--- kind: "diff" citation: "H.R. 200" bill: "115-hr-200" heading: "Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act" from: "rh" from_label: "Reported in House" to: "eh" to_label: "Engrossed in House" sections_amended: 14 sections_added: 10 sections_removed: 1 url: "https://uscodex.org/bills/115/hr/200/changes/eh" --- # H.R. 200 — what changed H.R. 200, Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act — 14 sections amended, 10 added, and 1 removed between Reported in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## 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 “mixed-use 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 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. 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”or - “(B) annual catch limits for each year in any continuous period that is not more than three 3 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 shall conduct a referendum for a fishery under this subparagraph, including notifying all permit holders eligible to participate in the Council’s authority, by fishing vessel crewmembers who derive a significant portion of their livelihood from such fishing.referendum and making available to them— - “(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. - “(iii) 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. - “(iv) For the purposes of this subparagraph, the term “permit holder eligible to participate” only includes the holder of a permit The Secretary may not implement any catch share program for a any fishery under which fishing has occurred in 3 of the 5 years preceding a referendum for managed exclusively by the fishery, Secretary unless sickness, injury, or other unavoidable hardship prevented the first petitioned by a majority of those permit holder from engaging holders eligible to participate in such fishing.the fishery.” - “(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 mixed-use 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 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—Publication— The Secretary of Commerce shall develop make available on the Internet Website of the National Oceanic and publish guidelines Atmospheric Administration the report required under the amendment made by paragraph subsection (a) by not later than 1 year after the date of the 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. 210 Northeast regional pilot research trawl survey and study — added - (a) Industry-Based pilot study— Within 1 year after the date of the enactment of this Act, the Secretary of Commerce shall, in coordination with the relevant Councils selected by the Secretary and the Northeast Area Monitoring and Assessment Program (NEAMAP), develop a fishing industry-based Northeast regional pilot research trawl survey and study to enhance and provide improvement to current National Oceanic and Atmospheric Administration vessel trawl surveys. - (b) Components— Under the pilot survey and study— - (1) the Secretary— - (A) may select fishing industry vessels to participate in the study by issuing a request for procurement; - (B) may use the NEAMAP Southern New England/Mid-Atlantic Nearshore Trawl Survey as a model for the pilot survey; and - (C) shall outfit participating vessels with a peer-reviewed net configuration; and - (2) the selected Councils shall, in partnership with the National Marine Fisheries Service Northeast Fisheries Science Center and the Virginia Institute of Marine Science, collect data and evaluate discrepancies between fishing industry vessel data and National Oceanic and Atmospheric Administration vessel data, for 5 years. - (b) Report— Upon completion of the pilot survey and study, the Secretary and the selected Councils shall submit a detailed report on the results of the pilot survey and study to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ## 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 mixed-stock fishery is depleted but cannot be rebuilt within that time- time frame without significant economic harm to the fishery, or cannot be rebuilt without causing another component of the mixed- stock 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;” - (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.” - (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—Objections— Before If the relevant Council, the Interstate Marine Fisheries Commission, or the fish and wildlife agency of an affected State objects to 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 Regional Administrator of Commerce shall—the National Marine Fisheries Service who issued such exempted fishing permit shall respond to such entity in writing detailing why such exempted fishing permit was issued. - (b) 12-Month finding— At the end of the 12-month period beginning on the date the exempted fishing permit is issued under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Council that prepared the fishery management plan, or the Secretary in the case of a fishery management plan prepared and implemented by the Secretary, shall review the exempted fishing permit and determine whether any unintended negative impacts have occurred that would warrant the discontinuation of the permit. - (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. - (c) [was (3)] 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) [was (3)(3)] 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) [was (3)(4)] is consistent with section 303A of such Act (16 U.S.C. 1853a); or - (3) [was (3)(5)] establishes a catch share program as defined in section 206(a) of this Act. - (d) Savings provision— Except for subsection (b), 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 the enactment 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 1 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.” - (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 Federal Gulf of Mexico red snapper management - (a) Federal Gulf of Mexico red snapper management—In general— Section 407 (16 U.S.C. 1883) is amended by striking all after the section heading and inserting the following:to read as follows: - “(a) “407. Certification of State Surveyssurveys - “(1) Inclusion of certified state surveys—In establishing “(a) Submission—A Gulf State that conducts a marine recreational fisheries statistical survey in the acceptable biological catch and total allowable Gulf of Mexico to make catch estimates for red snapper landed in the Gulf of Mexico, such State may submit such survey to the Secretary shall include—for certification. - “(A) “(b) Certification standards—Not later than 90 days after the date of enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, the Secretary shall establish and provide the Gulf States with standards for certifying State marine recreational fisheries statistical surveys that are certified under subsection (b); andshall— - “(B) data related to red snapper in the Gulf of Mexico collected “(1) ensure that State marine recreational fisheries statistical surveys are appropriately pilot tested, independently peer reviewed, and endorsed for implementation by the Gulf States Marine Fisheries Commission, nongovernmental organizations, and other nongovernmental sources, including universities and research institutions.reviewers; - “(b) State surveys“(2) use designs consistent with accepted survey sampling practices; and - “(1) Submission—A Gulf State that conducts a recreational fisheries survey in “(3) minimize the Gulf of Mexico to make catch estimates potential for red snapper landed in such State may submit such bias and known sources of survey to the Secretary for certification.error. - “(2) “(c) Certification - “(A) “(1) In general—The Secretary shall make a certification or a denial of certification for any marine recreational fisheries statistical survey submitted under paragraph (1) subsection (a) not later than the end of the 6-month period beginning on the date that the survey is and information needed to evaluate the survey under the standards established under subsection (b) are submitted. - “(B) Deemed certified—A recreational fisheries survey is deemed to be certified effective upon “(2) Timing—In the expiration case of such period if the Secretary has not made a certification or denial request from a Gulf State, the Secretary shall begin evaluation of certification.the request upon receipt of all information necessary to make a determination consistent with the standards set forth under subsection (b). - “(3) Modification Deemed certified—A marine recreational fisheries statistical survey shall be deemed to be certified effective upon the expiration of surveys denied certificationthe 6-month period described in paragraph (1) if the Secretary has not made a certification or denial of certification. - “(A) In general—If a survey “(d) Modification of a Gulf State is surveys 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.certification - “(B) Proposal—A proposal provided to “(1) In general—If a marine recreational fisheries statistical survey of a Gulf State for a survey is denied certification under subparagraph (A)—subsection (c), 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. - “(i) shall be specific “(2) Proposal—A proposal provided to the survey submitted by such a Gulf State and may not be construed to apply to any other Gulf State;for a survey under paragraph (1)— - “(ii) “(A) shall require revision be specific to the fewest possible provisions of the survey; andsurvey submitted by such Gulf State and may not be construed to apply to any other Gulf State; - “(iii) may not unduly burden “(B) shall require revision to the ability fewest possible provisions of such Gulf State to revise the survey.survey; and - “(C) Modified surveymay not unduly burden the ability of such Gulf State to revise the 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.“(3) Modified survey - “(ii) Schedule—The Secretary shall make “(A) Authority to submit—If a certification or denial of certification for any modified marine recreational fisheries statistical survey not later than the end of a Gulf State was denied certification under subsection (c), the 30-day period beginning on Gulf State may modify the date survey and submit the modified survey is submitted.to the Secretary for certification or denial of certification. - “(iii) Deemed certified—A “(B) Schedule—The Secretary shall make a certification or denial of certification for any modified survey is deemed to be certified effective upon not later than the expiration end of the 30-day period described in clause (ii) if beginning on the Secretary has not made a certification or denial of certification.date the modified survey is submitted. - “(c) Definitions—In this section:“(C) Deemed certified—A modified survey is deemed to be certified effective upon the expiration of the period described in subparagraph (B) if the Secretary has not made a certification or denial of certification.” - “(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—Clerical amendment— The Secretary of Commerce, acting through the National Marine Fisheries Service Regional Administrator table of contents in the Southeast Regional Office, shall for purposes of first section is amended by striking the Magnuson-Stevens Fishery Conservation item relating to section 407 and Management Act (16 U.S.C. 1801 et seq.)—inserting the following: - (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 — removed - (a) In general— The Act 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—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. 406 Reallocation of certain unused harvest allocation - (a) Reallocation— Notwithstanding any other provision of law, each year upon receipt by the Secretary of Commerce (referred to in this section as the “Secretary”) of written notice from the allocation holder named in section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note) that such holder will not harvest all or a part of the allocation authorized pursuant to that Act, the Secretary shall reallocate for that year the unused portion of such allocation to the Bering Sea subarea of the BSAI (as defined in section 679.2 of title 50, Code of Federal Regulations) and shall assign the reallocated unused portion of the allocation only to eligible vessels as described in subsection (b)(1) for harvest in the Bering Sea subarea of the BSAI, consistent with any agreements as described in subsection (c). - (b) Eligibility to receive reallocation— - (1) In general— Only vessels defined in subsection (a), (b), (c), or (e) of section 208 of the American Fisheries Act (16 U.S.C. 1851 note), or any vessels authorized to replace such vessels, may receive a reallocation described in subsection (a). - (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: - (2) Limitation on reallocations— The Secretary shall not reallocate the allocation holder described in subsection (a) shall retain control of the allocation referenced in such subsection, including any year if such portions reallocation exceeds the annual catch limit for pollock in the Bering Sea subarea of the allocation that may be reallocated pursuant to this section; andBSAI. - (3) Calculations— Any amount of the allocations reallocation described in subsection (a) shall not be used in the calculation of harvesting or processing excessive shares as described in section 206(b) 210(e) 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.note). - (4) Conditions— In any year, the assignment, transfer, or reallocation shall not violate the requirements of section 206(b) of the American Fisheries Act (title II of the division C of Public Law 105–277; 16 U.S.C. 1851 note). - (c) Agreements— - (1) In general— Each year, the allocation holder named in section 803(a) of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note) may establish one or more agreements with the owners of some or all of the eligible vessels as defined in subsection (b)(1). - (2) Requirements— Each agreement described in paragraph (1)— - (A) shall specify those eligible vessels that may receive a reallocation and the amount of reallocation that such vessels may receive in accordance with subsection (b)(2); and - (B) may contain other requirements or compensation agreed to by the allocation holder named in section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note) and the owners of such eligible vessels, provided such requirements or compensation are otherwise consistent with the American Fisheries Act (16 U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and any other applicable law. - (d) Existing authority— Except for the measures required by this section, nothing in this section shall be construed to limit the authority of the North Pacific Fishery Management Council or the Secretary under the American Fisheries Act (16 U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or other applicable law. - (e) Enforcement— Taking or processing any part of the allocation made by section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note), and reallocated under this section in a manner that is not consistent with the reallocation authorized by the Secretary 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 subject to the forfeiture of any fish harvested or processed. - (f) Clarifications— - (1) Amendment— Subsection (c) of section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note) is amended by striking “during the years 2004 through 2008”. - (2) Purpose of reallocation— Consistent with subsection (d) of section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note), the reallocation of the unused portion of the allocation provided to the allocation holder named in subsection (a) of such section for harvest in the Bering Sea subarea of the BSAI is for the purposes of economic development in Adak, Alaska pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). - (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 Community Development Quota Program panel voting procedures - Section 307 305(i)(1)(G)(iv) (16 U.S.C. 1857) 1855(i)(1)(G)(iv)) is amended—amended to read as follows: - “(iv) Voting requirement—The panel may act only by the affirmative vote of five of its members.” - (1) by striking “It is unlawful—” and inserting the following: - “(a) In general—It is unlawful—” - (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 Prohibition on shark feeding off coast of Florida - Section 3(10) 307 (16 U.S.C. 1802) 1857) 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”.amended— - (1) by striking “It is unlawful—” and inserting the following: - “(a) In general—It is unlawful—” - (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. 409 Restoration of historically freshwater environment — added - Section 3(10) (16 U.S.C. 1802) is amended— - (1) by inserting a comma after “feeding”; and - (2) by inserting the following: - “(A) does not include an area that— - “(i) was previously covered by land or a fresh water environment; and - “(ii) is 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; and - “(B) does not apply with respect to a project undertaken by a State or local government with the purpose of restoration or protection of an area described in subparagraph (A).” ## Sec. 501 Mitigation for impacts to submerged aquatic vegetation — added - Requirements to conserve or to provide compensatory mitigation for impacts to submerged aquatic vegetation under section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(b)) shall not apply when a non-Federal entity conducts maintenance dredging for an authorized Federal navigation project on an inland waterway, inlet, or harbor located in North Carolina, South Carolina, Georgia, or Florida pursuant to a permit issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 1151, chapter 425). ## Sec. 502 Report on limited access privilege programs and conflicts of interest with respect to Gulf of Mexico and South Atlantic Ocean red snapper — added - (a) Study— No later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on— - (1) the resource rent of limited access privilege programs for red snapper in the Gulf of Mexico and the South Atlantic Ocean; - (2) how to reclaim resource rent for red snapper in the Gulf of Mexico and the South Atlantic Ocean as revenue to the United States Treasury; and - (3) the fiduciary conflicts of interest in the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council relating to red snapper, and effective ways to eliminate such conflicts. - (b) Limitation— In implementing this section the Comptroller General shall not consider— - (1) fisheries programs in any region other than the Gulf of Mexico and the South Atlantic Ocean; and - (2) fisheries management programs for species other than red snapper. ## Sec. 503 plan for electronic monitoring and reporting procedures for the Northeast Multispecies Fishery — added - The Secretary, acting through the National Oceanic and Atmospheric Administration, shall submit a plan to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than 180 days after the date of the enactment of this Act that will establish fully operational electronic monitoring and reporting procedures for the Northeast Multispecies Fishery by not later than September 30, 2021. The plan shall include the proposal of the National Oceanic and Atmospheric Administration to cover vessel equipment and installation costs, with daily, half-day, or quarter-day operational costs to be borne by the fishing vessels. ## Sec. 504 Study of fees charged to lobster fishing industry — added - Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, shall study and report to the Congress on all fees imposed by such Administration on the lobster fishing industry. ## Sec. 505 Limitation on application of prohibition on Atlantic striped bass fishing in Block Island Sound transit zone — added - Any prohibition on fishing for Atlantic striped bass in the Exclusive Economic Zone of the United States imposed under Executive Order No. 13449 or section 697.7(b) of title 50, Code of Federal Regulations, shall not apply in the area described in section 697.7(b)(3) of title 50, Code of Federal Regulations, commonly referred to as the Block Island Sound transit zone. ## Sec. 506 Funding for monitoring implementation of Northeast Multispecies Fishery Management Plan — added - Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking “pursuant to this section” and all that follows through the end of the sentence and inserting “to enforce and monitor (including electronic monitoring) implementation of that Plan.”. ## Sec. 601 Short title — added - This title may be cited as the “Reef Assassin Act”. ## Sec. 602 Encouraging elimination of lionfish — added - (a) In general— Title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by adding at the end the following: - “321. Encouraging elimination of lionfish - “(a) In general—Subject to the approval of an exempted fishing permit submitted by a participating State, the Secretary shall issue regulations under which a participating State may issue to an individual submitting lionfish taken in Federal or State waters a tag authorizing the taking of a fish of a covered species in Federal waters in addition to any other fish of that species the individual is authorized to take in Federal waters. - “(b) Requirements for issuance of tag—The regulations shall require— - “(1) the submission of 100 lionfish for each tag issued; - “(2) that lionfish taken in State waters must be taken by an individual holding a valid license to engage in such fishing issued under the laws of such State; and - “(3) that each lionfish shall be submitted by removing the tail, placing it in a resealable plastic bag, and submitting such bag to a participating State before the tail has significantly deteriorated. - “(c) No limitation on number of tags—The regulations shall not limit the number of tags that may be issued to an individual. - “(d) Use of tags—The regulations shall provide that a tag issued under the regulations— - “(1) shall be valid for the 5-year period beginning on the date it is issued; - “(2) shall authorize only the recreational or commercial taking of a fish that complies with any size limit that otherwise applies to fishing for such fish in the waters in which it is taken; - “(3) shall authorize such taking without regard to any seasonal limitation that otherwise applies to the species of fish taken; - “(4) shall authorize— - “(A) the transfer of tags to any other person; and - “(B) use of transferred tags in the same manner as such tags may be used by the person to whom the tags were issued; - “(5) shall require that any fish taken under such tag outside any seasonal limitation that otherwise applies to such fish must have the tag fastened between the mouth and gill before being placed in any cooler; and - “(6) shall only be utilized for species caught in the same water adjacent a State where the lionfish were originally caught. - “(e) Approval of State To participate - “(1) Conditions—The regulations shall require that as a condition of approving a State to issue tags under this section the Secretary shall require the State to designate a repository for lionfish submitted for such tags. - “(2) Provision of freezer—The Secretary shall provide to each participating State freezers in which to store submitted lionfish, at a cost of not more than $500 for each freezer. - “(f) Additional requirements—The Secretary shall— - “(1) encourage participating States to use existing infrastructure and staff or volunteers to conduct the State’s program under this section; - “(2) include on the webpage of the National Marine Fisheries Service information about the program under this section; and - “(3) encourage State and local governments to work with retailers and distributors to advance the purchasing and consumption of lionfish. - “(g) Other provisions not affected - “(1) In general—This section— - “(A) is intended to protect species of fish that are native to waters of the United States or the exclusive economic zone; and - “(B) shall not be construed to constrain any fishery, fishing quota, or fishing allocation. - “(2) Limitation on consideration of tags—This section and tags issued or authorized to be issued under this section shall not be considered in any determination of fishing levels, quotas, or allocations. - “(h) Definition—In this section— - “(1) the term “covered fish”— - “(A) except as provided in subparagraph (B), means red snapper, gag grouper, triggerfish, amberjack; and - “(B) does not include any species included in a list of endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and - “(2) the term “participating State” means a State that has applied and been approved by the Secretary to issue tags under regulations under this section.” - (b) Clerical amendment— The table of contents in the first section of such Act is amended by adding at the end of the items relating to title III the following: - (c) Deadline for regulations— The Secretary of Commerce shall issue regulations under the amendment made by subsection (a) by not later than 60 days after the approval of an exempted fishing permit submitted by a participating State. - (d) Restriction— Nothing in section 321 shall be construed as to allow for the transfer of fisheries allocation or catch among the various States.