H.R. 200 — what changed

added Section 2(a) (16 U.S.C. 1801) is amended—

added “(8a) The term “depleted” means, with respect to a stock of fish or stock complex, that the stock or stock complex has a biomass that has declined below a level that jeopardizes the capacity of the stock or stock complex to produce maximum sustainable yield on a continuing basis.”

added “(43a)

added “(A) The term “subsistence fishing” means fishing in which the fish harvested are intended for customary and traditional uses, including for direct personal or family consumption as food or clothing; for the making or selling of handicraft articles out of nonedible byproducts taken for personal or family consumption, for barter, or sharing for personal or family consumption; and for customary exchange or trade.

added “(B) In this paragraph—

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

added “(ii) the term “barter” means the exchange of a fish or fish part—

added “(I) for another fish or fish part; or

added “(II) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.”

added Section 4 (16 U.S.C. 1803) is amended—

added For the purposes of implementing this title:

added Section 302(h) (16 U.S.C. 1852(h)) is amended—

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; and”

added “(m) Considerations for modifications to annual catch limit requirements

added “(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.

added “(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.

added “(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—

added “(A) an ecosystem-component species;

added “(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

added “(C) a stock for which—

added “(i) more than half of a single-year class will complete their life cycle in less than 18 months; and

added “(ii) fishing mortality will have little impact on the stock.

added “(4) Relationship to international fishery efforts

added “(A) In general—Each annual catch limit, consistent with subsection (h)(6)—

added “(i) may take into account management measures under international agreements in which the United States participates; and

added “(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.

added “(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—

added “(i) notwithstanding subsection (h)(6), no annual catch limit is required to be developed for the species by a Council; and

added “(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.

added “(5) Authorization for multispecies complexes and multiyear annual catch limits—For purposes of subsection (h)(6), a Council may establish—

added “(A) an annual catch limit for a stock complex; or“including”

added “(B) annual catch limits for each year in any continuous period that is not more than three years in duration.

added “(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—

added “(A) is not subject to overfishing, approaching a depleted condition or depleted; and

added “(B) is not likely to become subject to overfishing or depleted in the absence of conservation and management measures.

added “(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.”

added “(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.”

added “(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.”

added “(D) Catch share referendum pilot program

added “(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.

added “(ii) The Secretary may, at the request of the New England Fishery Management Council, allow participation in such a referendum for a fishery under the Council’s authority, by fishing vessel crewmembers who derive a significant portion of their livelihood from such fishing.

added “(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—

added “(I) a copy of the proposed program;

added “(II) an estimate of the costs of the program, including costs to participants;

added “(III) an estimate of the amount of fish or percentage of quota each permit holder would be allocated; and

added “(IV) information concerning the schedule, procedures, and eligibility requirements for the referendum process.

added “(iv) 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.

added “(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.”

added “(e) Improving data collection and analysis

added “(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.

added “(2) Nongovernmental sources—Nongovernmental sources referred to in paragraph (1) include the following:

added “(A) Fishermen.

added “(B) Fishing communities.

added “(C) Universities.

added “(D) Research and philanthropic institutions.

added “(3) Content—In developing the report under paragraph (1), the Secretary shall—

added “(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;

added “(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;

added “(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

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

added Section 401(g) (16 U.S.C. 1881(g)) is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following:

added “(4) Federal-state partnerships

added “(A) Establishment—The Secretary shall establish partnerships with States to develop best practices for implementation of State programs established pursuant to paragraph (2).

added “(B) Guidance—The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State programs pursuant to paragraph (2), and provide such guidance to the State.”

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 “(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, to the extent that use of such data would be consistent with the requirements in section 301(a)(2) to base conservation and management measures on the best scientific information available.

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 “(G) Each Council shall make available on the Internet Web site of the Council—

added “(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

added “(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.

added “(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).”

added “(d) Fishery impact statement

added “(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.

added “(2) The fishery impact statement shall describe—

added “(A) a purpose of the proposed action;

added “(B) the environmental impact of the proposed action;

added “(C) any adverse environmental effects which cannot be avoided should the proposed action be implemented;

added “(D) a reasonable range of alternatives to the proposed action;

added “(E) the relationship between short-term use of fishery resources and the enhancement of long-term productivity;

added “(F) the cumulative conservation and management effects; and

added “(G) economic, and social impacts of the proposed action on—

added “(i) participants in the fisheries and fishing communities affected by the proposed action;

added “(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

added “(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.

added “(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.

added “(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).

added “(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.

added “(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—

added “(A) using Council meetings to determine the scope of issues to be addressed and identifying significant issues related to the proposed action;

added “(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

added “(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.”

added “(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.”

added “(b) Review of regulations

added “(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—”

added “(ii) may not exceed the time the stock would be rebuilt without fishing occurring plus one mean generation, except in a case in which—

added “(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;

added “(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;

added “(III) the Secretary determines that one or more components of a mixed- stock fishery is depleted but cannot be rebuilt within that time- frame without significant economic harm to the fishery, or cannot be rebuilt without causing another component of the mixed- stock fishery to approach a depleted status;

added “(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

added “(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;”

added “(B) take into account environmental condition including predator/prey relationships;”

added “(E) specify a schedule for reviewing the rebuilding targets, evaluating environmental impacts on rebuilding progress, and evaluating progress being made toward reaching rebuilding targets.”

added “(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.

added “(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—

added “(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

added “(B) within 90 days after the completion of the next stock assessment after such determination.”

added Section 318 (16 U.S.C. 1867) is amended—

added “(2) Within one 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.”

added “(A) the use of fishing vessels or acoustic or other marine technology;

added “(B) expanding the use of electronic catch reporting programs and technology; and

added “(C) improving monitoring and observer coverage through the expanded use of electronic monitoring devices.”

added “(a) Certification of State Surveys

added “(1) Inclusion of certified state surveys—In establishing the acceptable biological catch and total allowable catch for red snapper in the Gulf of Mexico, the Secretary shall include—

added “(A) Gulf State recreational fisheries surveys that are certified under subsection (b); and

added “(B) data related to red snapper in the Gulf of Mexico collected by the Gulf States Marine Fisheries Commission, nongovernmental organizations, and other nongovernmental sources, including universities and research institutions.

added “(b) State surveys

added “(1) Submission—A Gulf State that conducts a recreational fisheries survey in the Gulf of Mexico to make catch estimates for red snapper landed in such State may submit such survey to the Secretary for certification.

added “(2) Certification

added “(A) In general—The Secretary shall make a certification or a denial of certification for any survey submitted under paragraph (1) not later than the end of the 6-month period beginning on the date the survey is submitted.

added “(B) Deemed certified—A recreational fisheries survey is deemed to be certified effective upon the expiration of such period if the Secretary has not made a certification or denial of certification.

added “(3) Modification of surveys denied certification

added “(A) In general—If a survey of a Gulf State is 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.

added “(B) Proposal—A proposal provided to a Gulf State for a survey under subparagraph (A)—

added “(i) shall be specific to the survey submitted by such Gulf State and may not be construed to apply to any other Gulf State;

added “(ii) shall require revision to the fewest possible provisions of the survey; and

added “(iii) may not unduly burden the ability of such Gulf State to revise the survey.

added “(C) Modified survey

added “(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.

added “(ii) Schedule—The Secretary shall make a certification or denial of certification for any modified survey not later than the end of the 30-day period beginning on the date the modified survey is submitted.

added “(iii) Deemed certified—A modified survey is deemed to be certified effective upon the expiration of the period described in clause (ii) if the Secretary has not made a certification or denial of certification.

added “(c) Definitions—In this section:

added “(1) Gulf state—The term “Gulf State” means each of the States of Texas, Louisiana, Mississippi, Alabama, or Florida.

added “(2) Red snapper—The term “red snapper” means the species Lutjanus campechanus.”

added “(4) Notwithstanding section 3(11), for the purposes of managing the recreational sector of the Gulf of Mexico red snapper fishery, the seaward boundary of a coastal State in the Gulf of Mexico is a line 9 miles seaward from the baseline from which the territorial sea of the United States is measured.”

added “5. Ensuring consistent fisheries management under certain other Federal laws

added “(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.

added “(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—

added “(1) using authority under this Act; and

added “(2) in accordance with processes and time schedules required under this Act.”

added Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amended—

added “(B) The Secretary shall publish the estimated cost of recovery from a fishery resource disaster no later than 30 days after the Secretary makes the determination under subparagraph (A) with respect to such disaster.”

added Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), and by inserting after paragraph (1) the following:

added “(2) The Secretary shall make a decision regarding a request from a Governor under paragraph (1) within 90 days after receiving an estimate of the economic impact of the fishery resource disaster from the entity requesting the relief.”

added Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended—

added Section 210(e)(1) of the American Fisheries Act (title II of division C of Public Law 105–277; 16 U.S.C. 1851 note) is amended to read as follows:

added “(1) Harvesting

added “(A) Limitation—No particular individual, corporation, or other entity may harvest, through a fishery cooperative or otherwise, a percentage of the pollock available to be harvested in the directed pollock fishery that exceeds the percentage established for purposes of this paragraph by the North Pacific Fishery Management Council.

added “(B) Maximum percentage—The percentage established by the North Pacific Fishery Management Council shall not exceed 24 percent of the pollock available to be harvested in the directed pollock fishery.”

added Section 313 (16 U.S.C. 1862) is amended by adding at the end the following:

added “(k) Arctic community development quota—If the North Pacific Fishery Management Council issues a fishery management plan for the exclusive economic zone in the Arctic Ocean, or an amendment to the Fishery Management Plan for Fish Resources of the Arctic Management Area issued by such Council, that makes available to commercial fishing, and establishes a sustainable harvest level, for any part of such zone, the Council shall set aside not less than 10 percent of the total allowable catch therein as a community development quota for coastal villages located north and east of the Bering Strait.”

added Section 307 (16 U.S.C. 1857) is amended—

added “(a) In general—It is unlawful—”

added “(b) Prohibition on shark feeding off coast of Florida

added “(1) In general—It is unlawful—

added “(A) for any diver to engage in shark feeding in covered waters; and

added “(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—

added “(i) engaged in shark feeding in covered waters; or

added “(ii) engaged in observing shark feeding in covered waters.

added “(2) Definitions—For purposes of this subsection:

added “(A) Covered waters—The term “covered waters” means Federal waters off the coast of Florida.

added “(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.

added “(C) Shark feeding—The term “shark feeding” means—

added “(i) the introduction of food or any other substance into covered water for the purpose of feeding or attracting sharks; or

added “(ii) presenting food or any other substance to a shark for the purpose of feeding or attracting sharks.

added “(3) Exception—This subsection shall not apply to shark feeding conducted—

added “(A) by a research institution, university, or government agency for research purposes; or

added “(B) for the purpose of harvesting sharks.”

added Section 3(10) (16 U.S.C. 1802) 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”.