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Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014

S. 2991 · 113th Congress · Dec 9, 2014 · Lineage

A BILL

To amend the Magnuson-Stevens Fishery Conservation and Management Act to promote sustainable conservation and management for the Nation’s fisheries and the communities that rely on them, and for other purposes.

Section 1 Short title; table of contents

(a)
Short title— This Act may be cited as the “Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014”.
(b)
Table of contents— The table of contents of this Act is as follows:

Sec. 2 References to the Magnuson-Stevens Fishery Conservation and Management Act

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

Sec. 3 Changes in findings, purposes, and policy

(a)
Findings— Section 2(a) (16 U.S.C. 1801(a)) is amended—
(1)
in paragraph (3) by striking “at an ever-increasing rate over the past decade”;
(2)
in paragraph (6), by inserting “and marine ecosystems” after “essential fish habitats”;
(3)
in paragraph (11), by striking “have demonstrated” and inserting “are demonstrating”;
(4)
by redesignating paragraphs (7) through (12) as paragraphs (10) through (15), respectively;
(5)
by inserting before paragraph (10), as redesignated, the following:

“(8) By establishing mechanisms, under authority of this Act, for specifying science-based annual catch limits in fishery management plans at levels such that overfishing does not occur in fisheries, including measures to ensure accountability, the Nation’s fishery resources are now being managed sustainably to prevent overfishing and respond quickly if overfishing occurs.

“(9) It is of critical importance to the health of the Nation’s fishery resources and the coastal communities that depend on them that the United States maintain its progress in preventing overfishing and rebuilding overfished stocks.”

(6)
by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and
(7)
by inserting after paragraph (3) the following:

“(4) Subsistence fishing is an integral part of life in many communities throughout the United States, and the Nation’s marine and anadromous fish are important sources of nutrition, sustenance, and the cultural heritage of those communities.”

(b)
Purposes— Section 2(b) (16 U.S.C. 1801(b)) is amended—
(1)
in paragraph (3), by striking “and recreational” and inserting “, recreational, and subsistence”;
(2)
in paragraph (5), by striking “the State” and inserting “the States, tribal governments,”; and
(3)
in paragraph (7), by striking “the review of projects” and inserting “projects and activities”.
(c)
Policy— Section 2(c)(3) (16 U.S.C. 1801(c)(3)) is amended—
(1)
by inserting “, tribes,” after “affected States”; and
(2)
by inserting “tribal,” after “State,”.

Sec. 4 Definitions

(a)
In general— Section 3 (16 U.S.C. 1802) is amended—
(1)
by inserting after paragraph (8) the following:

“(8A) The terms depleted and depletion mean, with respect to a stock of fish in a fishery, that the stock is of a size that jeopardizes the capacity of the fishery to produce the maximum sustainable yield on a continuing basis.”

(2)
in paragraph (33)(C), by inserting “or otherwise depleted” after “overfished”;
(3)
in paragraph (36), by inserting “, tribal,” after “State,”;
(4)
by inserting after paragraph (43) the following:

“(43A) 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. In this paragraph, the term—

“(A) family means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and

“(B) 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.”

(5)
by inserting after paragraph (44) the following:

“(44A) The terms tribal and tribe mean an Indian tribe as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).”

(6)
by striking “(33) The term waters of a foreign nation means” and inserting “(51) The term waters of a foreign nation mean”.
(b)
Redesignation— Paragraphs (1) through (51) of section 3 (16 U.S.C. 1802), as amended by subsection (a) of this section, are redesignated as paragraphs (1) through (54), respectively.
(c)
Technical and conforming amendments—
(1)
Title 10— Section 7306b(b) of title 10, United States Code, is amended by striking “defined in section 3(14)” and inserting “defined in section 3”.
(2)
Whale Conservation and Protection Study Act— Section 3 of the Whale Conservation and Protection Study Act (16 U.S.C. 917a) is amended by striking “including the fishery conservation zone as defined in section 3(8)” and inserting “including the exclusive economic zone as defined in section 3”.
(3)
Marine Mammal Protection Act of 1972— Section 114(o) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1383a(o)) is amended—
(A)
in paragraph (1), by striking “section 3(8)” and inserting “section 3”; and
(B)
in paragraph (4), by striking “section 3(27)” and inserting “section 3”.
(4)
Lacey Act Amendments of 1981— Section 8(b)(2) of the Lacey Act Amendments of 1981 (16 U.S.C. 3377(b)(2)) is amended—
(A)
by striking “as defined in paragraph (14) of section 3” and inserting “as defined in section 3”; and
(B)
by striking “as defined in paragraph (13) of such section 3” and inserting “as defined in such section 3”.
(5)
Atlantic Salmon Convention Act of 1982— Section 302 of the Atlantic Salmon Convention Act of 1982 (16 U.S.C. 3601) is amended—
(A)
in paragraph (6), by striking “in section 3(10)” and inserting “in section 3”; and
(B)
in paragraph (8), by striking “in section 3(19)” and inserting “in section 3”.
(6)
Atlantic Striped Bass Conservation Act— Section 3(6) of the Atlantic Striped Bass Conservation Act (16 U.S.C. 5152(6)) is amended by striking “in section 3(6)” and inserting “in section 3”.
(7)
Compact of Free Association Act of 1985— Section 104(f)(4)(B) of the Compact of Free Association Act of 1985 (48 U.S.C. 1904(f)(4)(B)) is amended by striking “have the same meanings as provided in paragraphs (10) and (14), respectively, of section 3” and inserting “have the same meanings as provided in section 3”.

Sec. 5 Authorization of appropriations

(a)
In general— Section 4 (16 U.S.C. 1803) is amended to read as follows:

“4. Authorization of appropriations

“There are authorized to be appropriated to the Secretary to carry out the provisions of this Act—

“(1) $532,909,000 for fiscal year 2015;

“(2) $541,167,000 for fiscal year 2016;

“(3) $549,590,000 for fiscal year 2017;

“(4) $558,182,000 for fiscal year 2018;

“(5) $566,946,000 for fiscal year 2019;

“(6) $575,885,000 for fiscal year 2020; and

“(7) $584,810,202 for fiscal year 2021.”

(b)
Conforming amendment— The table of contents is amended by inserting after the item relating to section 3 the following: