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Title II — Fishery information, research, and development

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

II Fishery information, research, and development

Sec. 201 Integrated data collection program and electronic technologies

(a)
Sense of Congress— It is the sense of Congress that the use of electronic technologies such as digital video cameras and monitors, digital recording systems, and other forms of electronic technology as a complement to, and in some cases a replacement for, observers can maintain, increase, or improve the amount and accuracy of observer and fishery dependent information collected from fisheries while reducing the need for observers and the financial costs and logistical difficulties associated with such observers and paper reporting requirements.
(b)
Integrated data collection program assessments—
(1)
In general— Not later than 2 years after the date of enactment of this Act, the Regional Fishery Management Councils, in consultation with the Secretary of Commerce, shall assess the fishery dependent data needs of the fisheries in the regions and, if necessary to meet those needs, develop recommendations for an integrated data collection program, including appropriate electronic technologies, to gather and analyze data required for fisheries management.
(2)
Elements of assessments— Each assessment required by this subsection shall—
(A)
identify the fisheries with respect to which the incorporation of electronic technology, as a complement to or replacement for observers, and electronic reporting can decrease costs, improve efficiencies and data accuracy, or ease the logistic constraints posed by observers in the fisheries while continuing to meet the standards and requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
(B)
specify for each fishery identified which type or types of electronic technology can achieve such cost and efficiency improvements; and
(C)
outline the system, or systems, of fees required in subsection (c)(3) to support the integrated data collection program.
(c)
Regional integrated data collection program adoption plans—
(1)
In general— Not later than 1 year after receiving the results of the assessments required under subsection (b), the Secretary of Commerce, in consultation with the relevant Regional Fishery Management Council, shall review the relevant assessment for compliance with provisions of this section and shall develop a plan to adopt and implement, with any changes needed based on the compliance review, an integrated data collection program, including the use of electronic technologies, in each of the fisheries identified in the assessment.
(2)
Elements of plans— Each plan developed under this subsection—
(A)
shall have fishery dependent data collection as its principal purpose;
(B)
shall include electronic technologies consistent with the assessment required by subsection (b) and the review required by paragraph (1);
(C)
shall include an estimate of anticipated improvements in cost effectiveness, accuracy of information, and management efficiency for each fishery in the plan;
(D)
shall include an explanation of why the most cost-effective approach is not being used, if applicable;
(E)
shall prioritize fishery management plans in each region, to guide development, adoption, and implementation of integrated data collection amendments to such plans;
(F)
shall set forth an implementation schedule, consistent with the implementation deadline specified in subsection (d), for the development, review, adoption, and implementation of integrated data collection program amendments to fishery management plans; and
(G)
may be reviewed or amended annually to address changing circumstances or improvements in technology.
(3)
Integrated data collection program fees— The Secretary of Commerce shall establish a system, or systems, of fees, which may vary by fishery, management area, or observer coverage level, to pay for the cost of implementing each relevant integrated data collection program implemented under this subsection.
(4)
Council action— Not later than 4 years after the date of enactment of this Act, each Regional Fishery Management Council shall amend its fishery management plans as necessary to comply with this subsection.
(d)
Deadline for implementation— Not later than 5 years after the date of enactment of this Act, the Regional Fishery Management Councils and the Secretary of Commerce shall complete implementation of the plans developed under subsection (c), subject to available appropriations.
(e)
Reviews— The relevant Regional Fishery Management Council shall determine a time period for regular review of the integrated data collection program.

Sec. 202 Capital construction

(a)
Definitions; eligible and qualified fishery facilities— Section 53501 of title 46, United States Code, is amended—
(1)
by striking “(7) United states foreign trade.—” and inserting “(11) United States foreign trade.—”;
(2)
by striking “(8) Vessel.—” and inserting “(12) Vessel.—”;
(3)
by redesignating paragraphs (5), (6), and (7) as paragraphs (8), (9), and (10), respectively;
(4)
by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively;
(5)
by redesignating paragraph (1) as paragraph (2);
(6)
by inserting before paragraph (2), as redesignated, the following:

“(1) Agreement fishery facility—The term agreement fishery facility means an eligible fishery facility or a qualified fishery facility that is subject to an agreement under this chapter.”

(7)
by inserting after paragraph (2), as redesignated, the following:

“(3) Eligible fishery facility

“(A) In general—Subject to subparagraph (B), the term “eligible fishery facility” means—

“(i) for operations on land—

“(I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery;

“(II) the land necessary for the structure or appurtenance described in subclause (I); and

“(III) equipment that is for use with the structure or appurtenance that is necessary to perform a function described in subclause (I);

“(ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or

“(iii) for aquaculture, including operations on land or elsewhere—

“(I) a structure or an appurtenance thereto designed for aquaculture;

“(II) the land necessary for the structure or appurtenance;

“(III) equipment that is for use with the structure or appurtenance and that is necessary to perform a function described in subclause (I); and

“(IV) a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, aquaculture.

“(B) Ownership requirement—Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by—

“(i) an individual who is a citizen of the United States; or

“(ii) an entity that is—

“(I) a citizen of the United States under section 50501 of this title; and

“(II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title.”

(8)
by inserting after paragraph (6), as redesignated, the following:

“(7) Qualified fishery facility

“(A) In general—Subject to subparagraph (B), the term qualified fishery facility means—

“(i) for operations on land—

“(I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery;

“(II) the land necessary for the structure or appurtenance; and

“(III) equipment that is for use with the structure or appurtenance and necessary to perform a function described in subclause (I);

“(ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or

“(iii) for aquaculture, including operations on land or elsewhere—

“(I) a structure or an appurtenance thereto designed for aquaculture;

“(II) the land necessary for the structure or appurtenance;

“(III) equipment that is for use with the structure or appurtenance and necessary for performing a function described in subclause (I); and

“(IV) a vessel built in the United States.

“(B) Ownership requirement—Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by—

“(i) an individual who is a citizen of the United States; or

“(ii) an entity that is—

“(I) a citizen of the United States under section 50501 of this title; and

“(II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title.”

(b)
Eligible fishery facilities—
(1)
Definition of Secretary— Section 53501(9)(A) of title 46, United States Code, as redesignated by subsection (a) of this section, is amended to read as follows:

“(A) the Secretary of Commerce with respect to—

“(i) an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; or

“(ii) an eligible fishery facility or a qualified fishery facility; and”

(2)
Establishing a capital construction fund— Section 53503 of title 46, United States Code, is amended—
(A)
in subsection (a)—
(i)
by inserting “or eligible fishery facility” after “eligible vessel”; and
(ii)
by inserting “or fishery facility” after “the vessel”; and
(B)
in subsection (b)—
(i)
by striking “The purpose of the agreement shall be” and inserting “The purpose of the agreement shall be—”;
(ii)
by designating the text that follows after “The purpose of the agreement shall be—” as paragraph (1) and indenting accordingly;
(iii)
in paragraph (1), as designated, by striking “United States.” and inserting “United States; or”; and
(iv)
by adding after paragraph (1), as designated, the following:

“(2) to provide for the acquisition, construction, or reconstruction of a fishery facility owned by—

“(A) an individual who is a citizen of the United States; or

“(B) an entity that is—

“(i) a citizen of the United States under section 50501; and

“(ii) at least 75 percent owned by citizens of the United States, as determined under section 50501.”

(c)
Agreement fishery facilities—
(1)
Deposits and withdrawals— Section 53504(b) of title 46, United States Code, is amended by inserting “or an agreement fishery facility” after “agreement vessel”.
(2)
Ceiling on deposits— Section 53505 of title 46, United States Code, is amended—
(A)
in subsection (a)—
(i)
in paragraphs (1) and (2) of subsection (a), by inserting “or agreement fishery facilities” after “agreement vessels”; and
(ii)
in paragraph (3) by inserting “or agreement fishery facility” after “agreement vessel” each place it appears; and
(B)
in subsection (b)—
(i)
by inserting “or agreement fishery facility” after “an agreement vessel”; and
(ii)
by inserting “or fishery facility” after “the vessel”.
(d)
Qualified fishery facilities—
(1)
Qualified withdrawals— Section 53509(a) of title 46, United States Code, is amended—
(A)
in paragraph (1), by striking “qualified vessel; or” and inserting “qualified vessel, or the acquisition, construction, or reconstruction of a qualified fishery facility; or”; and
(B)
in paragraph (2), by striking “qualified vessel. ” and inserting “qualified vessel, or the acquisition, construction, or reconstruction, of a qualified fishery facility.”.
(2)
Tax treatment of qualified withdrawals and basis of property— Section 53510 of title 46, United States Code, is amended—
(A)
in subsections (b) and (c), by striking “or container” each place it appears and inserting “container, or fishery facility”; and
(B)
in subsection (d), by striking “and containers” and inserting “containers, and fishery facilities”.
(3)
Tax treatment of nonqualified withdrawals— Section 53511(e)(4) of title 46, United States Code, is amended by inserting “or fishery facility” after “vessel”.
(e)
Technical amendment— Section 53501 of title 46, United States Code, as amended by subsection (a) of this section, is further amended in paragraph (8)(A)(iii), by striking “trade trade” and inserting “trade”.

Sec. 203 Fisheries research

(a)
Stock assessment plan— Section 404 (16 U.S.C. 1881c) is amended by adding at the end the following:

“(e) Stock assessment plan

“(1) In general—The Secretary, in consultation with the Councils, shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under subsection (b), 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) at least once every 5 years, except a Council may delay action for not more than 3 additional 1-year periods; or

“(II) within such other time period specified and justified by the Secretary in the plan;

“(B) for each economically important 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 not later than 3 years after the date that 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 that data and analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions.

“(3) Waiver of stock assessment requirement—Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph (2), a stock assessment shall not be required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies the determination in the Federal Register notice required by this subsection.”

(b)
Deadline— Notwithstanding subsection (e)(1) of section 404 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881c(e)(1)), as added by this section, the Secretary of Commerce shall issue the first stock assessment plan under that subsection not later than 1 year after the date of enactment of this Act.
(c)
Strategic plan— Section 404(b)(5) (16 U.S.C. 1881c(b)(5)) is amended by striking “and affected States, and provide for coordination with the Councils, affected States, and other research entities” and inserting “, affected States, and tribal governments, and provide for coordination with the Councils, affected States, tribal governments, and other research entities”.

Sec. 204 Improving science

(a)
Improving data collection and analysis—
(1)
In general— Section 404 (16 U.S.C. 1881c), as amended by section 203 of this Act, is further amended by adding at the end the following:

“(f) Improving data collection and analysis

“(1) In general—The Secretary, in consultation with the scientific and statistical committees of the Councils established under section 302(g), shall develop 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 nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions.

“(2) Content—The report under paragraph (1) shall—

“(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used for purposes of this Act and 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;

“(B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C);

“(C) consider the extent to which it is possible to establish a registry of persons providing such information; and

“(D) consider the extent to which the acceptance and use of data and analysis identified in the report in fishery management decisions is practicable.”

(b)
Deadline— The Secretary of Commerce shall submit the report required under the amendment made by subsection (a) not later than 1 year after the date of enactment of this Act.
(c)
Information collection; contracting authority— Section 402 (16 U.S.C. 1881a) is amended—
(1)
in subsection (b)(1)(H), by striking “including” and all that follows through the end and inserting “including the Coast Guard's 11 statutory missions under section 888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).”; and
(2)
in subsection (d), by inserting “tribal government,” before “Council” each place it appears.

Sec. 205 Focusing assets for improved fisheries outcomes

(a)
In general— Section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)), is amended—
(1)
in paragraph (1)—
(A)
by striking “beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957,”;
(B)
by striking “moneys” the first place that term appears and inserting “monies”; and
(C)
by striking “shall be maintained in a separate fund only for” and all that follows through the end and inserting “shall only be used for the purposes described under subsection (c).”; and
(2)
by striking paragraph (2).
(b)
Limitations on bills transferring funds— Section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)), as amended by subsection (a) of this section, is further amended by adding at the end the following:

“(2) Limitations on bills transferring funds

“(A) In general—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that reduces any amount in the fund referred to in paragraph (1) in a manner that is inconsistent with such paragraph.

“(B) Limitation on changes to this paragraph—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise amend this paragraph.

“(C) Waiver—A provision of this paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

“(D) Appeals—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on the point of order raised under this paragraph.

“(E) Rules of the Senate and the House of Representatives—This paragraph is enacted by Congress—

“(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each house, respectively, but applicable only with respect to the procedure to be followed in the House in the case of a bill, resolution, amendment, or conference report under this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

“(ii) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.”

Sec. 206 Seafood marketing

(a)
In general— The Secretary of Commerce shall analyze the likely costs and benefits of establishing and administering a seafood marketing program to facilitate fuller realization of the commercial and economic value of U.S. fishery resources.
(b)
Scope— In performing the analysis required by subsection (a), the Secretary shall consider—
(1)
the impacts of additional investment in seafood marketing for seafood harvesters, processors, growers, and other persons in the United States on—
(A)
domestic and international markets for U.S. seafood and the competitive position of the United States in those markets;
(B)
sustainable development and utilization of fishery resources of the United States resulting from promotion, public education, and changes in markets;
(C)
the ability of seafood harvesters, processors, growers and other persons in the United States to improve—
(i)
the safety, traceability, quality, marketability, and sustainability of U.S. seafood; and
(ii)
the coordination of their marketing activities; and
(D)
education of consumers regarding nutritional and health benefits of seafood; and
(2)
the feasibility of a seafood marketing program that—
(A)
is funded by—
(i)
industry fees;
(ii)
contributions, donations, or gifts by private or nonprofit organizations;
(iii)
sums received as fines, penalties, or forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other marine resource law enforced by the Secretary of Commerce, including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.);
(iv)
interest generated by the investment of amounts described in clauses (i) through (iii); or
(v)
any combination of the amounts described in clauses (i) through (iv); and
(B)
apportions funds annually, on a formula basis, to each State, territory, or possession of the United States that is represented on a Regional Fishery Management Council under section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)), to award grants through a competitive process to U.S. seafood growers, harvesters, processors, and other persons.
(c)
Deadline for submission— Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall provide the analysis under this section, together with any recommendations the Secretary considers appropriate, in writing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.