H.R. 4742 — what changed
Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act
From Introduced in House to Reported in House. 6 sections amended and 8 added between Introduced in House and Reported in House.
104. Modifications to the annual catch limit requirement
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) Consideration of ecosystem and economic impacts—In establishing annual catch limits a Council may, consistent with section 302(h)(6), consider changes in an ecosystem and the economic needs of the fishing communities.
“(2) 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.
“(3) Relationship to international fishery efforts—Each annual catch limit may, consistent with section 302(h)(6), take into account—
changed
“(A) management measures under international agreements in which the United States participates; andparticipates;
changed
“(B) informal transboundary agreements under which fishery management activities by another country 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.transboundary; and
added “(C) in instances in which no transboundary agreement exists, activities by another country outside the exclusive economic zone that may hinder conservation efforts by United States fisherman for a fish species for which any of the recruitment, distribution, life history, or fishing activities are transboundary.
“(4) 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.
“(5) 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.”
105. Distinguishing between overfished and depleted
Definitions— Section 3 (16 U.S.C. 1802) is amended—
changed
in paragraph (34), by striking “and “The terms “overfishing” and “overfished” mean” and inserting “means”; “The term “overfishing” means”; and
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.”
Substitution of term— The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by striking “overfished” each place it appears and inserting “depleted”.
Clarity in annual report— Section 304(e)(1) (16 U.S.C. 1854(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.”.
109. Data collection and data confidentiality
Electronic monitoring—
Issuance of regulations—
Requirement— The Secretary shall issue regulations governing the use of electronic monitoring for the purposes of monitoring fisheries that are subject to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Content— The regulations shall—
distinguish between monitoring for data collection and research purposes and monitoring for compliance and enforcement purposes; and
include minimum criteria, objectives, or performance standards for electronic monitoring.
Process— In issuing the regulations the Secretary shall—
consult with the Councils and fishery management commissions;
publish the proposed regulations; and
provide an opportunity for the submission by the public of comments on the proposed regulations.
Implementation of monitoring—
In general— Subject to subparagraph (B), and after the issuance of the final regulations, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(3)), may, in accordance with the regulations, on a fishery-by-fishery basis and consistent with the existing objectives and management goals of a fishery management plan and the Act for a fishery issued by the Council or the Secretary, respectively, amend such plan—
to incorporate electronic monitoring as an alternative tool for data collection and monitoring purposes or for compliance and enforcement purposes (or both); and
to allow for the replacement of a percentage of on-board observers with electronic monitoring.
Comparability— Subparagraph (A) shall apply to a fishery only if the Council or Secretary, respectively, determines that such monitoring will yield comparable data collection and compliance results.
Pilot projects— Before the issuance of final regulations, a Council, or the Secretary for fisheries referred to in section 302(a)(3), may, subject to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, on a fishery-by-fishery basis, and consistent with the existing objectives and management goals of a fishery management plan for a fishery issued by the Council or the Secretary, respectively, conduct a pilot project for the use of electronic monitoring for the fishery.
Deadline— The Secretary shall issue final regulations under this subsection by not later than 12 months after the date of enactment of this Act.
Video and acoustic survey technologies— The Secretary shall work with the Regional Fishery Management Councils and nongovernmental entities to develop and implement the use pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) of video survey technologies and expanded use of acoustic survey technologies.
Confidentiality of information—
In general— Section 402(b) (16 U.S.C. 1881a(b)) is amended—
in paragraph (1)—
by amending subparagraph (B) to read as follows:
“(B) to State or Marine Fisheries Commission employees as necessary for achievement of the purposes of this Act, subject to a confidentiality agreement between the State or Commission, respectively, and the Secretary that prohibits public disclosure of the identity of any person and of confidential information;”
in subparagraph (E), by striking “limited access” and inserting “catch share”; and
in subparagraph (G), by striking “limited access” and inserting “catch share”;
in paragraph (2)—
changed
in the matter preceding subparagraph (A), by inserting “, and information obtained through a vessel monitoring system or other technology used onboard a fishing vessel for enforcement or data collection purposes,” after “information;”;“information”;
by striking “or” after the semicolon at the end of subparagraph (B); and
by striking subparagraph (C) and inserting the following:
“(C) as authorized by any regulations issued under paragraph (6) allowing the collection of observer information, pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting disclosure of the information by the observers or observer employers, in order—
“(i) to allow the sharing of observer information among observers and between observers and observer employers as necessary to train and prepare observers for deployments on specific vessels; or
“(ii) to validate the accuracy of the observer information collected; or
“(D) to other persons if the Secretary has obtained written authorization from the person who submitted such information or from the person on whose vessel the information was collected, to release such information for reasons not otherwise provided for in this subsection.”
changed
by redesignating and moving paragraph (3) to be as paragraph (6); and
changed
by striking paragraphs (4) and (5) and inserting after paragraph (2) the following:
“(3) Any information submitted to the Secretary, a State fisheries management agency, or a Marine Fisheries Commission by any person in compliance with the requirements of this Act, including confidential information, may only be used for purposes of fisheries management and monitoring and enforcement under this Act.
“(4) The Secretary may enter into a memorandum of understanding with the heads of other Federal agencies for the sharing of confidential information to ensure safety of life at sea or for fisheries enforcement purposes, including information obtained through a vessel monitoring system or other electronic enforcement and monitoring systems, if—
“(A) the Secretary determines there is a compelling need to do so; and
“(B) the heads of the other Federal agencies agree—
“(i) to maintain the confidentiality of the information in accordance with the requirements that apply to the Secretary under this section; and
“(ii) to use the information only for the purposes for which it was shared with the agencies.
changed
“(5) The Secretary may not provide any vessel-specific or aggregate vessel information from a fishery that is collected for monitoring and enforcement purposes to any person for the purposes of coastal and marine spatial planning under Executive Order 13547, unless the Secretary has obtained written authorization to release determines that providing such information from the person on whose vessel the information was collected.”is important for maintaining or enhancing national security or for ensuring fishermen continued access to fishing grounds.”
confidential information defined— Section 3 (16 U.S.C. 1802) is further amended by inserting after paragraph (4) the following:
“(4a) The term “confidential information” means—
“(A) trade secrets;
“(B) proprietary information;
“(C) observer information; and
“(D) commercial or financial information the disclosure of which is likely to result in harm to the competitive position of the person that submitted the information to the Secretary.”
Increased data collection and actions To address data-Poor fisheries— Section 404 (16 U.S.C. 1881c) is amended by adding at the end the following:
“(e) Use of the asset forfeiture fund for fishery independent data collection
“(1) In general
“(A) The Secretary, subject to appropriations, may obligate for data collection purposes in accordance with prioritizations under paragraph (3) a portion of amounts received by the United States as fisheries enforcement penalties.
“(B) Amounts may be obligated under this paragraph only in the fishery management region with respect to which they are collected.
“(2) Included purposes—The purposes referred to in paragraph (1) include—
“(A) the use of State personnel and resources, including fishery survey vessels owned and maintained by States to survey or assess data-poor fisheries for which fishery management plans are in effect under this Act; and
“(B) cooperative research activities authorized under section 318 to improve or enhance the fishery independent data used in fishery stock assessments.
“(3) Data-poor fisheries priority lists—Each Council shall—
“(A) identify those fisheries in its region considered to be data-poor fisheries;
“(B) prioritize those fisheries based on the need of each fishery for up-to-date information; and
“(C) provide those priorities to the Secretary.
“(4) Definitions—In this subsection:
“(A) The term “data-poor fishery” means a fishery—
“(i) that has not been surveyed in the preceding 5-year period;
“(ii) for which a fishery stock assessment has not been performed within the preceding 5-year period; or
“(iii) for which limited information on the status of the fishery is available for management purposes.
“(B) The term “fisheries enforcement penalties” means any fine or penalty imposed, or proceeds of any property seized, for a violation of this Act or of any other marine resource law enforced by the Secretary.
“(5) Authorization of Appropriations—There is authorized to be appropriated to the Secretary for each fiscal year to carry out this subsection up to 80 percent of the fisheries enforcement penalties collected during the preceding fiscal year.”
112. Gulf of Mexico fisheries cooperative research and red snapper management
Repeal— Section 407 (16 U.S.C. 1883), and the item relating to such section in the table of contents in the first section, are repealed.
Reporting and data collection program— The Secretary of Commerce shall—
in conjunction with the States, the Gulf of Mexico Fishery Management Council, and the recreational fishing sectors, develop and implement a real-time reporting and data collection program for the Gulf of Mexico red snapper fishery using available technology; and
make implementation of this subsection a priority for funds received by the Secretary and allocated to this region under section 2 of the Act of August 11, 1939 (commonly known as the “Saltonstall-Kennedy Act”) (15 U.S.C. 713c–3).
Fisheries Cooperative research program— The Secretary of Commerce—
shall, in conjunction with the States, the Gulf States Marine Fisheries Commission and the Atlantic States Marine Fisheries Commission, the Gulf of Mexico and South Atlantic Fishery Management Councils, and the commercial, charter, and recreational fishing sectors, develop and implement a cooperative research program authorized under section 318 for the fisheries of the Gulf of Mexico and South Atlantic regions, giving priority to those fisheries that are considered data-poor; and
may, subject to the availability of appropriations, use funds received by the Secretary under section 2 of the Act of August 11, 1939 (commonly known as the “Saltonstall-Kennedy Act”) (15 U.S.C. 713c–3) to implement this subsection.
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.)—
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;
direct the Southeast Science Center Director to implement such schedule; and
in such development and implementation—
give priority to those stocks that are commercially or recreationally important; and
ensure that each such important stock is surveyed at least every 5 years.
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 assessments conducted after the date of the enactment of this Act.
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:
changed
“(3) “(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.”
added
Funding of stock assessments— The Secretary of Commerce and the Secretary of the Interior, acting through the Bureau of Ocean Energy Management, shall enter into a cooperative agreement for the funding of stock assessments that are necessitated by any action by the Bureau with respect to offshore oil rigs in the Gulf of Mexico that adversely impacts red snapper.
115. 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 Council.
changed
“(B) Maximum percentage—The percentage established by the North Pacific Council shall not exceed 24 percent of the pollock available to be harvested in the directed Pollock pollock fishery.”
116. Recreational fishing data
added
Recreational data collection— 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:
added “(4) Federal-State partnerships
added “(A) Establishment—The Secretary shall establish partnerships with States to develop best practices for implementation of State programs established pursuant to paragraph (2).
added “(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 States.
added “(C) Biennial Report—The Secretary shall submit to the Congress and publish biennial reports that include—
added “(i) the estimated accuracy of the registry program established under paragraph (1) and of State programs that are exempted under paragraph (2);
added “(ii) priorities for improving recreational fishing data collection; and
added “(iii) an explanation of any use of information collected by such State programs and by the Secretary, including a description of any consideration given to the information by the Secretary.
added “(D) States Grant Program—The Secretary shall make grants to States to improve implementation of State programs consistent with this subsection. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs.”
removed
Section 4 (16 U.S.C. 1803) is amended—
changed
Study on recreational fisheries data— Section 401(g) (16 U.S.C. 1881(g)) is further amended by striking “this Act” and all that follows through “(7)” and inserting “this Act”; andadding at the end the following:
added “(6) Study on program implementation
added “(A) In general—Not later than 60 days after the enactment of this paragraph, the Secretary shall enter into an agreement with the National Research Council of the National Academy of Sciences to study the implementation of the programs described in this section. The study shall—
added “(i) provide an updated assessment of recreational survey methods established or improved since the publication of the Council’s report “Review of Recreational Fisheries Survey Methods (2006)”;
added “(ii) evaluate the extent to which the recommendations made in that report were implemented pursuant to paragraph (3)(B); and
added “(iii) examine any limitations of the Marine Recreational Fishery Statistics Survey and the Marine Recreational Information Program established under paragraph (1).
added “(B) Report—Not later than 1 year after entering into an agreement under subparagraph (A), the Secretary shall submit a report to Congress on the results of the study under subparagraph (A).”
removed
by striking “fiscal year 2013” and inserting “each of fiscal years 2014 through 2018”.
117. Stock assessments used for fisheries managed under Gulf of Mexico Council’s Reef Fish Management Plan
added
added
In general— Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end the following:
added “409. Stock assessments used for fisheries managed under Gulf of Mexico Council’s Reef Fish Management Plan
added “(a) In general—The Gulf States Marine Fisheries Commission shall conduct all fishery stock assessments used for management purposes by the Gulf of Mexico Fishery Management Council for the fisheries managed under the Council’s Reef Fish Management Plan.
added “(b) Use of other information and assets
added “(1) In general—Such fishery assessments shall—
added “(A) incorporate fisheries survey information collected by university researchers; and
added “(B) to the extent practicable, use State, university, and private assets to conduct fisheries surveys.
added “(2) Surveys at artificial reefs—Any such fishery stock assessment conducted after the date of the enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act shall incorporate fishery surveys conducted, and other relevant fisheries information collected, on and around natural and artificial reefs.
added “(c) Constituent and stakeholder participation—Each such fishery assessment shall—
added “(1) emphasize constituent and stakeholder participation in the development of the assessment;
added “(2) contain all of the raw data used in the assessment and a description of the methods used to collect that data; and
added “(3) employ an assessment process that is transparent and includes—
added “(A) includes a rigorous and independent scientific review of the completed fishery stock assessment; and
added “(B) a panel of independent experts to review the data and assessment and make recommendations on the most appropriate values of critical population and management quantities.”
added
Clerical amendment— The table of contents in the first section is amended by inserting after the item relating to section 408 the following:
118. Estimation of cost of recovery from fishery resource disaster
addedadded Section 312(a)(1) (16 U.S.C. 1861a(1)) is amended—
added
by inserting “(A)” after “(1)”;
added
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
added
by adding at the end the following:
added “(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.”
119. Deadline for action on request by Governor for determination regarding fishery resource disaster
addedadded 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:
added “(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.”
120. Prohibition on considering red snapper killed during removal of oil rigs
addedadded 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.
121. Prohibition on considering fish seized from foreign fishing
addedadded 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.
122. Subsistence fishing
added
added
Definition— Section 3 (16 U.S.C. 1802) is amended by inserting after paragraph 43 the following:
added “(43a)
added “(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 trade.
added “(B) In this paragraph—
added “(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
added “(ii) the term “barter” means the exchange of a fish or fish part—
added “(I) for another fish or fish part; or
added “(II) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.”
added
Council seat— Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended—
added
in subparagraph (A), by striking “or recreational” and inserting “, recreational, or subsistence fishing”; and
added
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”.
added
Purpose— Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by striking “and recreational” and inserting “, recreational, and subsistence”.
123. Inter-sector trading of commercial catch share allocations in the Gulf of Mexico
addedadded Section 301 (16 U.S.C. 1851) is amended by adding at the end the following:
added “(c) Inter-sector trading of commercial catch share allocations in the Gulf of Mexico—Notwithstanding any other provision of this Act, any commercial fishing catch share allocation in a fishery in the Gulf of Mexico may only be traded by sale or lease within the same commercial fishing sector.”
124. Authorization of appropriations
addedadded Section 4 (16 U.S.C. 1803) is amended—
added
by striking “this Act” and all that follows through “(7)” and inserting “this Act”; and
added
by striking “fiscal year 2013” and inserting “each of fiscal years 2014 through 2018”.