H.R. 1335 — what changed
Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act
From Reported in House to Engrossed in House. 5 sections amended and 3 added between Reported in House and Engrossed in House.
Sec. 10 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)—
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”;
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.”
by redesignating paragraph (3) as paragraph (6); and
by 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 No. 13547, unless the Secretary determines that providing such information 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—
changed
“(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; andAct;
changed
“(B) cooperative research activities authorized under section 318 to improve or enhance the fishery independent data used in fishery stock assessments.assessments; and
added “(C) fishery research and independent stock assessments, conservation gear engineering, at-sea and shoreside monitoring, fishery impact statements, and other priorities established by the Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities.
“(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.”
Sec. 15 Ensuring consistent management for fisheries throughout their range
changed
In general— The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by inserting after section 4 the following:
“5. Ensuring consistent fisheries management under certain other Federal laws
“(a) National Marine Sanctuaries Act and Antiquities Act of 1906—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 (16 U.S.C. 431 et seq.), this Act shall control.
“(b) Fisheries restrictions under Endangered Species Act of 1973—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.”
Clerical amendment— The table of contents in the first section is amended by inserting after the item relating to section 3 the following:
Sec. 26 Preference for students studying water resource issues
Section 402(e) (16 U.S.C. 1881a(e)) is amended by adding at the end the following:
changed
“(4) The Secretary shall require that in shall, to the extent practicable, when hiring of individuals to collect information regarding marine recreational fishing under this subsection, give preference shall be given to individuals who are students studying fisheries conservation and management, water resource issues issues, or other relevant subjects at an institution of higher education.”education in the United States.”
Sec. 27 Process for allocation review for South Atlantic and Gulf of Mexico mixed-use fisheries
Study of allocations in mixed-use fisheries— Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into an arrangement with the National Academy of Sciences to conduct a study of the South Atlantic and Gulf of Mexico mixed-use fisheries—
changed
to provide guidance to Regional the South Atlantic Fishery Management Councils established under section 302 Council and Gulf of the Magnuson-Stevens Mexico Fishery Conservation and Management Act (16 U.S.C. 1852) 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 under that Act;
to identify sources of information that could reasonably support the use of such criteria in allocation decisions; and
to develop procedures for allocation reviews and potential adjustments in allocations based on the guidelines and requirements established by this section.
Process for allocation review and establishment— The South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council shall—
changed
within 2 years after the date of the enactment of this Act, review the allocations of all mixed-use fisheries in the Councils’ respective jurisdictions; andjurisdictions;
every 3 years thereafter, perform subsequent reviews of such allocations; and
consider the conservation and socioeconomic benefits of each sector in any allocation decisions for such fisheries.
Sec. 28 Requirements for limited access privileges
changed
Section 4 3303A(c)(1)(G) (16 U.S.C. 1803) 1853a(c)(1)(G)) is amended—amended to read as follows:
added “(G) include provisions for a formal and detailed review 5 years after the implementation of the program, and thereafter the regular monitoring and review by the Council and the Secretary of the operations and impacts of the program, to coincide with scheduled Council review of the relevant fishery management plan (but no less frequently than once every 7 years) including—
added “(i) determining progress in meeting the goals of the program and this Act;
added “(ii) delineating the positive and negative economic effects of the program on fishermen and processors who are part of the program and the coastal communities in which they reside; and
added “(iii) any necessary modification of the program to meet those goals, including a formal schedule for action to be taken within 2 years;”
removed
by striking “this Act” and all that follows through “(7)” and inserting “this Act”; and
removed
by striking “fiscal year 2013” and inserting “each of fiscal years 2015 through 2019”.
Sec. 29 Healthy fisheries through better science
added
added
Definition of stock assessment— Section 3 (16 U.S.C. 1802), as amended by section 23(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:
added “(43) The term “stock assessment” means an evaluation of the past, present, and future status of a stock of fish, that includes—
added “(A) a range of life history characteristics for such stock, including—
added “(i) the geographical boundaries of such stock; and
added “(ii) information on age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences of such stock; and
added “(B) fishing for the stock.”
added
Stock assessment plan—
added
In general— Section 404 (16 U.S.C. 1881c), as amended by section 10(d) of this Act, is further amended by adding at the end the following:
added “(f) Stock assessment plan
added “(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.
added “(2) Contents—The plan shall—
added “(A) for each stock of fish for which a stock assessment has previously been conducted—
added “(i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and
added “(ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment—
added “(I) every 5 years; or
added “(II) within such other time period specified and justified by the Secretary in the plan;
added “(B) for each stock of fish for which a stock assessment has not previously been conducted—
added “(i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and
added “(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
added “(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.
added “(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.”
added
Deadline— Notwithstanding paragraph (1) of section 404(f) 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.
added
Improving science—
added
Incorporation of information from wide variety of sources— Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801) is amended by adding at the end the following: “Fisheries management is most effective when it incorporates information provided by governmental and nongovernmental sources, including State and Federal agency staff, fishermen, fishing communities, universities, and research institutions. As appropriate, such information should be considered the best scientific information available and form the basis of conservation and management measures as required by this Act.”.
added
Improving data collection and analysis— Section 404 (16 U.S.C. 1881c), as amended by this section, is further amended by adding at the end the following:
added “(g) Improving data collection and analysis
added “(1) In general—The Secretary, in consultation with the Councils acting in reliance on their science and statistical committees established under section 302(g), shall develop and publish in the Federal Register guidelines that will facilitate greater incorporation of data, analysis, and stock assessments from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions.
added “(2) Content—The guidelines shall—
added “(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used 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 such data and analysis in stock assessments and for other purposes; and
added “(B) provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(f)(2)(C).
added “(3) Acceptance and use of data and analyses—The Secretary and Regional Fishery Management Councils shall—
added “(A) use all data and analyses that meet the guidelines published under paragraph (1) as the best scientific information available for purposes of this Act in fisheries management decisions, unless otherwise determined by the science and statistical committee of the Councils established pursuant to section 302(g) of the Act; and
added “(B) explain in the Federal Register notice announcing the fishery management decision how such data and analyses have been used to establish conservation and management measures.”
added
Deadline— The Secretary of Commerce shall develop and publish guidelines under the amendment made by paragraph (2) by not later than 1 year after the date of enactment of this Act.
added
Cost reduction report— Within 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Regional Fishery Management Councils, shall submit a report to Congress that, with respect to each fishery governed by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)—
added
identifies the goals of the applicable programs governing monitoring and enforcement of fishing that is subject to such plan;
added
identifies methods to accomplish those goals, including human observers, electronic monitoring, and vessel monitoring systems;
added
certifies which such methods are most cost-effective for fishing that is subject to such plan; and
added
explains why such most-cost-effective methods are not required, if applicable.
Sec. 30 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 2015 through 2019”.
Sec. 31 Authority to use alternative fishery management measures
addedadded Section 302(h) (16 U.S.C. 1852(h)) is amended—
added
by redesignating paragraph (8) as paragraph (9); and
added
by inserting after paragraph (7), the following:
added “(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.”