreign
Agricultural Service for which amounts are authorized under the
Food, Agriculture, Conservation, and Trade Act of 1990 (Public
Law 101-624; 104 Stat. 3359).
(c) Management Plans for Underutilized Species.--The New
England Fishery Management Council, in consultation with other
appropriate Councils, shall develop fishery management plans as
soon as possible for any underutilized species of the northwest
Atlantic Ocean that is not covered under such a plan, in order
to prevent overfishing of that species.
(d) Underutilized Species Defined.--For purposes of this
section, the term ``underutilized species of the northwest
Atlantic Ocean'' means any fish species of the northwest
Atlantic Ocean that is identified, by the Director of the
Northeast Fisheries Center of the National Marine Fisheries
Service, as an underutilized species.
* * * * * * *
SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
(a) In General.--(1) The Secretary of Commerce, in
consultation with the Councils, shall establish a cooperative
research and management program to address needs identified
under this Act and under any other marine resource laws
enforced by the Secretary. The program shall be implemented on
a regional basis and shall be developed and conducted through
partnerships among Federal, State, and Tribal managers and
scientists (including interstate fishery commissions), fishing
industry participants (including use of commercial charter or
recreational vessels for gathering data), and educational
institutions.
(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.
(b) Eligible Projects.--The Secretary shall make funds
available under the program for the support of projects to
address critical needs identified by the Councils in
consultation with the Secretary. The program shall promote and
encourage efforts to utilize sources of data maintained by
other Federal agencies, State agencies, or academia for use in
such projects.
(c) [Funding] Priorities.--In making funds available the
Secretary shall award funding on a competitive basis and based
on regional fishery management needs, select programs that form
part of a coherent program of research focused on solving
priority issues identified by the Councils, and shall give
priority to the following projects:
(1) Projects to collect data to improve, supplement,
or enhance stock assessments, [including the use of
fishing vessels or acoustic or other marine
technology.] 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.
(2) Projects to assess the amount and type of bycatch
or post-release mortality occurring in a fishery.
(3) Conservation engineering projects designed to
reduce bycatch, including avoidance of post-release
mortality, reduction of bycatch in high seas fisheries,
and transfer of such fishing technologies to other
nations.
(4) Projects for the identification of habitat areas
of particular concern and for habitat conservation.
(5) Projects designed to collect and compile economic
and social data.
(d) Experimental Permitting Process.--Not later than 180 days
after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006, the
Secretary, in consultation with the Councils, shall promulgate
regulations that create an expedited, uniform, and regionally-
based process to promote issuance, where practicable, of
experimental fishing permits.
(e) Guidelines.--The Secretary, in consultation with the
Councils, shall establish guidelines to ensure that
participation in a research project funded under this section
does not result in loss of a participant's catch history or
unexpended days-at-sea as part of a limited entry system.
(f) Exempted Projects.--The procedures of this section shall
not apply to research funded by quota set-asides in a fishery.
* * * * * * *
TITLE IV--FISHERY MONITORING AND RESEARCH
SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.
(a) Standardized Fishing Vessel Registration and Information
Management System.--The Secretary shall, in cooperation with
the Secretary of the department in which the Coast Guard is
operating, the States, the Councils, and Marine Fisheries
Commissions, develop recommendations for implementation of a
standardized fishing vessel registration and information
management system on a regional basis. The recommendations
shall be developed after consultation with interested
governmental and nongovernmental parties and shall--
(1) be designed to standardize the requirements of
vessel registration and information collection systems
required by this Act, the Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.), and any other marine resource
law implemented by the Secretary, and, with the
permission of a State, any marine resource law
implemented by such State;
(2) integrate information collection programs under
existing fishery management plans into a non-
duplicative information collection and management
system;
(3) avoid duplication of existing State, tribal, or
Federal systems and shall utilize, to the maximum
extent practicable, information collected from existing
systems;
(4) provide for implementation of the system through
cooperative agreements with appropriate State,
regional, or tribal entities and Marine Fisheries
Commissions;
(5) provide for funding (subject to appropriations)
to assist appropriate State, regional, or tribal
entities and Marine Fisheries Commissions in
implementation;
(6) establish standardized units of measurement,
nomenclature, and formats for the collection and
submission of information;
(7) minimize the paperwork required for vessels
registered under the system;
(8) include all species of fish within the geographic
areas of authority of the Councils and all fishing
vessels including charter fishing vessels, but
excluding recreational fishing vessels;
(9) require United States fish processors, and fish
dealers and other first ex-vessel purchasers of fish
that are subject to the proposed system, to submit
information (other than economic information) which may
be necessary to meet the goals of the proposed system;
and
(10) include procedures necessary to ensure--
(A) the confidentiality of information
collected under this section in accordance with
section 402(b); and
(B) the timely release or availability to the
public of information collected under this
section consistent with section 402(b).
(b) Fishing Vessel Registration.--The proposed registration
system should, at a minimum, obtain the following information
for each fishing vessel--
(1) the name and official number or other
identification, together with the name and address of
the owner or operator or both;
(2) gross tonnage, vessel capacity, type and quantity
of fishing gear, mode of operation (catcher, catcher
processor, or other), and such other pertinent
information with respect to vessel characteristics as
the Secretary may require; and
(3) identification (by species, gear type, geographic
area of operations, and season) of the fisheries in
which the fishing vessel participates.
(c) Fishery Information.--The proposed information management
system should, at a minimum, provide basic fisheries
performance information for each fishery, including--
(1) the number of vessels participating in the
fishery including charter fishing vessels;
(2) the time period in which the fishery occurs;
(3) the approximate geographic location or official
reporting area where the fishery occurs;
(4) a description of fishing gear used in the
fishery, including the amount and type of such gear and
the appropriate unit of fishing effort; and
(5) other information required under subsection
303(a)(5) or requested by the Council under section
402.
(d) Use of Registration.--Any registration recommended under
this section shall not be considered a permit for the purposes
of this Act, and the Secretary may not propose to revoke,
suspend, deny, or impose any other conditions or restrictions
on any such registration or the use of such registration under
this Act.
(e) Public Comment.--Within one year after the date of
enactment of the Sustainable Fisheries Act, the Secretary shall
publish in the Federal Register for a 60-day public comment
period a proposal that would provide for implementation of a
standardized fishing vessel registration and information
collection system that meets the requirements of subsections
(a) through (c). The proposal shall include--
(1) a description of the arrangements of the
Secretary for consultation and cooperation with the
department in which the Coast Guard is operating, the
States, the Councils, Marine Fisheries Commissions, the
fishing industry and other interested parties; and
(2) any proposed regulations or legislation necessary
to implement the proposal.
(f) Congressional Transmittal.--Within 60 days after the end
of the comment period and after consideration of comments
received under subsection (e), the Secretary shall transmit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of
Representatives a recommended proposal for implementation of a
national fishing vessel registration system that includes--
(1) any modifications made after comment and
consultation;
(2) a proposed implementation schedule, including a
schedule for the proposed cooperative agreements
required under subsection (a)(4); and
(3) recommendations for any such additional
legislation as the Secretary considers necessary or
desirable to implement the proposed system.
(g) Recreational Fisheries.--
(1) Federal program.--The Secretary shall establish
and implement a regionally based registry program for
recreational fishermen in each of the 8 fishery
management regions. The program, which shall not
require a fee before January 1, 2011, shall provide
for--
(A) the registration (including
identification and contact information) of
individuals who engage in recreational
fishing--
(i) in the Exclusive Economic Zone;
(ii) for anadromous species; or
(iii) for Continental Shelf fishery
resources beyond the Exclusive Economic
Zone; and
(B) if appropriate, the registration
(including the ownership, operator, and
identification of the vessel) of vessels used
in such fishing.
(2) State programs.--The Secretary shall exempt from
registration under the program recreational fishermen
and charter fishing vessels licensed, permitted, or
registered under the laws of a State if the Secretary
determines that information from the State program is
suitable for the Secretary's use or is used to assist
in completing marine recreational fisheries statistical
surveys, or evaluating the effects of proposed
conservation and management measures for marine
recreational fisheries.
(3) Data collection.--
(A) Improvement of the marine recreational
fishery statistics survey.--Within 24 months
after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary, in
consultation with representatives of the
recreational fishing industry and experts in
statistics, technology, and other appropriate
fields, shall establish a program to improve
the quality and accuracy of information
generated by the Marine Recreational Fishery
Statistics Survey, with a goal of achieving
acceptable accuracy and utility for each
individual fishery.
(B) NRC report recommendations.--The program
shall take into consideration and, to the
extent feasible, implement the recommendations
of the National Research Council in its report
Review of Recreational Fisheries Survey Methods
(2006), including--
(i) redesigning the Survey to improve
the effectiveness and appropriateness
of sampling and estimation procedures,
its applicability to various kinds of
management decisions, and its
usefulness for social and economic
analyses; and
(ii) providing for ongoing technical
evaluation and modification as needed
to meet emerging management needs.
(C) Methodology.--Unless the Secretary
determines that alternate methods will achieve
this goal more efficiently and effectively, the
program shall, to the extent possible,
include--
(i) an adequate number of intercepts
to accurately estimate recreational
catch and effort;
(ii) use of surveys that target
anglers registered or licensed at the
State or Federal level to collect
participation and effort data;
(iii) collection and analysis of
vessel trip report data from charter
fishing vessels;
(iv) development of a weather
corrective factor that can be applied
to recreational catch and effort
estimates; and
(v) an independent committee composed
of recreational fishermen, academics,
persons with expertise in stock
assessments and survey design, and
appropriate personnel from the National
Marine Fisheries Service to review the
collection estimates, geographic, and
other variables related to dockside
intercepts and to identify deficiencies
in recreational data collection, and
possible correction measures.
(D) Deadline.--The Secretary shall complete
the program under this paragraph and implement
the improved Marine Recreational Fishery
Statistics Survey not later than January 1,
2009.
(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.
[(4)] (5) Report.--Within 24 months after
establishment of the program, the Secretary shall
submit a report to Congress that describes the progress
made toward achieving the goals and objectives of the
program.
* * * * * * *
SEC. 404. FISHERIES RESEARCH.
(a) In General.--The Secretary shall initiate and maintain,
in cooperation with the Councils, a comprehensive program of
fishery research to carry out and further the purposes, policy,
and provisions of this Act. Such program shall be designed to
acquire knowledge and information, including statistics, on
fishery conservation and management and on the economics and
social characteristics of the fisheries.
(b) Strategic Plan.--Within one year after the date of
enactment of the Sustainable Fisheries Act, and at least every
3 years thereafter, the Secretary shall develop and publish in
the Federal Register a strategic plan for fisheries research
for the 5 years immediately following such publication. The
plan shall--
(1) identify and describe a comprehensive program
with a limited number of priority objectives for
research in each of the areas specified in subsection
(c);
(2) indicate goals and timetables for the program
described in paragraph (1);
(3) provide a role for commercial fishermen in such
research, including involvement in field testing;
(4) provide for collection and dissemination, in a
timely manner, of complete and accurate information
concerning fishing activities, catch, effort, stock
assessments, and other research conducted under this
section; and
(5) be developed in cooperation with the Councils and
affected States, and provide for coordination with the
Councils, affected States, and other research entities.
(c) Areas of Research.--Areas of research are as follows:
(1) Research to support fishery conservation and
management, including but not limited to, biological
research concerning the abundance and life history
parameters of stocks of fish, the interdependence of
fisheries or stocks of fish, the identification of
essential fish habitat, the impact of pollution on fish
populations, the impact of wetland and estuarine
degradation, and other factors affecting the abundance
and availability of fish.
(2) Conservation engineering research, including the
study of fish behavior and the development and testing
of new gear technology and fishing techniques to
minimize bycatch and any adverse effects on essential
fish habitat and promote efficient harvest of target
species.
(3) Research on the fisheries, including the social,
cultural, and economic relationships among fishing
vessel owners, crew, United States fish processors,
associated shoreside labor, seafood markets and fishing
communities.
(4) Information management research, including the
development of a fishery information base and an
information management system that will permit the full
use of information in the support of effective fishery
conservation and management.
(d) Public Notice.--In developing the plan required under
subsection (a), the Secretary shall consult with relevant
Federal, State, and international agencies, scientific and
technical experts, and other interested persons, public and
private, and shall publish a proposed plan in the Federal
Register for the purpose of receiving public comment on the
plan. The Secretary shall ensure that affected commercial
fishermen are actively involved in the development of the
portion of the plan pertaining to conservation engineering
research. Upon final publication in the Federal Register, the
plan shall be submitted by the Secretary to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives.
(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.
(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.
SEC. 405. INCIDENTAL HARVEST RESEARCH.
(a) Collection of Information.--Within nine months after the
date of enactment of the Sustainable Fisheries Act, the
Secretary shall, after consultation with the Gulf Council and
South Atlantic Council, conclude the collection of information
in the program to assess the impact on fishery resources of
incidental harvest by the shrimp trawl fishery within the
authority of such Councils. Within the same time period, the
Secretary shall make available to the public aggregated
summaries of information collected prior to June 30, 1994 under
such program.
(b) Identification of Stock.--The program concluded pursuant
to subsection (a) shall provide for the identification of
stocks of fish which are subject to significant incidental
harvest in the course of normal shrimp trawl fishing activity.
(c) Collection and Assessment of Specific Stock
Information.--For stocks of fish identified pursuant to
subsection (b), with priority given to stocks which (based upon
the best available scientific information) are considered to be
[overfished] depleted, the Secretary shall conduct--
(1) a program to collect and evaluate information on
the nature and extent (including the spatial and
temporal distribution) of incidental mortality of such
stocks as a direct result of shrimp trawl fishing
activities;
(2) an assessment of the status and condition of such
stocks, including collection of information which would
allow the estimation of life history parameters with
sufficient accuracy and precision to support sound
scientific evaluation of the effects of various
management alternatives on the status of such stocks;
and
(3) a program of information collection and
evaluation for such stocks on the magnitude and
distribution of fishing mortality and fishing effort by
sources of fishing mortality other than shrimp trawl
fishing activity.
(d) Bycatch Reduction Program.--Not later than 12 months
after the enactment of the Sustainable Fisheries Act, the
Secretary shall, in cooperation with affected interests, and
based upon the best scientific information available, complete
a program to--
(1) develop technological devices and other changes
in fishing operations necessary and appropriate to
minimize the incidental mortality of bycatch in the
course of shrimp trawl activity to the extent
practicable, taking into account the level of bycatch
mortality in the fishery on November 28, 1990;
(2) evaluate the ecological impacts and the benefits
and costs of such devices and changes in fishing
operations; and
(3) assess whether it is practicable to utilize
bycatch which is not avoidable.
(e) Report to Congress.--The Secretary shall, within one year
of completing the programs required by this section, submit a
detailed report on the results of such programs to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Resources of the House of
Representatives.
(f) Implementation Criteria.--To the extent practicable, any
conservation and management measure implemented under this Act
to reduce the incidental mortality of bycatch in the course of
shrimp trawl fishing shall be consistent with--
(1) measures applicable to fishing throughout the
range in United States waters of the bycatch species
concerned; and
(2) the need to avoid any serious adverse
environmental impacts on such bycatch species or the
ecology of the affected area.
* * * * * * *
SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.
[(a) Independent Peer Review.--(1) Within 30 days of the date
of enactment of the Sustainable Fisheries Act, the Secretary
shall initiate an independent peer review to evaluate--
[(A) the accuracy and adequacy of fishery statistics
used by the Secretary for the red snapper fishery in
the Gulf of Mexico to account for all commercial,
recreational, and charter fishing harvests and fishing
effort on the stock;
[(B) the appropriateness of the scientific methods,
information, and models used by the Secretary to assess
the status and trends of the Gulf of Mexico red snapper
stock and as the basis for the fishery management plan
for the Gulf of Mexico red snapper fishery;
[(C) the appropriateness and adequacy of the
management measures in the fishery management plan for
red snapper in the Gulf of Mexico for conserving and
managing the red snapper fishery under this Act; and
[(D) the costs and benefits of all reasonable
alternatives to a limited access privilege program for
the red snapper fishery in the Gulf of Mexico.
[(2) The Secretary shall ensure that commercial,
recreational, and charter fishermen in the red snapper fishery
in the Gulf of Mexico are provided an opportunity to--
[(A) participate in the peer review under this
subsection; and
[(B) provide information to the Secretary concerning
the review of fishery statistics under this subsection
without being subject to penalty under this Act or
other applicable law for any past violation of a
requirement to report such information to the
Secretary.
[(3) The Secretary shall submit a detailed written report on
the findings of the peer review conducted under this subsection
to the Gulf Council no later than one year after the date of
enactment of the Sustainable Fisheries Act.
[(b) Prohibition.--In addition to the restrictions under
section 303(d)(1)(A), the Gulf Council may not, prior to
October 1, 2002, undertake or continue the preparation of any
fishery management plan, plan amendment or regulation under
this Act for the Gulf of Mexico commercial red snapper fishery
that creates an individual fishing quota program or that
authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels
in the same class.
[(c) Referendum.--
[(1) On or after October 1, 2002, the Gulf Council
may prepare and submit a fishery management plan, plan
amendment, or regulation for the Gulf of Mexico
commercial red snapper fishery that creates a limited
access privilege program or that authorizes the
consolidation of licenses, permits, or endorsements
that result in different trip limits for vessels in the
same class, only if the preparation of such plan,
amendment, or regulation is approved in a referendum
conducted under paragraph (2) and only if the
submission to the Secretary of such plan, amendment, or
regulation is approved in a subsequent referendum
conducted under paragraph (2).
[(2) The Secretary, at the request of the Gulf
Council, shall conduct referendums under this
subsection. Only a person who held an annual vessel
permit with a red snapper endorsement for such permit
on September 1, 1996 (or any person to whom such permit
with such endorsement was transferred after such date)
and vessel captains who harvested red snapper in a
commercial fishery using such endorsement in each red
snapper fishing season occurring between January 1,
1993, and such date may vote in a referendum under this
subsection. The referendum shall be decided by a
majority of the votes cast. The Secretary shall develop
a formula to weigh votes based on the proportional
harvest under each such permit and endorsement and by
each such captain in the fishery between January 1,
1993, and September 1, 1996. Prior to each referendum,
the Secretary, in consultation with the Council,
shall--
[(A) identify and notify all such persons
holding permits with red snapper endorsements
and all such vessel captains; and
[(B) make available to all such persons and
vessel captains information about the schedule,
procedures, and eligibility requirements for
the referendum and the proposed individual
fishing quota program.
[(d) Catch Limits.--Any fishery management plan, plan
amendment, or regulation submitted by the Gulf Council for the
red snapper fishery after the date of enactment of the
Sustainable Fisheries Act shall contain conservation and
management measures that--
[(1) establish separate quotas for recreational
fishing (which, for the purposes of this subsection
shall include charter fishing) and commercial fishing
that, when reached, result in a prohibition on the
retention of fish caught during recreational fishing
and commercial fishing, respectively, for the remainder
of the fishing year; and
[(2) ensure that such quotas reflect allocations
among such sectors and do not reflect any harvests in
excess of such allocations.]
(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.
* * * * * * *
----------
AMERICAN FISHERIES ACT
DIVISION C--OTHER MATTERS
* * * * * * *
TITLE II--FISHERIES
* * * * * * *
Subtitle II--Bering Sea Pollock Fishery
* * * * * * *
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) Public Notice.--(1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15
U.S.C. 521) in the directed pollock fishery and any material
modifications to any such contract shall be filed not less than
30 days prior to the start of fishing under the contract with
the North Pacific Council and with the Secretary, together with
a copy of a letter from a party to the contract requesting a
business review letter on the fishery cooperative from the
Department of Justice and any response to such request.
Notwithstanding section 402 of the Magnuson-Stevens Act (16
U.S.C. 1881a) or any other provision of law, but taking into
account the interest of parties to any such contract in
protecting the confidentiality of proprietary information, the
North Pacific Council and Secretary shall--
(A) make available to the public such information
about the contract, contract modifications, or fishery
cooperative the North Pacific Council and Secretary
deem appropriate, which at a minimum shall include a
list of the parties to the contract, a list of the
vessels involved, and the amount of pollock and other
fish to be harvested by each party to such contract;
and
(B) make available to the public in such manner as
the North Pacific Council and Secretary deem
appropriate information about the harvest by vessels
under a fishery cooperative of all species (including
bycatch) in the directed pollock fishery on a vessel-
by-vessel basis.
(b) Catcher Vessels Onshore.--
(1) Catcher vessel cooperatives.--Effective January
1, 2000, upon the filing of a contract implementing a
fishery cooperative under subsection (a) which--
(A) is signed by the owners of 80 percent or
more of the qualified catcher vessels that
delivered pollock for processing by a shoreside
processor in the directed pollock fishery in
the year prior to the year in which the fishery
cooperative will be in effect; and
(B) specifies, except as provided in
paragraph (6), that such catcher vessels will
deliver pollock in the directed pollock fishery
only to such shoreside processor during the
year in which the fishery cooperative will be
in effect and that such shoreside processor has
agreed to process such pollock,
the Secretary shall allow only such catcher vessels
(and catcher vessels whose owners voluntarily
participate pursuant to paragraph (2)) to harvest the
aggregate percentage of the directed fishing allowance
under section 206(b)(1) in the year in which the
fishery cooperative will be in effect that is
equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher
vessels whose owners voluntarily participate pursuant
to paragraph (2)) in the directed pollock fishery for
processing by the inshore component during 1995, 1996,
and 1997 relative to the aggregate total amount of
pollock harvested in the directed pollock fishery for
processing by the inshore component during such years
and shall prevent such catcher vessels (and catcher
vessels whose owners voluntarily participate pursuant
to paragraph (2)) from harvesting in aggregate in
excess of such percentage of such directed fishing
allowance.
(2) Voluntary participation.--Any contract
implementing a fishery cooperative under paragraph (1)
must allow the owners of other qualified catcher
vessels to enter into such contract after it is filed
and before the calender year in which fishing will
begin under the same terms and conditions as the owners
of the qualified catcher vessels who entered into such
contract upon filing.
(3) Qualified catcher vessel.--For the purposes of
this subsection, a catcher vessel shall be considered a
``qualified catcher vessel'' if, during the year prior
to the year in which the fishery cooperative will be in
effect, it delivered more pollock to the shoreside
processor to which it will deliver pollock under the
fishery cooperative in paragraph (1) than to any other
shoreside processor.
(4) Consideration of certain vessels.--Any contract
implementing a fishery cooperative under paragraph (1)
which has been entered into by the owner of a qualified
catcher vessel eligible under section 208(a) that
harvested pollock for processing by catcher/processors
or motherships in the directed pollock fishery during
1995, 1996, and 1997 shall, to the extent practicable,
provide fair and equitable terms and conditions for the
owner of such qualified catcher vessel.
(5) Open access.--A catcher vessel eligible under
section 208(a) the catch history of which has not been
attributed to a fishery cooperative under paragraph (1)
may be used to deliver pollock harvested by such vessel
from the directed fishing allowance under section
206(b)(1) (other than pollock reserved under paragraph
(1) for a fishery cooperative) to any of the shoreside
processors eligible under section 208(f). A catcher
vessel eligible under section 208(a) the catch history
of which has been attributed to a fishery cooperative
under paragraph (1) during any calendar year may not
harvest any pollock apportioned under section 206(b)(1)
in such calendar year other than the pollock reserved
under paragraph (1) for such fishery cooperative.
(6) Transfer of cooperative harvest.--A contract
implementing a fishery cooperative under paragraph (1)
may, notwithstanding the other provisions of this
subsection, provide for up to 10 percent of the pollock
harvested under such cooperative to be processed by a
shoreside processor eligible under section 208(f) other
than the shoreside processor to which pollock will be
delivered under paragraph (1).
(7) Fishery cooperative exit provisions.--
(A) Fishing allowance determination.--For
purposes of determining the aggregate
percentage of directed fishing allowances under
paragraph (1), when a catcher vessel is removed
from the directed pollock fishery, the fishery
allowance for pollock for the vessel being
removed--
(i) shall be based on the catch
history determination for the vessel
made pursuant to section 679.62 of
title 50, Code of Federal Regulations,
as in effect on the date of enactment
of the Coast Guard Authorization Act of
2010; and
(ii) shall be assigned, for all
purposes under this title, in the
manner specified by the owner of the
vessel being removed to any other
catcher vessel or among other catcher
vessels participating in the fishery
cooperative if such vessel or vessels
remain in the fishery cooperative for
at least one year after the date on
which the vessel being removed leaves
the directed pollock fishery.
(B) Eligibility for fishery endorsement.--
Except as provided in subparagraph (C), a
vessel that is removed pursuant to this
paragraph shall be permanently ineligible for a
fishery endorsement, and any claim (including
relating to catch history) associated with such
vessel that could qualify any owner of such
vessel for any permit to participate in any
fishery within the exclusive economic zone of
the United States shall be extinguished, unless
such removed vessel is thereafter designated to
replace a vessel to be removed pursuant to this
paragraph.
(C) Limitations on statutory construction.--
Nothing in this paragraph shall be construed--
(i) to make the vessels AJ (United
States official number 905625), DONA
MARTITA (United States official number
651751), NORDIC EXPLORER (United States
official number 678234), and PROVIDIAN
(United States official number 1062183)
ineligible for a fishery endorsement or
any permit necessary to participate in
any fishery under the authority of the
New England Fishery Management Council
or the Mid-Atlantic Fishery Management
Council established, respectively,
under subparagraphs (A) and (B) of
section 302(a)(1) of the Magnuson-
Stevens Act; or
(ii) to allow the vessels referred to
in clause (i) to participate in any
fishery under the authority of the
Councils referred to in clause (i) in
any manner that is not consistent with
the fishery management plan for the
fishery developed by the Councils under
section 303 of the Magnuson-Stevens
Act.
(c) Catcher Vessels to Catcher/Processors.--Effective January
1, 1999, not less than 8.5 percent of the directed fishing
allowance under section 206(b)(2) shall be available for
harvest only by the catcher vessels eligible under section
208(b). The owners of such catcher vessels may participate in a
fishery cooperative with the owners of the catcher/processors
eligible under paragraphs (1) through (20) of the section
208(e). The owners of such catcher vessels may participate in a
fishery cooperative that will be in effect during 1999 only if
the contract implementing such cooperative establishes
penalties to prevent such vessels from exceeding in 1999 the
traditional levels harvested by such vessels in all other
fisheries in the exclusive economic zone of the United States.
(d) Catcher Vessels to Motherships.--
(1) Processing.--Effective January 1, 2000, the
authority in section 1 of the Act of June 25, 1934 (48
Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall
extend to processing by motherships eligible under
section 208(d) solely for the purposes of forming or
participating in a fishery cooperative in the directed
pollock fishery upon the filing of a contract to
implement a fishery cooperative under subsection (a)
which has been entered into by the owners of 80 percent
or more of the catcher vessels eligible under section
208(c) for the duration of such contract, provided that
such owners agree to the terms of the fishery
cooperative involving processing by the motherships.
(2) Voluntary participation.--Any contract
implementing a fishery cooperative described in
paragraph (1) must allow the owners of any other
catcher vessels eligible under section 208(c) to enter
such contract after it is filed and before the calendar
year in which fishing will begin under the same terms
and conditions as the owners of the catcher vessels who
entered into such contract upon filing.
(e) Excessive Shares.--
[(1) Harvesting.--No particular individual,
corporation, or other entity may harvest, through a
fishery cooperative or otherwise, a total of more than
17.5 percent of the pollock available to be harvested
in the directed pollock fishery.]
(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.
(2) Processing.--Under the authority of section
301(a)(4) of the Magnuson-Stevens Act (16 U.S.C.
1851(a)(4)), the North Pacific Council is directed to
recommend for approval by the Secretary conservation
and management measures to prevent any particular
individual or entity from processing an excessive share
of the pollock available to be harvested in the
directed pollock fishery. In the event the North
Pacific Council recommends and the Secretary approves
an excessive processing share that is lower than 17.5
percent, any individual or entity that previously
processed a percentage greater than such share shall be
allowed to continue to process such percentage, except
that their percentage may not exceed 17.5 percent
(excluding pollock processed by catcher/processors that
was harvested in the directed pollock fishery by
catcher vessels eligible under 208(b)) and shall be
reduced if their percentage decreases, until their
percentage is below such share. In recommending the
excessive processing share, the North Pacific Council
shall consider the need of catcher vessels in the
directed pollock fishery to have competitive buyers for
the pollock harvested by such vessels.
(3) Review by maritime administration.--At the
request of the North Pacific Council or the Secretary,
any individual or entity believed by such Council or
the Secretary to have exceeded the percentage in either
paragraph (1) or (2) shall submit such information to
the Administrator of the Maritime Administration as the
Administrator deems appropriate to allow the
Administrator to determine whether such individual or
entity has exceeded either such percentage. The
Administrator shall make a finding as soon as
practicable upon such request and shall submit such
finding to the North Pacific Council and the Secretary.
For the purposes of this subsection, any entity in
which 10 percent or more of the interest is owned or
controlled by another individual or entity shall be
considered to be the same entity as the other
individual or entity.
(f) Landing Tax Jurisdiction.--Any contract filed under
subsection (a) shall include a contract clause under which the
parties to the contract agree to make payments to the State of
Alaska for any pollock harvested in the directed pollock
fishery which is not landed in the State of Alaska, in amounts
which would otherwise accrue had the pollock been landed in the
State of Alaska subject to any landing taxes established under
Alaska law. Failure to include such a contract clause or for
such amounts to be paid shall result in a revocation of the
authority to form fishery cooperatives under section 1 of the
Act of June 25, 1934 (15 U.S.C. 521 et seq.).
(g) Penalties.--The violation of any of the requirements of
this subtitle or any regulation or permit issued pursuant to
this subtitle shall be considered the commission of an act
prohibited by section 307 of the Magnuson-Stevens Act (16
U.S.C. 1857), and sections 308, 309, 310, and 311 of such Act
(16 U.S.C. 1858, 1859, 1860, and 1861) shall apply to any such
violation in the same manner as to the commission of an act
prohibited by section 307 of such Act (16 U.S.C. 1857). In
addition to the civil penalties and permit sanctions applicable
to prohibited acts under section 308 of such Act (16 U.S.C.
1858), any person who is found by the Secretary, after notice
and an opportunity for a hearing in accordance with section 554
of title 5, United States Code, to have violated a requirement
of this section shall be subject to the forfeiture to the
Secretary of Commerce of any fish harvested or processed during
the commission of such act.
* * * * * * *
DISSENTING VIEWS
H.R. 200 would reauthorize and amend the Magnuson-Stevens
Fishery Conservation and Management Act (MSA), the law that
governs fishing in the U.S. Exclusive Economic Zone (EEZ). We
oppose this legislation because it would roll back important
elements of the law which are critical to making fisheries and
the fishing industry in the United States economically and
environmentally sustainable.
Congress first enacted the Fishery Conservation and
Management Act in 1976 with two main goals in mind: put an end
to unregulated fishing by foreign fleets in U.S. waters, and
develop domestic fleets that could reap the economic benefit of
our considerable fishery resources. The law worked very well;
foreign fishing was phased out, and investments in the domestic
fleet were increased. Unfortunately, this capitalization worked
so well that domestic fishing soon replaced foreign fleets in
overexploiting U.S. fisheries.
In 1996 and 2007, two MSA reauthorizations were enacted to
end overfishing, promote rebuilding of overfished stocks,
protect fish habitat, improve fisheries science, and minimize
bycatch. But it was only in 2007 that Congress first required
all eight Regional Fishery Management Councils to set science-
based annual catch limits (ACLs) to prevent overfishing, and to
put in place accountability measures ensuring that exceeding an
ACL meant a reduction in harvest the following year. In
addition, in cases where a fishery may still become overfished,
Councils are now required to end overfishing immediately. These
changes, coupled with the 1996 reforms, have succeeded in
ending overfishing in nearly all fisheries, and putting
overfished stocks on a path to rebuilding. Most important, they
have helped insulate the Councils from pressure to make
politically-driven management decisions that hurt fishing
communities in the long run.
It is important to note that the 1996 and 2007
reauthorizations were bipartisan bills worked on, and voted
for, by Republicans and Democrats alike, because everybody
recognized the need to address the number of declining and
collapsed fish stocks. While the current MSA may not be
perfect, members in both parties recognize the incredible
sustainability and economic gains made since 2007. What is
needed now are updates to the MSA that address specific issues
and keep the law current, not a weakening of the law and roll-
back of conservation measures as is found in H.R. 200. Contrary
to the two previous reauthorizations, H.R. 200 was developed
with very little input.
It did not have to be this way. Water, Power, and Oceans
Subcommittee Ranking Member Jared Huffman (D-CA) developed a
discussion draft of an MSA reauthorization bill that included a
number of Democratic and Republican priorities. That draft was
included on the same hearing docket as H.R. 200, and Chairman
Don Young (R-AK) agreed to work with Democratic Members and
staff to develop a bipartisan bill. Unfortunately, Chairman
Bishop pulled the plug on promising negotiations and rushed to
markup with a half-baked mashup of bad ideas that we feel
deserves to be called the Empty Oceans Act.
The fishery-related provisions of H.R. 200 are an
overreaction to the complaints of a very few in the industry
who need the requirements of the law the most. Under the guise
of providing ``flexibility'' for fishery managers, H.R. 200
would undermine the rebuilding requirements in current law.
These rollbacks in particular are job-killers. NOAA estimates
that fully rebuilt fisheries would add an estimated $31 billion
to the economy and create 500,000 new jobs. Rebuilding
overfished stocks is the key to improving fishing economies,
and we must not delay that process; once fish stocks are gone,
they cannot be rebuilt. Of further concern, the bill would
eliminate the requirement to set ACLs for dozens of vulnerable
stocks, and allow recreational anglers to overfish stocks with
impunity by incorporating poorly thought out provisions of the
Modernizing Recreational Fisheries Act (S. 1520).
Because weakening fisheries policy is apparently not
enough, H.R. 200 also attacks bedrock environmental laws such
as the Endangered Species Act, the Antiquities Act, and the
National Marine Sanctuaries Act by making them subservient to
the Councils under the MSA. The inclusion of these provisions
shows clearly that Republicans are only concerned with
advancing an extreme agenda to undermine our core conservation
statutes and not with improving the management of our
fisheries.
Republicans also rejected a number of Democratic amendments
at Committee markup. These included Representative Beyer's (D-
VA) amendment to remove the damaging ESA, Antiquities Act, and
National Marine Sanctuaries Act language, Representative
Lowenthal's (D-CA) amendment to ensure catch limits are based
on sound science, Representative McEachin's amendment to
integrate climate change considerations in fishery management
decisions, and Representative Bordallo's amendment to prevent
politically-driven delays in rebuilding overfished stocks. At
the same time, two Republican amendments offered by
Representative Graves (R-LA) were adopted. One would eliminate
the requirement to protect essential fish habitat in Louisiana
state waters and possibly elsewhere. The other changes language
related to recreational catch-and-release fishing and may have
unintended consequences for stocks that receive heavy
recreational fishing pressure.
While we have many healthy fisheries in the United States,
we also have many that remain in dangerously depleted states or
are only beginning their recovery. We have heard consistently
from commercial and recreational fishermen, fishery managers,
and the conservation community that the Magnuson-Stevens Act is
working, and that the massive overhaul envisioned by this bill
is not warranted. Without keeping strong conservation measures
in place and continuing to improve management through better
science, we will never realize the full potential of our
fishery resources for sustainable economic development. For
these reasons, we oppose H.R. 200 as reported.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
Niki Tsongas.
Donald S. Beyer, Jr.
A. Donald McEachin.
Grace F. Napolitano.
Jared Huffman.
Darren Soto.
Nydia M. Velazquez.