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Title II — Fisheries Management Flexibility and Modernization

H.R. 200 · 115th Congress · Jul 12, 2018 · Lineage

II Fisheries Management Flexibility and Modernization

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-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 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. 203 Alternative fishery management measures

Section 302(h) (16 U.S.C. 1852(h)) is amended—
(1)
in paragraph (7)(C), by striking “; and” and inserting a semicolon;
(2)
by redesignating paragraph (8) as paragraph (9); and
(3)
by inserting after paragraph (7), the following:

“(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”

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

“(B) annual catch limits for each year in any continuous period that is not more than 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 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) 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-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 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)
Publication— The Secretary of Commerce shall make available on the Internet Website of the National Oceanic and Atmospheric Administration the report required under the amendment made by 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. 208 Recreational fishing data

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:

“(4) Federal-state partnerships

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

“(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.”

Sec. 209 Miscellaneous amendments relating to fishery management councils

(a)
Council Jurisdiction for Overlapping Fisheries— Section 302(a)(1) (16 U.S.C. 1852(a)) is amended—
(1)
in subparagraph (A), in the second sentence—
(A)
by striking “18” and inserting “19”; and
(B)
by inserting before the period at the end “and a liaison who is a member of the Mid-Atlantic Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council”; and
(2)
in subparagraph (B), in the second sentence—
(A)
by striking “21” and inserting “22”; and
(B)
by inserting before the period at the end “and a liaison who is a member of the New England Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council”.
(b)
Council seat— Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended—
(1)
in subparagraph (A), by striking “or recreational” and inserting “, recreational, or subsistence fishing”; and
(2)
in subparagraph (C), in the second sentence, by inserting “, and in the case of the Governor of Alaska with the subsistence fishing interests of the State,” after “interests of the State”.
(c)
Purpose— Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by striking “and recreational” and inserting “, recreational, and subsistence”.
(d)
Prohibition on Considering Red Snapper Killed During Removal of Oil Rigs— Any red snapper that are killed during the removal of any offshore oil rig in the Gulf of Mexico shall not be considered in determining under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) whether the total allowable catch for red snapper has been reached.
(e)
Prohibition on Considering Fish Seized from Foreign Fishing— Any fish that are seized from a foreign vessel engaged in illegal fishing activities in the exclusive economic zone shall not be considered in determining under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) the total allowable catch for that fishery.

Sec. 210 Northeast regional pilot research trawl survey and study

(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.