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[Senate Report 114-398]
[From the U.S. Government Publishing Office]


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                                                       Calendar No. 697

114th Congress  }                                           {    REPORT
                                  SENATE
 2d Session     }                                           {   114-398
_______________________________________________________________________

                   FLORIDA FISHERIES IMPROVEMENT ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1403

               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                December 9, 2016.--Ordered to be printed

                              ---------

                   U.S. GOVERNMENT PUBLISHING OFFICE

69-010                      WASHINGTON : 2016

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel

                                                      Calendar No. 697

114th Congress  }                                            {  Report
                                 SENATE
 2d Session     }                                            { 114-398

======================================================================

 
                   FLORIDA FISHERIES IMPROVEMENT ACT

                                _______

                December 9, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1403]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1403) to amend the Magnuson-
Stevens Fishery Conservation and Management Act to promote 
sustainable conservation and management for the Gulf of Mexico 
and South Atlantic fisheries and the communities that rely on 
them, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 1403 is to amend the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et 
seq.) to promote sustainable conservation and management for 
the Gulf of Mexico and South Atlantic fisheries and the 
communities that rely on them.

                          Background and Needs

    Fisheries play an important role in the culture, food 
security, environment, and economy of the United States. In 
2013, the average U.S. resident consumed 14.5 pounds of fish 
and shellfish. While the United States exported 3.3 billion 
pounds of edible fishery products, valued at $5.6 billion, the 
United States imported $18 billion worth of edible fishery 
products in 2013.\1\ Both commercial and recreational fisheries 
have extensive economic impacts. In 2011, the domestic 
commercial seafood industry supported approximately 1.2 million 
full-time and part-time jobs including fishermen, processors, 
and retailers. In landings revenue alone, finfish and shellfish 
landings were valued at $5.3 billion in 2011. Also in 2011, 
approximately 11 million recreational saltwater fishermen 
helped to support more than 450,000 jobs and to generate nearly 
$70 billion in sales, including fishing gear and fishing 
trips.\2\ Marine fisheries resources in the United States are 
managed under State and Federal authorities. Fisheries in the 
U.S. Exclusive Economic Zone (U.S. EEZ) are managed under the 
authority of the MSA.\3\ The U.S. EEZ is the largest in the 
world: it extends from coastal State boundaries to 200 nautical 
miles from shore, encompassing about 3.4 million square 
nautical miles of area. Within a few miles of shore, States are 
responsible for fisheries management, often in coordination 
with neighboring States and with the Federal Government. Most 
States' seaward boundaries extend three miles from shore; 
however, the seaward boundaries of Texas, Puerto Rico, and the 
Gulf Coast of Florida are at nine nautical miles. In 2012, 
Louisiana claimed State jurisdiction out to over 10 miles.\4\
---------------------------------------------------------------------------
    \1\National Marine Fisheries Service, Fisheries of the United 
States, 2013, U.S. Department of Commerce, Current Fishery Statistics 
No. 2012, 2014, 124 pp, available at http://www.st.nmfs.noaa.gov/
commercial-fisheries/fus/fus13/index (accessed June 17, 2015).
    \2\National Marine Fisheries Service, Fisheries Economics of the 
United States, 2011, U.S. Department of Commerce, NOAA Technical 
Memorandum NMFS-F/SPO-118, 2012, 175 pp, available at https://
www.st.nmfs.noaa.gov/st5/publication/index.html (accessed October 30, 
2013).
    \3\16 U.S.C. 1801 et seq.
    \4\Louisiana (State), Senate Bill 145 Act No 366, 2011, available 
at http://www.legis.la.gov/legis/ViewDocument.aspx?d=760938 (accessed 
June 17, 2015).
---------------------------------------------------------------------------
    In 1976, Congress passed the Fishery Conservation and 
Management Act,\5\ which established a ``fishery conservation 
zone'' extending 200 miles from the shores of the United 
States, gave the United States exclusive authority to manage 
fishery resources within that zone, and excluded most foreign 
fishing fleets from those waters. In 1983, the Act was amended 
to reflect President Reagan's proclamation establishing the 
U.S. EEZ 200 nautical miles offshore of the United States\6\ 
consistent with the United Nations Convention on the Law of the 
Sea.\7\ The Act was retitled the Magnuson Fishery Conservation 
and Management Act in 1980\8\ to honor the leadership of 
Senator Warren Magnuson in the Act's original passage; in 1996, 
Senator Ted Stevens' contributions were recognized when his 
name was appended to the title.\9\ The original version of the 
Act, in addition to establishing U.S. control over the fishery 
resources off our shores, also established eight Regional 
Fishery Management Councils: New England, Mid-Atlantic, South 
Atlantic, Caribbean, Gulf, Pacific, North Pacific, and Western 
Pacific.\10\ The Fishery Management Councils (Councils) include 
State, Federal, industry, and scientific representatives, and 
they are primarily responsible for developing fishery 
management plans for fisheries in their respective regions.\11\ 
The Federal Government provides science and administrative 
support for the management of fisheries in Federal waters, 
primarily through the National Oceanic and Atmospheric 
Administration's (NOAA) National Marine Fisheries Service 
(NMFS). NMFS is subdivided into six regional offices and 
corresponding Science Centers: Alaska, Northeast, Northwest, 
Pacific Islands, Southeast and Caribbean, and Southwest.\12\
---------------------------------------------------------------------------
    \5\P.L. 94-265.
    \6\48 Fed. Reg. 10605.
    \7\J. Rolleri, ``Taking Stock: The Magnuson-Stevens Act Revisited; 
Background Materials on the MSA,'' prepared for the 8th Marine Law 
Symposium, November 4-5, 2010, Roger Williams University School of Law, 
Bristol, RI.
    \8\P.L. 96-561.
    \9\P.L. 104-208.
    \10\For each Council's area of responsibility, see http://
www.nmfs.noaa.gov/sfa/reg_svcs/councils.htm (accessed October 30, 
2013).
    \11\16 U.S.C. 1852.
    \12\National Marine Fisheries Service. 2013. Fisheries of the 
United States, 2012. U.S. Department of Commerce, Current Fishery 
Statistics No. 2012: p. 108. Available at: http://www.st.nmfs.noaa.gov/
commercial-fisheries/fus/fus12/index (accessed October 30, 2013).
---------------------------------------------------------------------------
    Enforcing Federal fisheries laws is a collaborative effort 
amongst several Federal agencies, including NOAA and NMFS, the 
U.S. Coast Guard (USCG), the Department of Justice (DOJ), and 
the Department of State (DOS). The USCG enforces fisheries laws 
at sea and is the primary Federal presence over the entire U.S. 
EEZ. Annually, the USCG conducts an average of 5,500 boardings 
on domestic fishing vessels in support of the MSA. Violation 
and penalty decisions are made by NMFS, in consultation with 
the DOJ for significant prosecution cases. The USCG also is 
responsible for protecting the U.S. EEZ from foreign vessel 
encroachment and works with both NOAA and the DOS to enforce 
violations of foreign vessels taking resources from U.S. 
waters. NMFS, the Interstate Marine Fisheries Commissions, and 
the USCG also work with State enforcement agencies through a 
cooperative enforcement program, which authorizes States to 
enforce Federal fisheries laws as well as their own 
regulations. The Gulf of Mexico Fishery Management Council 
(Gulf of Mexico Council) prepares fishery management plans to 
manage fishery resources in the Federal waters of the Gulf of 
Mexico. The Gulf of Mexico Council is responsible for the 
following fishery management plans: coastal migratory pelagics, 
which comprises 5 species including cobia and king mackerel 
(managed jointly with the South Atlantic Fishery Management 
Council (South Atlantic Council)); red drum; reef fish, which 
includes 11 snappers, 11 groupers, and 9 other species such as 
amberjacks and tilefishes; shrimp, which includes 4 shrimp 
species; spiny lobster (managed jointly with the South Atlantic 
Council); and corals and coral reefs, which includes dozens of 
coral species.\13\ In 2013, Gulf of Mexico commercial fishermen 
landed 1.45 billion pounds of fish valued at $905 million.\14\
---------------------------------------------------------------------------
    \13\Gulf of Mexico Fishery Management Council, Species listed in 
the fishery management plans of the Gulf of Mexico Fishery Management 
Council, 2012, available at http://www.gulfcouncil.org/Beta/GMFMCWeb/
downloads/species%20managed.pdf (accessed November 4, 2013).
    \14\National Marine Fisheries Service, Fisheries of the United 
States, 2013, U.S. Department of Commerce, Current Fishery Statistics 
No. 2012, 2014, 124 pp, available at http://www.st.nmfs.noaa.gov/
commercial-fisheries/fus/fus13/index (accessed June 17, 2015).
---------------------------------------------------------------------------
    On April 20, 2010, an explosion occurred on the Mobile 
Offshore Drilling Unit Deepwater Horizon. Eleven men perished 
in the explosion. Soon after, it became clear that the damaged 
oil well, known as the Macondo well, was leaking oil into the 
Gulf of Mexico. In August 2010, the well was largely brought 
under control, but it was not until September 19, 2010, that 
the well was permanently sealed. According to final government 
estimates, a total of 4.9 million barrels (more than 200 
million gallons) of oil were released from the Macondo 
well.\15\ Natural resource science and restoration efforts in 
the Gulf of Mexico are supported by a variety of sources, 
including the Gulf Environmental Benefit Fund, Gulf of Mexico 
Research Initiative, the Gulf Coast Ecosystem Restoration Task 
Force established by Executive Order, the Natural Resource 
Damage Assessment Process prescribed by the Oil Pollution Act 
of 1990,\16\ and the Resources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast 
States Act of 2011.\17\ During the summer of 2010, many State 
and Federal fishing areas were closed due to the oil spill; at 
the height of these closures, on June 2, 2010, over one-third 
of the U.S. EEZ in the Gulf of Mexico was closed to 
fishing.\18\ However, after testing by the Food and Drug 
Administration, NOAA, and other Federal and State agencies, 
these waters were gradually reopened; by fall 2011 all Federal 
and most State fishing areas had been reopened.\19\ On April 
29, 2015, the Committee held a hearing to review these recovery 
efforts, entitled, ``Five Years After Deepwater Horizon: 
Improvements and Challenges in Prevention and Response.''
---------------------------------------------------------------------------
    \15\CRS report R41531, Deepwater Horizon Oil Spill: The Fate of the 
Oil, by J. L. Ramseur.
    \16\33 U.S.C. 2701 et seq.
    \17\P.L. 112--141, Subtitle F.
    \18\NOAA Fisheries, Southeast Regional Office, Deepwater Horizon/BP 
Oil Spill: Size and Percent Coverage of Fishing Area Closures Due to BP 
Oil Spill, available at http://sero.nmfs.noaa.gov/deepwater_horizon/
size_percent_closure/index.html (accessed November 1, 2013).
    \19\U.S. Food and Drug Administration, Gulf of Mexico Oil Spill, 
available at http://www.fda.gov/food/ucm210970.htm (accessed November 
1, 2013).
---------------------------------------------------------------------------
    The South Atlantic Council, headquartered in Charleston, 
South Carolina, is responsible for the conservation and 
management of fish stocks within the Federal 200-mile limit of 
the Atlantic off the coasts of North Carolina, South Carolina, 
Georgia, and east Florida to Key West.\20\ The South Atlantic 
Council is responsible for the following fishery management 
plans: snapper grouper complex, which includes 20 species of 
sea basses and groupers, wreckfish, 14 snapper species, 7 
porgies, and 18 other fish species; coastal migratory pelagics 
(managed jointly with the Gulf of Mexico Council); coral and 
live bottom habitat, which includes many coral species; 
dolphinfish and wahoo; golden crab; shrimp, which includes 5 
species of shrimp; spiny lobster (managed jointly with the Gulf 
of Mexico Council); and Sargassum, a type of floating marine 
vegetation that provides important habitat and is therefore 
limited to harvest. The snapper grouper complex is the only 
fishery management plan under the South Atlantic Council's 
jurisdiction that contains species that are considered 
overfished.\21\ Collectively, the commercial fishermen in the 
South Atlantic region landed 91.5 million pounds of catch 
valued at $160 million in 2013.\22\ NMFS recently announced 
that black sea bass, a popular fish for both recreational and 
commercial fishermen in the southeast, has been rebuilt.\23\ 
The southern stock was declared overfished in 2005, and the 
South Atlantic Council at that time opted to reduce the annual 
catch limits for black sea bass and to keep them at those 
reduced levels until the stock rebuilt. As a result of this 
management success, it is possible that the next season's 
allowable catch could be nearly double what fishermen have had 
access to in recent years.\24\
---------------------------------------------------------------------------
    \20\South Atlantic Fishery Management Council, About SAFMC, 
available at http://safmc.net/about-us/about-safmc (accessed November 
1, 2013).
    \21\South Atlantic Fishery Management Council, Fishery Management 
Plans/Amendments, available at http://safmc.net/resource-library/
fishery-management-plans-amendments (accessed November 1, 2013).
    \22\National Marine Fisheries Service, Fisheries of the United 
States, 2013, U.S. Department of Commerce, Current Fishery Statistics 
No. 2012, 2014, 124 pp, available at http://www.st.nmfs.noaa.gov/
commercial-fisheries/fus/fus13/index (accessed June 17, 2015).
    \23\NOAA Fisheries, Southeast Regional Office, Back in Black: Black 
Sea Bass Stock is Rebuilt, available at http://sero.nmfs.noaa.gov/
documents/main_articles/html/ (accessed November 1, 2013).
    \24\National Marine Fisheries Service, Southeast Regional Office, 
Rebuilding the population, available at http://sero.nmfs.noaa.gov/
sustainable_fisheries/s_atl/sg/bsb/ppf/rebuilding/index.html (accessed 
November 1, 2013).
---------------------------------------------------------------------------

Improvements in the Estimation of Fish Stocks

    To set catch limits and understand the health of fish 
stocks, fisheries managers need to collect and use accurate, 
timely data about the fishery. The primary tool that NMFS uses 
to support fisheries decision-making is a ``stock assessment.'' 
Stock assessments rely on data about the catch, abundance, and 
biology of a fish stock. Catch data can come from: dockside 
monitoring records, often collected in partnership with States; 
logbooks, records from commercial fishing vessels; observers, 
who ride along on fishing trips to monitor bycatch and 
discards; and surveys and sampling to estimate recreational 
harvest. With respect to the latter, since 2007, NMFS has been 
implementing a new Marine Recreational Information Program 
(MRIP) in response to recommendations from a National Research 
Council report on recreational fishing survey methods and 
requirements of the most recent MSA reauthorization. Abundance 
data can be collected in fishery-independent surveys, carried 
out by one of NOAA's fishery research vessels or by a 
contracted commercial fishing vessel. When fishery-independent 
data are unavailable, abundance of a stock can be inferred 
using information about the catch rate. Finally, basic 
biological data about a stock, such as age structure, 
reproductive rate, and size, are vital to the stock assessment 
process.\25\ In 2014, based on recommendations from the 
National Research Council and results from a series of multi-
year pilot projects, the MRIP began a transition from a phone-
based to a mail-based recreational fishing survey. Rather than 
randomly dialing the phone numbers of people who live in 
coastal counties, the surveys are sent to people in the fishing 
license database and include a response incentive.\26\
---------------------------------------------------------------------------
    \25\National Marine Fisheries Service, Fish Stock Assessment 101 
Series: Part 1--Data Required for Assessing U.S. Fish Stocks, 2012, 
available at http://www.nmfs.noaa.gov/stories/2012/05/
05_23_12stock_assessment_101_part1.html (accessed October 30, 2013).
    \26\NOAA Office of Science and Technology, Improving the MRIP 
Fishing Effort Survey, 2014, available at http://www.st.nmfs.noaa.gov/
recreational-fisheries/program-overview/mrip-effort-survey (accessed 
June 18, 2015).
---------------------------------------------------------------------------
    Even with the best available and most recent data possible, 
uncertainty in the dynamic ocean ecosystem persists. In 
addition to that scientific uncertainty, managers take into 
account ``management uncertainty,'' which arises due to 
inaccurate or late reporting of catch or bycatch in a fishery. 
In spite of efforts to improve recreational data collection, 
fisheries with a large recreational component often have 
additional uncertainty resulting from the difficulty in 
reliably recording catches by numerous geographically dispersed 
fishermen. Stock assessments with a high degree of uncertainty 
can lead to management actions, such as lower catch limits for 
that stock, to deal with that uncertainty. However, collecting 
additional data to reduce uncertainty can be a costly 
proposition.\27\ Improvements in data collection through better 
methods or advancements in technology can reduce uncertainty in 
scientific and catch data, thereby reducing catch buffers based 
on uncertainty and resulting in better fishery management.\28\ 
The Subcommittee on Oceans, Atmosphere, Fisheries, and Coast 
Guard held a hearing on May 20, 2015, titled, ``Improvements 
and Innovations in Fishery Management and Data Collection,'' 
which focused on the importance of reliable fishery data and 
how innovative methods for collection can improve the accuracy 
of stock assessments.
---------------------------------------------------------------------------
    \27\CRS Report R42563, Ending Overfishing and Rebuilding Fish 
Stocks in U.S. Federal Waters, H. F. Upton and E. H. Buck.
    \28\R.D. Methot, A Scientific Perspective on Challenges and 
Successes with Annual Catch Limits, and Possibilities to Improve 
Fishery Sustainability. Available at http://www.nmfs.noaa.gov/sfa/
laws_policies/national_standards/documents/methot_2013_monf.pdf 
(accessed July 13, 2015).
---------------------------------------------------------------------------

Red Snapper Management

    NMFS has classified the red snapper stock in the Gulf of 
Mexico as overfished, but the stock is managed under a 
rebuilding plan that recent stock assessments have indicated is 
rebuilding. In September 2013, the Monterey Bay Aquarium 
Seafood Watch Program moved Gulf of Mexico commercial red 
snapper from a fish to ``avoid'' to a ``good alternative.'' The 
total allowable catch of the stock is split between the 
commercial (51 percent) and recreational (49 percent) fishing 
sectors, an allocation established in 1990 based on historical 
landing data. Since 2007, NMFS has managed the commercial 
fishery for Gulf of Mexico red snapper as an individual fishing 
quota program, in which the permissible quota is held by 
individuals and corporations. However, recreational fishermen 
are chafing under what they feel is an unfairly low proportion 
of catch allocation. Because the recreational fishery is 
managed using a bag limit (2 fish) and a size limit (at least 
16 inches), the recreational sector is meeting its quota sooner 
by catching larger fish more easily.
    The 2014 recreational season in Federal waters, which was 
originally projected to be two weeks longer than the previous 
year, was limited to nine days following a March 26, 2014, 
decision by the United States District Court for the District 
of Columbia.\29\ In this decision, NMFS was found in pertinent 
part to have failed to require adequate accountability measures 
to prohibit the retention of fish after the recreational quota 
had been harvested. Following this ruling, NOAA announced an 
emergency action to set red snapper accountability measures for 
the 2014 recreational fishery in the Gulf of Mexico.\30\ After 
taking into account the 2013 season catch and inconsistent 
seasons in several States, the recreational red snapper season 
was shortened from an anticipated 40 days to nine days. The 
2015 recreational season, in Federal waters, was also limited 
to nine days.\31\
---------------------------------------------------------------------------
    \29\Guindon vs. Pritzker, WL 1274076; D.D.C. Mar. 26, 2014.
    \30\National Marine Fisheries Service, Emergency Action to Set Red 
Snapper Accountability measures for the Recreational Sector of the Gulf 
of Mexico Reef Fish Fishery, 2014, available at http://
sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/
rs_2014_rec/documents/pdfs/gulf_rs_2014_emergency_action_ea.pdf 
(accessed June 18, 2015).
    \31\National Marine Fisheries Service, Frequently Asked Questions: 
2014 Recreational Gulf Red Snapper Season, 2014, available at http://
myfwc.com/media/2806534/FAQ-Gulf-Red-Snapper.pdf (accessed June 18, 
2015).
---------------------------------------------------------------------------
    The management decisions of Gulf States can also impact the 
management of red snapper; some of these interactions were 
reviewed in the subcommittee's hearing on March 19, 2013, 
``Developments and Opportunities in U.S. Fisheries 
Management.'' This Congress, several bills have been introduced 
that would alter the relationship between the authorities of 
the Gulf States and the Department of Commerce with respect to 
red snapper management: S. 55, the Offshore Fairness Act; H.R. 
981, the Red Snapper Regulatory Reform Act; and S. 105, the Red 
Snapper Management Improvement Act. All three bills are pending 
before relevant committees. In addition, an amendment to the FY 
2016 Commerce, Justice, Science and Related Agencies 
Appropriation bill (H. Amdt. 339), was accepted by voice vote 
to prohibit the use of funds by NOAA to enforce red snapper 
recreational quotas for private, for-hire, or recreational 
fishermen in Federal waters of the Gulf of Mexico.

Fisheries Disaster Relief

    Commercial fishery failures can be declared when fishermen 
endure economic hardships resulting from fish population 
declines or other disruptions to the fishery. Declines in 
fishery resource abundance may result from several factors, 
such as natural environmental variations, human effects on the 
environment (e.g., pollution), and overfishing. Direct Federal 
financial assistance has been provided to fishermen and fishing 
communities in the form of grants, job retraining, employment, 
and low interest loans. Assistance also has included fishery 
data collection, resource restoration, research, and fishing 
capacity reduction programs to prevent or lessen the effects of 
future disruptions to fisheries. However, disasters too often 
are not declared in a timely manner. Since 2010, it has taken 
an average of 241 days, and as many as 529 days, for the 
Secretary of Commerce to come to a decision about the fishery 
disaster request.\32\ This time lag can have serious economic 
consequences for the communities affected. For example, oyster 
biomass in Florida's Apalachicola Bay collapsed by 80 percent, 
with a direct impact on more than 2,000 jobs.\33\ The delay 
between the request and declaration for this fishery was nearly 
a year.
---------------------------------------------------------------------------
    \32\National Marine Fisheries Service, Fishery Disaster 
Determinations, available at http://www.nmfs.noaa.gov/sfa/management/
disaster/determinations/sero.html#acc64 (accessed October 15, 2015).
    \33\Florida Fish and Wildlife Conservation Commission, 2012-2013 
Florida Gulf Coast Oyster Disaster Report, available at http://
www.floridajobs.org/docs/default-source/2015-community-development/
2015-cmty-plan-acsc/
20122013floridagulfcoastoysterdisasterreport.pdf?sfvrsn=2 (accessed 
July 13, 2015).
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                         Summary of Provisions

    If enacted, S. 1403, the Florida Fisheries Improvement Act 
of 2015, would do the following:

     Repeal section 407(d) of the MSA (16 U.S.C. 
1883(d)).

     Require both the Gulf of Mexico Council and the 
South Atlantic Council to review the allocation of fishing 
privileges.

     Increase public involvement in the scientific and 
statistical processes that inform fishery management.

     Allow fishery facilities to make use of capital 
construction funds.

     Allow for more than 10 years of rebuilding for 
fish stocks managed under an international agreement.

     Require a plan to conduct stock assessments for 
all stocks currently managed.

     Require a report on better use of fisheries data.

     Speed up the timeline for fishery disaster 
declaration.

                          Legislative History

    S. 1403 was introduced by Senator Rubio on May 20, 2015. On 
June 25, 2015, the Committee met in open Executive Session and, 
by a voice vote, ordered S. 1403 to be reported favorably with 
an amendment in the nature of a substitute. It is cosponsored 
by Senator Nelson. On May 20, 2015, the Subcommittee on Oceans, 
Atmosphere, Fisheries, and Coast Guard held a hearing on 
methods to reduce uncertainty titled, ``Improvements and 
Innovations in Fishery Management and Data Collection.''

                            Estimated Costs

    In compliance with subsection (a)(3) of paragraph 11 of 
rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraphs (1) and (2) of that subsection 
in order to expedite the business of the Senate.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 1403 as reported would not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    The legislation is not expected to have a negative impact 
on the Nation's economy.

                                privacy

    The reported bill is not expected to impact the personal 
privacy of individuals.

                               paperwork

    S. 1403 would require a study from the National Academies 
of Science (NAS) on allocation of fishing privileges and 
guidance on criteria for making allocation decisions, and 
mandate a report to Congress on this study. S. 1403 also would 
require the Secretary of Commerce to develop a report on better 
facilitation of data, analysis, stock assessments, and surveys 
from nongovernmental sources and submit this report to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Natural Resources of the House of 
Representatives not later than one year after the date of the 
enactment of this Act. It would require scientific and 
statistical committees to provide reports on stock status and 
health, bycatch, habitat status, social and economic impacts of 
management measures, and sustainability of fishing practices. 
Finally, S. 1403 would require the Secretary of Commerce to 
develop a plan to conduct stock assessments and to publish this 
plan in the Federal Register.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title; table of contents.

    This section would designate the short title of this bill 
as the, ``Florida Fisheries Improvement Act'' and would provide 
a table of contents for the bill.

Section 2. References to the Magnuson-Stevens Fishery Conservation and 
        Management Act.

    This section would specify that all amendments and repeals 
in this bill apply to the MSA unless otherwise indicated.

                 TITLE I-- CONSERVATION AND MANAGEMENT

Section 101. Regional Fishery Management Councils.

    The amendments made under this section would harmonize the 
rules for nomination of South Atlantic Council members so that 
they are the same as those for the Gulf of Mexico Council 
members. The amendments would remove the expiration date for 
certain requirements regarding individuals nominated for 
appointment to the Gulf of Mexico Council and, as provided by 
this section, the South Atlantic Council. They would add a 
requirement that scientific and statistical committees provide 
advice and reports to the management councils in a way that 
allows for public involvement. They also would require the 
Council to make a video or audio webcast of meetings of the 
Council and each meeting of the scientific and statistical 
committees available within 30 days of such meetings. Finally, 
the amendments would give the Council the authority to use 
alternative fishery management methods in a recreational or 
mixed-use fishery.

Section 102. Contents of fishery management plans.

    The amendment made under this section would provide an 
exception for creating annual catch limits, regulations, or 
annual specifications if the fish species has a mean life cycle 
of 12 months or less or spawns and recruits beyond State waters 
and the exclusive economic zone, unless the Secretary of 
Commerce has determined the fishery is subject to overfishing. 
It also would limit the establishment of catch limits, 
regulations, or specifications if doing so will affect the 
requirements of the MSA to prevent overfishing while achieving 
maximum sustainable yield or rebuilding the fishery.

Section 103. Funding for stock assessments, surveys, and data 
        collection.

    The amendment made under this section would allow the 
Secretary of Commerce or the Secretary of the Treasury to pay 
for the costs of stock assessments, surveys, and data 
collection in fisheries out of sums received as fines, 
penalties, and forfeitures of property.

Section 104. Capital construction.

    The amendments made under this section would add fishery 
facilities as eligible for funds under the capital construction 
fund of the MSA. They would define ``agreement fishery 
facility'' as land or sea-based operations, land, or equipment 
used for processing, distributing, or holding fish, or for 
aquaculture. They also would add a requirement that these 
fishery facilities be owned by a U.S. citizen or at least 75 
percent owned by U.S. citizens. The amendments under this 
section also would define the tax treatment of fishery 
facilities under nonqualified and qualified withdrawals from 
the capital construction fund, and of containers under 
nonqualified withdrawals.

Section 105. Fisheries disaster relief.

    The amendment made under this section would require the 
Secretary of Commerce to make a decision about a request for 
funds for fisheries disaster relief within 90 days after 
receiving an estimate of the economic impact of the fishery 
disaster.

Section 106. Regional fishery conservation and management authorities.

    The amendment made under this section would require both 
the Gulf of Mexico Council and the South Atlantic Council to 
review the allocation of fishing privileges among the 
commercial, recreational, and charter components of any 
fisheries managed under fishery management plans. It also would 
allow the Council to delay action for up to three one-year 
periods.

Section 107. Study of allocations in mixed-use fisheries.

    This section would require a study from the NAS to provide 
guidance on criteria for allocating fishing privileges and 
identify sources of information that would be useful in making 
allocation decisions. It also would require a report from the 
NAS to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Natural Resources of the 
House of Representatives on this study.

       TITLE II-- FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Section 201. Fisheries research.

    This section would require the Secretary of Commerce to 
develop a plan to conduct stock assessments for all stocks for 
which there is a fishery management plan in effect and to 
publish it in the Federal Register on the same publication 
schedule as the strategic plan for fisheries research. For fish 
stocks which have already had assessments done, this plan would 
include a schedule for updating the stock assessment, and 
require the completion of a new stock assessment or an update 
of the most recent stock assessment. For fish stocks which have 
not previously had an assessment, this plan would establish a 
schedule for conducting an initial stock assessment, require 
completion of this initial assessment within 3 years of the 
schedule's publication in the Federal Register, and identify 
data and analysis that would reduce uncertainty and improve 
accuracy of future stock assessments. This data and analysis 
would include data from nongovernmental sources, including 
fishermen, fishing communities, universities, and research 
institutions. This section would waive the stock assessment 
requirement if the Secretary of Commerce determines that it is 
not necessary.

Section 202. Improving science.

    This section would require the Secretary of Commerce to 
develop a report on better facilitation of data, analysis, 
stock assessments, and surveys from nongovernmental sources and 
submit this report to the Committee on Commerce, Science, and 
Transportation of the Senate and to the Committee on Natural 
Resources of the House of Representatives. The report would 
identify types of data and analysis that can be reliably used, 
including as the basis for establishing conservation and 
management measures. This would include setting standards for 
data collection, use, and analysis in stock assessments and 
surveys, and providing recommendations for data collection and 
analysis. It also would consider the possibility of 
establishing a registry of people who could provide fishery 
information and whether the recommendations of the report are 
practicable.

Section 203. Focusing assets for improved fisheries outcomes.

    This section would set limits on the ability of the Senate 
or the House of Representatives to consider any bill, 
amendment, or conference report that reduces any amount in the 
Fisheries Promotion Fund. It would limit the ability of the 
Senate and the House of Representatives to repeal or amend this 
section.

Section 204. Gulf of Mexico red snapper catch limits; repeal.

    This section would repeal the requirement for separate 
catch quotas to be set by the Gulf of Mexico Council for 
recreational and commercial fishing of red snapper.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

                        [16 U.S.C. 1801 et seq.]

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.

                            [16 U.S.C. 1852]

  (a) Establishment.--
          (1) There shall be established, within 120 days after 
        the date of the enactment of this Act, eight Regional 
        Fishery Management Councils, as follows:
                  (A) New england council.--The New England 
                Fishery Management Council shall consist of the 
                States of Maine, New Hampshire, Massachusetts, 
                Rhode Island, and Connecticut and shall have 
                authority over the fisheries in the Atlantic 
                Ocean seaward of such States (except as 
                provided in paragraph (3). The New England 
                Council shall have 18 voting members, including 
                12 appointed by the Secretary in accordance 
                with subsection (b)(2) (at least one of whom 
                shall be appointed from each such State).
                  (B) Mid-atlantic council.--The Mid-Atlantic 
                Fishery Management Council shall consist of the 
                States of New York, New Jersey, Delaware, 
                Pennsylvania, Maryland, Virginia, and North 
                Carolina and shall have authority over the 
                fisheries in the Atlantic Ocean seaward of such 
                States (except North Carolina, and as provided 
                in paragraph (3). The Mid-Atlantic Council 
                shall have 21 voting members, including 13 
                appointed by the Secretary in accordance with 
                subsection (b)(2) (at least one of whom shall 
                be appointed from each such State).
                  (C) South atlantic council.--The South 
                Atlantic Fishery Management Council shall 
                consist of the States of North Carolina, South 
                Carolina, Georgia, and Florida and shall have 
                authority over the fisheries in the Atlantic 
                Ocean seaward of such States (except as 
                provided in paragraph (3). The South Atlantic 
                Council shall have 13 voting members, including 
                8 appointed by the Secretary in accordance with 
                subsection (b)(2) (at least one of whom shall 
                be appointed from each such State).
                  (D) Caribbean council.--The Caribbean Fishery 
                Management Council shall consist of the Virgin 
                Islands and the Commonwealth of Puerto Rico and 
                shall have authority over the fisheries in the 
                Caribbean Sea and Atlantic Ocean seaward of 
                such States and of commonwealths, territories, 
                and possessions of the United States in the 
                Caribbean Sea (except as provided in paragraph 
                (3). The Caribbean Council shall have 7 voting 
                members, including 4 appointed by the Secretary 
                in accordance with subsection (b)(2) (at least 
                one of whom shall be appointed from each such 
                State).
                  (E) Gulf council.--The Gulf of Mexico Fishery 
                Management Council shall consist of the States 
                of Texas, Louisiana, Mississippi, Alabama, and 
                Florida and shall have authority over the 
                fisheries in the Gulf of Mexico seaward of such 
                States (except as provided in paragraph (3). 
                The Gulf Council shall have 17 voting members, 
                including 11 appointed by the Secretary in 
                accordance with subsection (b)(2) (at least one 
                of whom shall be appointed from each such 
                State).
                  (F) Pacific council.--The Pacific Fishery 
                Management Council shall consist of the States 
                of California, Oregon, Washington, and Idaho 
                and shall have authority over the fisheries in 
                the Pacific Ocean seaward of such States. The 
                Pacific Council shall have 14 voting members, 
                including 8 appointed by the Secretary in 
                accordance with subsection (b)(2) (at least one 
                of whom shall be appointed from each such 
                State), and including one appointed from an 
                Indian tribe with Federally recognized fishing 
                rights from California, Oregon, Washington, or 
                Idaho in accordance with subsection (b)(5).
                  (G) North pacific council.--The North Pacific 
                Fishery Management Council shall consist of the 
                States of Alaska, Washington, and Oregon and 
                shall have authority over the fisheries in the 
                Arctic Ocean, Bering Sea, and Pacific Ocean 
                seaward of Alaska. The North Pacific Council 
                shall have 11 voting members, including 7 
                appointed by the Secretary in accordance with 
                subsection (b)(2) (5 of whom shall be appointed 
                from the State of Alaska and 2 of whom shall be 
                appointed from the State of Washington).
                  (H) Western pacific council.--The Western 
                Pacific Fishery Management Council shall 
                consist of the States of Hawaii, American 
                Samoa, Guam, and the Northern Mariana Islands 
                and shall have authority over the fisheries in 
                the Pacific Ocean seaward of such States and of 
                the Commonwealths, territories, and possessions 
                of the United States in the Pacific Ocean area. 
                The Western Pacific Council shall have 13 
                voting members, including 8 appointed by the 
                Secretary in accordance with subsection (b)(2) 
                (at least one of whom shall be appointed from 
                each of the following States: Hawaii, American 
                Samoa, Guam, and the Northern Mariana Islands).
          (2) Each Council shall reflect the expertise and 
        interest of the several constituent States in the ocean 
        area over which such Council is granted authority.
          (3) The Secretary shall have authority over any 
        highly migratory species fishery that is within the 
        geographical area of authority of more than one of the 
        following Councils: New England Council, Mid-Atlantic 
        Council, South Atlantic Council, Gulf Council, and 
        Caribbean Council.
  (b) Voting Members.--
          (1) The voting members of each Council shall be:
                  (A) The principal State official with marine 
                fishery management responsibility and expertise 
                in each constituent State, who is designated as 
                such by the Governor of the State, so long as 
                the official continues to hold such position, 
                or the designee of such official.
                  (B) The regional director of the National 
                Marine Fisheries Service for the geographic 
                area concerned, or his designee, except that if 
                two such directors are within such geographical 
                area, the Secretary shall designate which of 
                such directors shall be the voting member.
                  (C) The members required to be appointed by 
                the Secretary in accordance with paragraphs (2) 
                and (5).
          (2)(A) The members of each Council required to be 
        appointed by the Secretary must be individuals who, by 
        reason of their occupational or other experience, 
        scientific expertise, or training, are knowledgeable 
        regarding the conservation and management, or the 
        commercial or recreational harvest, of the fishery 
        resources of the geographical area concerned. Within 
        nine months after the date of enactment of the Fishery 
        Conservation Amendments of 1990, the Secretary shall, 
        by regulation, prescribe criteria for determining 
        whether an individual satisfies the requirements of 
        this subparagraph.
                  (B) The Secretary, in making appointments 
                under this section, shall, to the extent 
                practicable, ensure a fair and balanced 
                apportionment, on a rotating or other basis, of 
                the active participants (or their 
                representatives) in the commercial and 
                recreational fisheries under the jurisdiction 
                of the Council. On January 31, 1991, and each 
                year thereafter, the Secretary shall submit to 
                the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee 
                on Merchant Marine and Fisheries of the House 
                of Representatives a report on the actions 
                taken by the Secretary to ensure that such fair 
                and balanced apportionment is achieved. The 
                report shall--
                          (i) list the fisheries under the 
                        jurisdiction of each Council, outlining 
                        for each fishery the type and quantity 
                        of fish harvested, fishing and 
                        processing methods employed, the number 
                        of participants, the duration and range 
                        of the fishery, and other 
                        distinguishing characteristics;
                          (ii) assess the membership of each 
                        Council in terms of the apportionment 
                        of the active participants in each such 
                        fishery; and
                          (iii) state the Secretary's plans and 
                        schedule for actions to achieve a fair 
                        and balanced apportionment on the 
                        Council for the active participants in 
                        any such fishery.
                  (C) The Secretary shall appoint the members 
                of each Council from a list of individuals 
                submitted by the Governor of each applicable 
                constituent State. A Governor may not submit 
                the names of individuals to the Secretary for 
                appointment unless the Governor has determined 
                that each such individual is qualified under 
                the requirements of subparagraph (A) and unless 
                the Governor has, to the extent practicable, 
                first consulted with representatives of the 
                commercial and recreational fishing interests 
                of the State regarding those individuals. Each 
                such list shall include the names and pertinent 
                biographical data of not less than three 
                individuals for each applicable vacancy and 
                shall be accompanied by a statement by the 
                Governor explaining how each such individual 
                meets the requirements of subparagraph (A). The 
                Secretary shall review each list submitted by a 
                Governor to ascertain if the individuals on the 
                list are qualified for the vacancy on the basis 
                of such requirements. If the Secretary 
                determines that any individual is not 
                qualified, the Secretary shall notify the 
                appropriate Governor of that determination. The 
                Governor shall then submit a revised list or 
                resubmit the original list with an additional 
                explanation of the qualifications of the 
                individual in question. An individual is not 
                eligible for appointment by the Secretary until 
                that individual complies with the applicable 
                financial disclosure requirements under 
                subsection (k).
                  (D)(i) The Governor of a State submitting a 
                list of names of individuals for appointment by 
                the Secretary of Commerce to the Gulf of Mexico 
                [Fisheries] Fishery Management Council or the 
                South Atlantic Fishery Management Council under 
                subparagraph (C) shall include--
                                  (I) at least 1 nominee each 
                                from the commercial, 
                                recreational, and charter 
                                fishing sectors; and
                                  (II) at least 1 other 
                                individual who is knowledgeable 
                                regarding the conservation and 
                                management of fisheries 
                                resources in the jurisdiction 
                                of the Council.
                          (ii) Notwithstanding the requirements 
                        of subparagraph (C), if the Secretary 
                        determines that the list of names 
                        submitted by the Governor does not meet 
                        the requirements of clause (i) the 
                        Secretary shall--
                                  (I) publish a notice in the 
                                Federal Register asking the 
                                residents of that State to 
                                submit the names and pertinent 
                                biographical data of 
                                individuals who would meet the 
                                requirement not met for 
                                appointment to the Council; and
                                  (II) add the name of any 
                                qualified individual submitted 
                                by the public who meets the 
                                unmet requirement to the list 
                                of names submitted by the 
                                Governor.
                          (iii) For purposes of clause (i) an 
                        individual who owns or operates a fish 
                        farm outside of the United States shall 
                        not be considered to be a 
                        representative of the commercial or 
                        recreational fishing sector.
                          [(iv) The requirements of this 
                        subparagraph shall expire at the end of 
                        fiscal year 2012.]
                  (E) Whenever the Secretary makes an 
                appointment to a Council, the Secretary shall 
                make a public announcement of such appointment 
                not less than 45 days before the first day on 
                which the individual is to take office as a 
                member of the Council.
          (3) Each voting member appointed to a Council by the 
        Secretary in accordance with paragraphs (2) and (5) 
        shall serve for a term of 3 years; except that the 
        Secretary may designate a shorter term if necessary to 
        provide for balanced expiration to terms of office. No 
        member appointed after January 1, 1986, may serve more 
        than three consecutive terms. Any term in which an 
        individual was appointed to replace a member who left 
        office during the term shall not be counted in 
        determining the number of consecutive terms served by 
        that Council member.
          (4) Successors to the voting members of any Council 
        shall be appointed in the same manner as the original 
        voting members. Any individual appointed to fill a 
        vacancy occurring prior to the expiration of any term 
        of office shall be appointed for the remainder of that 
        term.
          (5)(A) The Secretary shall appoint to the Pacific 
        Council one representative of an Indian tribe with 
        Federally recognized fishing rights from California, 
        Oregon, Washington, or Idaho from a list of not less 
        than 3 individuals submitted by the tribal governments. 
        The Secretary, in consultation with the Secretary of 
        the Interior and tribal governments, shall establish by 
        regulation the procedure for submitting a list under 
        this subparagraph.
                  (B) Representation shall be rotated among the 
                tribes taking into consideration--
                          (i) the qualifications of the 
                        individuals on the list referred to in 
                        subparagraph (A),
                          (ii) the various rights of the Indian 
                        tribes involved and judicial cases that 
                        set forth how those rights are to be 
                        exercised, and
                          (iii) the geographic area in which 
                        the tribe of the representative is 
                        located.
                  (C) A vacancy occurring prior to the 
                expiration of any term shall be filled in the 
                same manner as set out in subparagraphs (A) and 
                (B), except that the Secretary may use the list 
                from which the vacating representative was 
                chosen.
                  (D) The tribal representative appointed under 
                subparagraph (A) may designate as an alternate, 
                during the period of the representative's term, 
                an individual knowledgeable concerning tribal 
                rights, tribal law, and the fishery resources 
                of the geographical area concerned.
          (6) The Secretary may remove for cause any member of 
        a Council required to be appointed by the Secretary in 
        accordance with paragraph (2) or (5) if--
                  (A) the Council concerned first recommends 
                removal by not less than two-thirds of the 
                members who are voting members and submits such 
                removal recommendation to the Secretary in 
                writing together with a statement of the basis 
                for the recommendation; or
                  (B) the member is found by the Secretary, 
                after notice and an opportunity for a hearing 
                in accordance with section 554 of title 5, 
                United States Code, to have committed an act 
                prohibited by section 307(1)(O).

           *       *       *       *       *       *       *

  (g) Committees and Advisory Panels.--
          (1)(A) Each Council shall establish, maintain, and 
        appoint the members of a scientific and statistical 
        committee to assist it in the development, collection, 
        evaluation, and peer review of such statistical, 
        biological, economic, social, and other scientific 
        information as is relevant to such Council's 
        development and amendment of any fishery management 
        plan.
                  [(B) Each scientific and statistical 
                committee shall provide its Council ongoing 
                scientific advice for fishery management 
                decisions, including recommendations for 
                acceptable biological catch, preventing 
                overfishing, maximum sustainable yield, and 
                achieving rebuilding targets, and reports on 
                stock status and health, bycatch, habitat 
                status, social and economic impacts of 
                management measures, and sustainability of 
                fishing practices.]
          (B) Each scientific and statistical committee shall--
                  (i) provide its Council ongoing scientific 
                advice for fishery management decisions, 
                including recommendations for acceptable 
                biological catch, preventing overfishing, 
                maximum sustainable yield, achieving rebuilding 
                targets, and reports on stock status and 
                health, bycatch, habitat status, social and 
                economic impacts of management measures, and 
                sustainability of fishing practices; and
                  (ii) carry out the requirements of this 
                subparagraph in a transparent manner, allowing 
                for public involvement in the process.
                  (C) Members appointed by the Councils to the 
                scientific and statistical committees shall be 
                Federal employees, State employees, 
                academicians, or independent experts and shall 
                have strong scientific or technical credentials 
                and experience.
                  (D) Each member of a scientific and 
                statistical committee shall be treated as an 
                affected individual for purposes of paragraphs 
                (2), (3)(B), (4), and (5)(A) of subsection (j). 
                The Secretary shall keep disclosures made 
                pursuant to this subparagraph on file.
                  (E) The Secretary and each Council may 
                establish a peer review process for that 
                Council for scientific information used to 
                advise the Council about the conservation and 
                management of the fishery. The review process, 
                which may include existing committees or 
                panels, is deemed to satisfy the requirements 
                of the guidelines issued pursuant to section 
                515 of the Treasury and General Government 
                Appropriations Act for Fiscal year 2001 (Public 
                Law 106-554--Appendix C; 114 Stat. 2763A-153).
                  (F) In addition to the provisions of section 
                302(f)(7), the Secretary shall, subject to the 
                availability of appropriations, pay a stipend 
                to members of the scientific and statistical 
                committees or advisory panels who are not 
                employed by the Federal Government or a State 
                marine fisheries agency.
                  (G) A science and statistical committee shall 
                hold its meetings in conjunction with the 
                meeting of the Council, to the extent 
                practicable.
          (2) Each Council shall establish such advisory panels 
        as are necessary or appropriate to assist it in 
        carrying out its functions under this Act.
          (3)(A) Each Council shall establish and maintain a 
        fishing industry advisory committee which shall provide 
        information and recommendations on, and assist in the 
        development of, fishery management plans and amendments 
        to such plans.
                  (B) Appointments to a committee established 
                under subparagraph (A) shall be made by each 
                Council in such a manner as to provide fair 
                representation to commercial fishing interests 
                in the geographical area of authority of the 
                Council.
          (4) The Secretary shall establish advisory panels to 
        assist in the collection and evaluation of information 
        relevant to the development of any fishery management 
        plan or plan amendment for a fishery to which 
        subsection (a)(3) applies. Each advisory panel shall 
        participate in all aspects of the development of the 
        plan or amendment; be balanced in its representation of 
        commercial, recreational, and other interests; and 
        consist of not less than 7 individuals who are 
        knowledgeable about the fishery for which the plan or 
        amendment is developed, selected from among--
                  (A) members of advisory committees and 
                species working groups appointed under Acts 
                implementing relevant international fishery 
                agreements pertaining to highly migratory 
                species; and
                  (B) other interested persons.
          (5) Decisions and recommendations made by committees 
        and panels established under this subsection shall be 
        considered to be advisory in nature.
  (h) Functions.--Each Council shall, in accordance with the 
provisions of this Act--
          (1) for each fishery under its authority that 
        requires conservation and management, prepare and 
        submit to the Secretary (A) a fishery management plan, 
        and (B) amendments to each such plan that are necessary 
        from time to time (and promptly whenever changes in 
        conservation and management measures in another fishery 
        substantially affect the fishery for which such plan 
        was developed);
          (2) prepare comments on any application for foreign 
        fishing transmitted to it under section 204(b)(4)(C) or 
        section 204(d), and any fishery management plan or 
        amendment transmitted to it under section 304(c)(4);
          (3) conduct public hearings, at appropriate times and 
        in appropriate locations in the geographical area 
        concerned, so as to allow all interested persons an 
        opportunity to be heard in the development of fishery 
        management plans and amendments to such plans, and with 
        respect to the administration and implementation of the 
        provisions of this Act (and for purposes of this 
        paragraph, the term ``geographical area concerned'' may 
        include an area under the authority of another Council 
        if the fish in the fishery concerned migrate into, or 
        occur in, that area or if the matters being heard 
        affect fishermen of that area; but not unless such 
        other Council is first consulted regarding the conduct 
        of such hearings within its area);
          (4) submit to the Secretary such periodic reports as 
        the Council deems appropriate, and any other relevant 
        report which may be requested by the Secretary;
          (5) review on a continuing basis, and revise as 
        appropriate, the assessments and specifications made 
        pursuant to section 303(a)(3) and (4) with respect to 
        the optimum yield from, the capacity and extent to 
        which United States fish processors will process United 
        States harvested fish from, and the total allowable 
        level of foreign fishing in, each fishery (except as 
        provided in subsection (a)(3)) within its geographical 
        area of authority;
          (6) develop annual catch limits for each of its 
        managed fisheries that may not exceed the fishing level 
        recommendations of its scientific and statistical 
        committee or the peer review process established under 
        subsection (g);
          (7) develop, in conjunction with the scientific and 
        statistical committee, multi-year research priorities 
        for fisheries, fisheries interactions, habitats, and 
        other areas of research that are necessary for 
        management purposes, that shall--
                  (A) establish priorities for 5-year periods;
                  (B) be updated as necessary; and
                  (C) be submitted to the Secretary and the 
                regional science centers of the National Marine 
                Fisheries Service for their consideration in 
                developing research priorities and budgets for 
                the region of the Council; [and]
          (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, and 
        harvest control rules, to the extent they are in 
        accordance with the requirements of this Act; and
          [(8)](9) conduct any other activities which are 
        required by, or provided for in, this Act or which are 
        necessary and appropriate to the foregoing functions.
  (i) Procedural Matters.--
          (1) The Federal Advisory Committee Act (5 U.S.C. App. 
        1) shall not apply to the Councils, the Council 
        coordination committee established under subsection 
        (l), or to the scientific and statistical committees or 
        other committees or advisory panels established under 
        subsection (g).
          (2) The following guidelines apply with respect to 
        the conduct of business at meetings of a Council, of 
        the Council coordination committee established under 
        subsection (l), and of the scientific and statistical 
        committees or other committees or advisory panels 
        established under subsection (g):
                  (A) Unless closed in accordance with 
                paragraph (3), each regular meeting and each 
                emergency meeting shall be open to the public.
                  (B) Emergency meetings shall be held at the 
                call of the chairman or equivalent presiding 
                officer.
                  (C) Timely public notice of each regular 
                meeting and each emergency meeting, including 
                the time, place, and agenda of the meeting, 
                shall be provided by any means that will result 
                in wide publicity in the major fishing ports of 
                the region (and in other major fishing ports 
                having a direct interest in the affected 
                fishery), except that e-mail notification and 
                website postings alone are not sufficient. 
                Timely notice of each regular meeting shall 
                also be published in the Federal Register. The 
                published agenda of the meeting may not be 
                modified to include additional matters for 
                Council action without public notice or within 
                14 days prior to the meeting date, unless such 
                modification is to address an emergency action 
                under section 305(c), in which case public 
                notice shall be given immediately.
                  (D) Interested persons shall be permitted to 
                present oral or written statements regarding 
                the matters on the agenda at meetings. All 
                written information submitted to a Council by 
                an interested person shall include a statement 
                of the source and date of such information. Any 
                oral or written statement shall include a brief 
                description of the background and interests of 
                the person in the subject of the oral or 
                written statement.
                  (E) Detailed minutes of each meeting of the 
                Council, except for any closed session, shall 
                be kept and shall contain a record of the 
                persons present, a complete and accurate 
                description of matters discussed and 
                conclusions reached, and copies of all 
                statements filed. The Chairman shall certify 
                the accuracy of the minutes of each such 
                meeting and submit a copy thereof to the 
                Secretary. The minutes shall be made available 
                to any court of competent jurisdiction.
                  (F) Subject to the procedures established 
                under paragraph (4), and the guidelines 
                prescribed by the Secretary under section 
                402(b), relating to confidentiality, the 
                administrative record, including minutes 
                required under subparagraph (E), of each 
                meeting, and records or other documents which 
                were made available to or prepared for or by 
                the Council, committee, or panel incident to 
                the meeting, shall be available for public 
                inspection and copying at a single location in 
                the offices of the Council or the Secretary, as 
                appropriate.
          (G) Unless closed in accordance with paragraph (3), 
        each Council shall, where practicable, make available 
        on the Internet website of the Council a video or audio 
        webcast of each meeting of the Council and each meeting 
        of the scientific and statistical committee of the 
        Council not later than 30 days after the date of the 
        conclusion of such meeting.
          (3)(A) Each Council, the Council Coordination 
        Committee established under subsection (l), scientific 
        and statistical committee, other committees, and 
        advisory panel--
                          (i) shall close any meeting, or 
                        portion thereof, that concerns matters 
                        or information that bears a national 
                        security classification; and
                          (ii) may close any meeting, or 
                        portion thereof, that concerns matters 
                        or information that pertains to 
                        national security, employment matters, 
                        or briefings on litigation in which the 
                        Council is interested.
          (1) Subparagraphs (D) and (F) of paragraph (2) shall 
        not apply to any meeting or portion thereof that is so 
        closed.
                  (B) If any meeting or portion is closed, the 
                Council concerned shall provide notice by any 
                means that will result in wide publicity in the 
                major fishing ports of the region (and in other 
                major fishing ports having a direct interest in 
                the affected fishery), except that e-mail 
                notification and website postings alone are not 
                sufficient, including in that notification the 
                time and place of the meeting. This subpararaph 
                does not require notification regarding any 
                brief closure of a portion of a meeting in 
                order to discuss employment or other internal 
                administrative matters.
          (4) Each Council shall establish appropriate 
        procedures applicable to it and to its committee and 
        advisory panels for ensuring the confidentiality of the 
        statistics that may be submitted to it by Federal or 
        State authorities, and may be voluntarily submitted to 
        it by private persons; including, but not limited to, 
        procedures for the restriction of Council employee 
        access and the prevention of conflicts of interest; 
        except that such procedures, in the case of statistics 
        submitted to the Council by a State or by the Secretary 
        under section 402(b), must be consistent with the laws 
        and regulations of that State, or with the procedures 
        of the Secretary, as the case may be, concerning the 
        confidentiality of the statistics.
          (5) Each Council shall specify those procedures that 
        are necessary or appropriate to ensure that the 
        committees and advisory panels established under 
        subsection (g) are involved, on a continuing basis, in 
        the development and amendment of fishery management 
        plans.
          (6) At any time when a Council determines it 
        appropriate to consider new information from a State or 
        Federal agency or from a Council advisory body, the 
        Council shall give comparable consideration to new 
        information offered at that time by interested members 
        of the public. Interested parties shall have a 
        reasonable opportunity to respond to new data or 
        information before the Council takes final action on 
        conservation and management measures.

           *       *       *       *       *       *       *

SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS.

[16 U.S.C. 1853]

           *       *       *       *       *       *       *

  (c) Proposed Regulations.--Proposed regulations which the 
Council deems necessary or appropriate for the purposes of--
          (1) implementing a fishery management plan or plan 
        amendment shall be submitted to the Secretary 
        simultaneously with the plan or amendment under section 
        304; and
          (2) making modifications to regulations implementing 
        a fishery management plan or plan amendment may be 
        submitted to the Secretary at any time after the plan 
        or amendment is approved under section 304.
  (d) Limitations.--
          (1) In general.--The requirements under subsection 
        (a)(15) shall not--
                  (A) apply to a species in a fishery that has 
                a mean life cycle of 12 months or less, or to a 
                species in a fishery with respect to which all 
                spawning and recruitment occurs beyond State 
                waters and the exclusive economic zone, unless 
                the Secretary has determined the fishery is 
                subject to overfishing of that species; and
                  (B) limit or otherwise affect the 
                requirements of section 301(a)(1) or 304(e) of 
                this Act.
          (2) Construction.--Nothing in this subsection shall 
        be construed to affect any effective date regarding the 
        requirements under subsection (a)(15) otherwise 
        provided for under an international agreement in which 
        the United States participates.

SEC. 311. ENFORCEMENT.

[16 U.S.C. 1861]

           *       *       *       *       *       *       *

  (e) Payment of Storage, Care, and Other Costs.--
          (1) Notwithstanding any other provision of law, the 
        Secretary or the Secretary of the Treasury may pay from 
        sums received as fines, penalties, and forfeitures of 
        property for violations of any provisions of this Act 
        or of any other fishery resource law enforced by the 
        Secretary, including the Lacey Act Amendments of 1981 
        (16 U.S.C. 3371 et seq.)--
                  (A) the reasonable and necessary costs 
                incurred in providing temporary storage, care, 
                and maintenance of seized fish or other 
                property pending disposition of any civil or 
                criminal proceeding alleging a violation of any 
                provision of this Act or any other marine 
                resource law enforced by the Secretary with 
                respect to that fish or other property;
                  (B) a reward of not less than 20 percent of 
                the penalty collected or $20,000, whichever is 
                the lesser amount, to any person who furnishes 
                information which leads to an arrest, 
                conviction, civil penalty assessment, or 
                forfeiture of property for any violation of any 
                provision of this Act or any other marine 
                resource law enforced by the Secretary;
                  (C) any expenses directly related to 
                investigations and civil or criminal 
                enforcement proceedings, including any 
                necessary expenses for equipment, training, 
                travel, witnesses, and contracting services 
                directly related to such investigations or 
                proceedings;
                  (D) any valid liens or mortgages against any 
                property that has been forfeited;
                  (E) claims of parties in interest to property 
                disposed of under section 612(b) of the Tariff 
                Act of 1930 (19 U.S.C. 1612(b)), as made 
                applicable by section 310(c) of this Act or by 
                any other marine resource law enforced by the 
                Secretary, to seizures made by the Secretary, 
                in amounts determined by the Secretary to be 
                applicable to such claims at the time of 
                seizure[; and];
                  (F) reimbursement to any Federal or State 
                agency, including the Coast Guard, for services 
                performed, or personnel, equipment, or 
                facilities utilized, under any agreement with 
                the Secretary entered into pursuant to 
                subsection (a), or any similar agreement 
                authorized by law[.]; and
          (G) the costs of stock assessments, surveys, and data 
        collection in fisheries managed under this Act.
          (2) Any person found in an administrative or judicial 
        proceeding to have violated this Act or any other 
        marine resource law enforced by the Secretary shall be 
        liable for the cost incurred in the sale, storage, 
        care, and maintenance of any fish or other property 
        lawfully seized in connection with the violation.

           *       *       *       *       *       *       *

SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

                           [16 U.S.C. 1861a]

  (a) Fisheries Disaster Relief.--
          (1) At the discretion of the Secretary or at the 
        request of the Governor of an affected State or a 
        fishing community, the Secretary shall determine 
        whether there is a commercial fishery failure due to a 
        fishery resource disaster as a result of--
                  (A) natural causes;
                  (B) man-made causes beyond the control of 
                fishery managers to mitigate through 
                conservation and management measures, including 
                regulatory restrictions (including those 
                imposed as a result of judicial action) imposed 
                to protect human health or the marine 
                environment; or
                  (C) undetermined causes.
          (2) The Secretary shall make a decision regarding a 
        request under paragraph (1) not later than 90 days 
        after the date the Secretary receives a complete 
        estimate of the economic impact of the fishery resource 
        disaster from the affected State, tribal government, or 
        fishing community.
          [(2)](3) Upon the determination under paragraph (1) 
        that there is a commercial fishery failure, the 
        Secretary is authorized to make sums available to be 
        used by the affected State, fishing community, or by 
        the Secretary in cooperation with the affected State or 
        fishing community for assessing the economic and social 
        effects of the commercial fishery failure, or any 
        activity that the Secretary determines is appropriate 
        to restore the fishery or prevent a similar failure in 
        the future and to assist a fishing community affected 
        by such failure. Before making funds available for an 
        activity authorized under this section, the Secretary 
        shall make a determination that such activity will not 
        expand the size or scope of the commercial fishery 
        failure in that fishery or into other fisheries or 
        other geographic regions.
          [(3)](4) The Federal share of the cost of any 
        activity carried out under the authority of this 
        subsection shall not exceed 75 percent of the cost of 
        that activity.
          [(4)](5) There are authorized to be appropriated to 
        the Secretary such sums as are necessary for each of 
        the fiscal years 2007 through 2013.

           *       *       *       *       *       *       *

SEC. 313A. GULF OF MEXICO FISHERIES CONSERVATION AND MANAGEMENT.

  At least once every 5 years, the Gulf of Mexico Fishery 
Management Council shall review, in accordance with the 
provisions of this Act, any allocation of fishing privileges 
among the commercial, recreational, and charter components of a 
fishery managed under a fishery management plan prepared by the 
Council, except that the Council may delay action for not more 
than 3 additional 1 year periods if necessary.

SEC. 313B. SOUTH ATLANTIC FISHERIES CONSERVATION AND MANAGEMENT.

  At least once every 5 years, the South Atlantic Fishery 
Management Council shall review, in accordance with the 
provisions of this Act, any allocation of fishing privileges 
among the commercial, recreational, and charter components of a 
fishery managed under a fishery management plan prepared by the 
Council, except that the Council may delay action for not more 
than 3 additional 1 year periods if necessary.

SEC. 404. FISHERIES RESEARCH.

                           [16 U.S.C. 1881c]

  (a) In General.--The Secretary shall initiate and maintain, 
in cooperation with the Councils, a comprehensive program of 
fishery research to carry out and further the purposes, policy, 
and provisions of this Act. Such program shall be designed to 
acquire knowledge and information, including statistics, on 
fishery conservation and management and on the economics and 
social characteristics of the fisheries.
  (b) Strategic Plan.--Within one year after the date of 
enactment of the Sustainable Fisheries Act and at least every 3 
years thereafter, the Secretary shall develop and publish in 
the Federal Register a strategic plan for fisheries research 
for the 5 years immediately following such publication. The 
plan shall--
          (1) identify and describe a comprehensive program 
        with a limited number of priority objectives for 
        research in each of the areas specified in subsection 
        (c);
          (2) indicate goals and timetables for the program 
        described in paragraph (1);
          (3) provide a role for commercial fishermen in such 
        research, including involvement in field testing;
          (4) provide for collection and dissemination, in a 
        timely manner, of complete and accurate information 
        concerning fishing activities, catch, effort, stock 
        assessments, and other research conducted under this 
        section; and
          (5) be developed in cooperation with the Councils and 
        affected States, and provide for coordination with the 
        Councils, affected States, and other research entities.
  (c) Areas of research.--Areas of research are as follows:
          (1) Research to support fishery conservation and 
        management, including but not limited to, biological 
        research concerning the abundance and life history 
        parameters of stocks of fish, the interdependence of 
        fisheries or stocks of fish, the identification of 
        essential fish habitat, the impact of pollution on fish 
        populations, the impact of wetland and estuarine 
        degradation, and other factors affecting the abundance 
        and availability of fish.
          (2) Conservation engineering research, including the 
        study of fish behavior and the development and testing 
        of new gear technology and fishing techniques to 
        minimize bycatch and any adverse effects on essential 
        fish habitat and promote efficient harvest of target 
        species.
          (3) Research on the fisheries, including the social, 
        cultural, and economic relationships among fishing 
        vessel owners, crew, United States fish processors, 
        associated shoreside labor, seafood markets and fishing 
        communities.
          (4) Information management research, including the 
        development of a fishery information base and an 
        information management system that will permit the full 
        use of information in the support of effective fishery 
        conservation and management.
  (d) Public notice.--In developing the plan required under 
subsection (a), the Secretary shall consult with relevant 
Federal, State, and international agencies, scientific and 
technical experts, and other interested persons, public and 
private, and shall publish a proposed plan in the Federal 
Register for the purpose of receiving public comment on the 
plan. The Secretary shall ensure that affected commercial 
fishermen are actively involved in the development of the 
portion of the plan pertaining to conservation engineering 
research. Upon final publication in the Federal Register, the 
plan shall be submitted by the Secretary to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives.
  (e) Stock Assessment Plan.--
          (1) In general.--The Secretary, in consultation with 
        the Councils, shall develop and publish in the Federal 
        Register, on the same schedule as required for the 
        strategic plan required under subsection (b), a plan to 
        conduct stock assessments for all stocks of fish for 
        which a fishery management plan is in effect under this 
        Act.
          (2) Contents.--The plan shall--
                  (A) for each stock of fish for which a stock 
                assessment has previously been conducted--
                          (i) establish a schedule for updating 
                        the stock assessment that is reasonable 
                        given the biology and characteristics 
                        of the stock; and
                          (ii) subject to the availability of 
                        appropriations, require completion of a 
                        new stock assessment, or an update of 
                        the most recent stock assessment--
                                  (I) at least once every 5 
                                years, except a Council may 
                                delay action for not more than 
                                3 additional 1-year periods; or
                                  (II) within such other time 
                                period specified and justified 
                                by the Secretary in the plan;
                  (B) for each economically important stock of 
                fish for which a stock assessment has not 
                previously been conducted--
                          (i) establish a schedule for 
                        conducting an initial stock assessment 
                        that is reasonable given the biology 
                        and characteristics of the stock; and
                          (ii) subject to the availability of 
                        appropriations, require completion of 
                        the initial stock assessment not later 
                        than 3 years after the date that the 
                        plan is published in the Federal 
                        Register unless another time period is 
                        specified and justified by the 
                        Secretary in the plan; and
                  (C) identify data and analysis, especially 
                concerning recreational fishing, that, if 
                available, would reduce uncertainty in and 
                improve the accuracy of future stock 
                assessments, including whether that data and 
                analysis could be provided by nongovernmental 
                sources, including fishermen, fishing 
                communities, universities, and research 
                institutions.
          (3) Waiver of stock assessment requirement.--
        Notwithstanding subparagraphs (A)(ii) and (B)(ii) of 
        paragraph (2), a stock assessment shall not be required 
        for a stock of fish in the plan if the Secretary 
        determines that such a stock assessment is not 
        necessary and justifies the determination in the 
        Federal Register notice required by this subsection.
  (f) Improving Data Collection and Analysis.--
          (1) In general.--The Secretary, in consultation with 
        the scientific and statistical committees of the 
        Councils established under section 302(g), shall 
        develop and submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Natural Resources of the House of 
        Representatives a report on facilitating greater 
        incorporation of data, analysis, stock assessments, and 
        surveys from nongovernmental sources, including 
        fishermen, fishing communities, universities, and 
        research institutions, into fisheries management 
        decisions.
          (2) Content.--The report under paragraph (1) shall--
                  (A) identify types of data and analysis, 
                especially concerning recreational fishing, 
                that can be reliably used for purposes of this 
                Act and the basis for establishing conservation 
                and management measures as required by section 
                303(a)(1), including setting standards for the 
                collection and use of that data and analysis in 
                stock assessments and surveys and for other 
                purposes;
                  (B) provide specific recommendations for 
                collecting data and performing analyses 
                identified as necessary to reduce the 
                uncertainty referred to in section 
                404(e)(2)(C);
                  (C) consider the extent to which it is 
                possible to establish a registry of persons 
                providing such information; and
                  (D) consider the extent to which the 
                acceptance and use of data and analysis 
                identified in the report in fishery management 
                decisions is practicable.

SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.

                            [16 U.S.C. 1883]

  (a) Independent Peer Review.--
          (1) Within 30 days of the date of enactment of the 
        Sustainable Fisheries Act, the Secretary shall initiate 
        an independent peer review to evaluate--
                  (A) the accuracy and adequacy of fishery 
                statistics used by the Secretary for the red 
                snapper fishery in the Gulf of Mexico to 
                account for all commercial, recreational, and 
                charter fishing harvests and fishing effort on 
                the stock;
                  (B) the appropriateness of the scientific 
                methods, information, and models used by the 
                Secretary to assess the status and trends of 
                the Gulf of Mexico red snapper stock and as the 
                basis for the fishery management plan for the 
                Gulf of Mexico red snapper fishery;
                  (C) the appropriateness and adequacy of the 
                management measures in the fishery management 
                plan for red snapper in the Gulf of Mexico for 
                conserving and managing the red snapper fishery 
                under this Act; and
                  (D) the costs and benefits of all reasonable 
                alternatives to a limited access privilege 
                program for the red snapper fishery in the Gulf 
                of Mexico.
          (2) The Secretary shall ensure that commercial, 
        recreational, and charter fishermen in the red snapper 
        fishery in the Gulf of Mexico are provided an 
        opportunity to--
                  (A) participate in the peer review under this 
                subsection; and
                  (B) provide information to the Secretary 
                concerning the review of fishery statistics 
                under this subsection without being subject to 
                penalty under this Act or other applicable law 
                for any past violation of a requirement to 
                report such information to the Secretary.
          (3) The Secretary shall submit a detailed written 
        report on the findings of the peer review conducted 
        under this subsection to the Gulf Council no later than 
        one year after the date of enactment of the Sustainable 
        Fisheries Act.
  (b) Prohibition.--In addition to the restrictions under 
section 303(d)(1)(A), the Gulf Council may not, prior to 
October 1, 2002, undertake or continue the preparation of any 
fishery management plan, plan amendment or regulation under 
this Act for the Gulf of Mexico commercial red snapper fishery 
that creates an individual fishing quota program or that 
authorizes the consolidation of licenses, permits, or 
endorsements that result in different trip limits for vessels 
in the same class.
  (c) Referendum.--
          (1) On or after October 1, 2002, the Gulf Council may 
        prepare and submit a fishery management plan, plan 
        amendment, or regulation for the Gulf of Mexico 
        commercial red snapper fishery that creates a limited 
        access privilege program or that authorizes the 
        consolidation of licenses, permits, or endorsements 
        that result in different trip limits for vessels in the 
        same class, only if the preparation of such plan, 
        amendment, or regulation is approved in a referendum 
        conducted under paragraph (2) and only if the 
        submission to the Secretary of such plan, amendment, or 
        regulation is approved in a subsequent referendum 
        conducted under paragraph (2).
          (2) The Secretary, at the request of the Gulf 
        Council, shall conduct referendums under this 
        subsection. Only a person who held an annual vessel 
        permit with a red snapper endorsement for such permit 
        on September 1, 1996 (or any person to whom such permit 
        with such endorsement was transferred after such date) 
        and vessel captains who harvested red snapper in a 
        commercial fishery using such endorsement in each red 
        snapper fishing season occurring between January 1, 
        1993, and such date may vote in a referendum under this 
        subsection. The referendum shall be decided by a 
        majority of the votes cast. The Secretary shall develop 
        a formula to weigh votes based on the proportional 
        harvest under each such permit and endorsement and by 
        each such captain in the fishery between January 1, 
        1993, and September 1, 1996. Prior to each referendum, 
        the Secretary, in consultation with the Council, 
        shall--
                  (A) identify and notify all such persons 
                holding permits with red snapper endorsements 
                and all such vessel captains; and
                  (B) make available to all such persons and 
                vessel captains information about the schedule, 
                procedures, and eligibility requirements for 
                the referendum and the proposed individual 
                fishing quota program.
  [(d) Catch Limits.--Any fishery management plan, plan 
amendment, or regulation submitted by the Gulf Council for the 
red snapper fishery after the date of enactment of the 
Sustainable Fisheries Act shall contain conservation and 
management measures that--
          [(1) establish separate quotas for recreational 
        fishing (which, for the purposes of this subsection 
        shall include charter fishing) and commercial fishing 
        that, when reached, result in a prohibition on the 
        retention of fish caught during recreational fishing 
        and commercial fishing, respectively, for the remainder 
        of the fishing year; and
          [(2) ensure that such quotas reflect allocations 
        among such sectors and do not reflect any harvests in 
        excess of such allocations.]

  AN ACT TO AUTHORIZE THE FEDERAL SURPLUS COMMODITIES CORPORATION TO 
   PURCHASE AND DISTRIBUTE SURPLUS PRODUCTS OF THE FISHING INDUSTRY, 
                       APPROVED AUGUST 11, 1939.

                      [53 Stat. 1411, chapter 696]

SEC. 2. PROMOTION OF THE FREE FLOW OF DOMESTICALLY PRODUCED FISHERY 
                    PRODUCTS.

[15 U.S.C. 713c-3]

           *       *       *       *       *       *       *

  (b) Transfer of Funds.--
          (1) The Secretary of Agriculture shall transfer to 
        the Secretary each fiscal year, [beginning with the 
        fiscal year commencing July 1, 1954, and ending on June 
        30, 1957,] from [moneys] monies made available to carry 
        out the provisions of section 32 of such Act of August 
        24, 1935, an amount equal to 30 per centum of the gross 
        receipts from duties collected under the customs laws 
        on fishery products (including fish, shellfish, 
        mollusks, crustacea, aquatic plants and animals, and 
        any products thereof, including processed and 
        manufactured products), which [shall be maintained in a 
        separate fund only for--
                  [(A) use by the Secretary--
                          [(i) to provide financial assistance 
                        for the purpose of carrying out 
                        fisheries research and development 
                        projects approved under subsection (c),
                          [(ii) to implement the national 
                        fisheries research and development 
                        program provided for under subsection 
                        (d);
                          [(iii) to implement the Northwest 
                        Atlantic Ocean Fisheries Reinvestment 
                        Program established under section 314 
                        of the Magnuson-Stevens Fishery 
                        Conservation and Management Act; and
                          [(iv) to fund the Federal share of a 
                        fishing capacity reduction program 
                        established under section 312 of the 
                        Magnuson-Stevens Fishery Conservation 
                        and Management Act; and
                  [(B) the provision of moneys, subject to 
                paragraph (2), to carry out the purposes of the 
                Fisheries Promotion Fund established under 
                section 208(a) of the Fish and Seafood 
                Promotion Act of 1986.] shall only be used for 
                the purposes described under subsection (c).
          [(2) There are transferred from the fund established 
        under paragraph (1) to the Fisheries Promotion Fund 
        referred to in paragraph (1)(B) $750,000 in fiscal year 
        1987, $3,000,000 in each of fiscal years 1988 and 1989, 
        and $2,000,000 in each of fiscal years 1990 and 1991.]
          (2) Limitations on bills transferring funds.--
                  (A) In general.--It shall not be in order in 
                the Senate or the House of Representatives to 
                consider any bill, resolution, amendment, or 
                conference report that reduces any amount in 
                the fund referred to in paragraph (1) in a 
                manner that is inconsistent with such 
                paragraph.
                  (B) Limitation on changes to this 
                paragraph.--It shall not be in order in the 
                Senate or the House of Representatives to 
                consider any bill, resolution, amendment, or 
                conference report that would repeal or 
                otherwise amend this paragraph.
                  (C) Waiver.--A provision of this paragraph 
                may be waived or suspended in the Senate only 
                by the affirmative vote of three-fifths of the 
                Members, duly chosen and sworn.
                  (D) Appeals.--An affirmative vote of three-
                fifths of the Members of the Senate, duly 
                chosen and sworn, shall be required to sustain 
                an appeal of the ruling of the Chair on the 
                point of order raised under this paragraph.
                  (E) Rules of the senate and the house of 
                representatives.--This paragraph is enacted by 
                Congress--
                          (i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and is 
                        deemed to be part of the rules of each 
                        house, respectively, but applicable 
                        only with respect to the procedure to 
                        be followed in the House in the case of 
                        a bill, resolution, amendment, or 
                        conference report under this paragraph, 
                        and it supersedes other rules only to 
                        the extent that it is inconsistent with 
                        such rules; and
                          (ii) with full recognition of the 
                        constitutional right of either House to 
                        change the rules (so far as they relate 
                        to the procedure of that House) at any 
                        time, in the same manner, and to the 
                        same extent as in the case of any other 
                        rule of that House.

           *       *       *       *       *       *       *

   TITLE 46. SHIPPING SUBTITLE V. MERCHANT MARINE PART C. FINANCIAL 
      ASSISTANCE PROGRAMS CHAPTER 535. CAPITAL CONSTRUCTION FUNDS

Sec. 53501. Definitions

  In this chapter:
          (1) Agreement fishery facility.--The term ``agreement 
        fishery facility'' means an eligible fishery facility 
        or a qualified fishery facility that is subject to an 
        agreement under this chapter.
          [(1)](2) Agreement vessel.--The term ``agreement 
        vessel'' means--
                  (A) an eligible vessel or a qualified vessel 
                that is subject to an agreement under this 
                chapter; and
                  (B) a barge or container that is part of the 
                complement of a vessel described in 
                subparagraph (A) if provided for in the 
                agreement.
          (3) Eligible fishery facility.--
                  (A) In general.--Subject to subparagraph (B), 
                the term ``eligible fishery facility'' means--
                          (i) for operations on land--
                                  (I) a structure or an 
                                appurtenance thereto designed 
                                for unloading and receiving 
                                from a vessel, processing, 
                                holding pending processing, 
                                distribution after processing, 
                                or holding pending 
                                distribution, of fish from a 
                                fishery;
                                  (II) the land necessary for 
                                the structure or appurtenance 
                                described in subclause (I); and
                                  (III) equipment that is for 
                                use with the structure or 
                                appurtenance that is necessary 
                                to perform a function described 
                                in subclause (I);
                          (ii) for operations not on land, a 
                        vessel built in the United States and 
                        used for, equipped to be used for, or 
                        of a type normally used for, processing 
                        fish; or
                          (iii) for aquaculture, including 
                        operations on land or elsewhere--
                                  (I) a structure or an 
                                appurtenance thereto designed 
                                for aquaculture;
                                  (II) the land necessary for 
                                the structure or appurtenance;
                                  (III) equipment that is for 
                                use with the structure or 
                                appurtenance and that is 
                                necessary to perform a function 
                                described in subclause (I); and
                                  (IV) a vessel built in the 
                                United States and used for, 
                                equipped to be used for, or of 
                                a type normally used for, 
                                aquaculture.
                  (B) Ownership requirement.--Under 
                subparagraph (A), the structure, appurtenance, 
                land, equipment, or vessel shall be owned by--
                          (i) an individual who is a citizen of 
                        the United States; or
                          (ii) an entity that is--
                                  (I) a citizen of the United 
                                States under section 50501 of 
                                this title; and
                                  (II) at least 75 percent 
                                owned by citizens of the United 
                                States, as determined under 
                                section 50501 of this title.
          [(2)](4) Eligible vessel.--The term ``eligible 
        vessel'' means--
                  (A) a vessel--
                          (i) constructed in the United States 
                        (and, if reconstructed, reconstructed 
                        in the United States), constructed 
                        outside the United States but 
                        documented under the laws of the United 
                        States on April 15, 1970, or 
                        constructed outside the United States 
                        for use in the United States foreign 
                        trade pursuant to a contract made 
                        before April 15, 1970;
                          (ii) documented under the laws of the 
                        United States; and
                          (iii) operated in the foreign or 
                        domestic trade of the United States or 
                        in the fisheries of the United States; 
                        and
                  (B) a commercial fishing vessel--
                          (i) constructed in the United States 
                        and, if reconstructed, reconstructed in 
                        the United States;
                          (ii) of at least 2 net tons but less 
                        than 5 net tons;
                          (iii) owned by a citizen of the 
                        United States;
                          (iv) having its home port in the 
                        United States; and
                          (v) operated in the commercial 
                        fisheries of the United States.
          [(3)](5) Joint regulations.--The term ``joint 
        regulations'' means regulations prescribed jointly by 
        the Secretary and the Secretary of the Treasury under 
        section 53502(b) of this title.
          [(4)](6) Noncontiguous trade.--The term 
        ``noncontiguous trade'' means--
                  (A) trade between--
                          (i) one of the contiguous 48 States; 
                        and
                          (ii) Alaska, Hawaii, Puerto Rico, or 
                        an insular territory or possession of 
                        the United States; and
                  (B) trade between--
                          (i) a place in Alaska, Hawaii, Puerto 
                        Rico, or an insular territory or 
                        possession of the United States; and
                          (ii) another place in Alaska, Hawaii, 
                        Puerto Rico, or an insular territory or 
                        possession of the United States.
          (7) Qualified fishery facility.--
                  (A) In general.--Subject to subparagraph (B), 
                the term ``qualified fishery facility'' means--
                          (i) for operations on land--
                                  (I) a structure or an 
                                appurtenance thereto designed 
                                for unloading and receiving 
                                from a vessel, processing, 
                                holding pending processing, 
                                distribution after processing, 
                                or holding pending 
                                distribution, of fish from a 
                                fishery;
                                  (II) the land necessary for 
                                the structure or appurtenance; 
                                and
                                  (III) equipment that is for 
                                use with the structure or 
                                appurtenance and necessary to 
                                perform a function described in 
                                subclause (I);
                          (ii) for operations not on land, a 
                        vessel built in the United States and 
                        used for, equipped to be used for, or 
                        of a type normally used for, processing 
                        fish; or
                          (iii) for aquaculture, including 
                        operations on land or elsewhere--
                                  (I) a structure or an 
                                appurtenance thereto designed 
                                for aquaculture;
                                  (II) the land necessary for 
                                the structure or appurtenance;
                                  (III) equipment that is for 
                                use with the structure or 
                                appurtenance and necessary for 
                                performing a function described 
                                in subclause (I); and
                                  (IV) a vessel built in the 
                                United States.
                  (B) Ownership requirement.--Under 
                subparagraph (A), the structure, appurtenance, 
                land, equipment, or vessel shall be owned by--
                          (i) an individual who is a citizen of 
                        the United States; or
                          (ii) an entity that is--
                                  (I) a citizen of the United 
                                States under section 50501 of 
                                this title; and
                                  (II) at least 75 percent 
                                owned by citizens of the United 
                                States, as determined under 
                                section 50501 of this title.
          [(5)](8) Qualified vessel.--The term ``qualified 
        vessel'' means--
                  (A) a vessel--
                          (i) constructed in the United States 
                        (and, if reconstructed, reconstructed 
                        in the United States), constructed 
                        outside the United States but 
                        documented under the laws of the United 
                        States on April 15, 1970, or 
                        constructed outside the United States 
                        for use in the United States foreign 
                        trade pursuant to a contract made 
                        before April 15, 1970;
                          (ii) documented under the laws of the 
                        United States; and
                          (iii) agreed, between the Secretary 
                        and the person maintaining the capital 
                        construction fund established under 
                        section 53503 of this title, to be 
                        operated in the United States foreign, 
                        Great Lakes, noncontiguous domestic, or 
                        short sea transportation [trade trade] 
                        trade or in the fisheries of the United 
                        States; and
                  (B) a commercial fishing vessel--
                          (i) constructed in the United States 
                        and, if reconstructed, reconstructed in 
                        the United States;
                          (ii) of at least 2 net tons but less 
                        than 5 net tons;
                          (iii) owned by a citizen of the 
                        United States;
                          (iv) having its home port in the 
                        United States; and
                          (v) operated in the commercial 
                        fisheries of the United States.
          [(6)](9) Secretary.--The term ``Secretary'' means--
                  [(A) the Secretary of Commerce with respect 
                to an eligible vessel or a qualified vessel 
                operated or to be operated in the fisheries of 
                the United States; and]
                  (A) the Secretary of Commerce with respect 
                to--
                          (i) an eligible vessel or a qualified 
                        vessel operated or to be operated in 
                        the fisheries of the United States; or
                          (ii) an eligible fishery facility or 
                        a qualified fishery facility; and
                  (B) the Secretary of Transportation with 
                respect to other vessels.
          [(7)](10) Short sea transportation trade.--The term 
        ``short sea transportation trade'' means the carriage 
        by vessel of cargo--
                  (A) that is--
                          (i) contained in intermodal cargo 
                        containers and loaded by crane on the 
                        vessel; or
                          (ii) loaded on the vessel by means of 
                        wheeled technology; and
                  (B) that is--
                          (i) loaded at a port in the United 
                        States and unloaded either at another 
                        port in the United States or at a port 
                        in Canada located in the Great Lakes 
                        Saint Lawrence Seaway System; or
                          (ii) loaded at a port in Canada 
                        located in the Great Lakes Saint 
                        Lawrence Seaway System and unloaded at 
                        a port in the United States.
          (7) United states foreign trade.-- (11) United states 
        foreign trade. The term ``United States foreign trade'' 
        includes those areas in domestic trade in which a 
        vessel built with a construction-differential subsidy 
        is allowed to operate under the first sentence of 
        section 506 of the Merchant Marine Act, 1936.
          [(8) Vessel.--] (12) Vessel._ The term ``vessel'' 
        includes--
                  (A) cargo handling equipment that the 
                Secretary determines is intended for use 
                primarily on the vessel; and
                  (B) an ocean-going towing vessel, an ocean-
                going barge, or a comparable towing vessel or 
                barge operated on the Great Lakes.

Sec. 53503. Establishing a capital construction fund

  (a) In General.--A citizen of the United States owning or 
leasing an eligible vessel or eligible fishery facility may 
make an agreement with the Secretary under this chapter to 
establish a capital construction fund for the vessel[.] or 
fishery facility.
  [(b) Allowable Purpose.--The purpose of the agreement shall 
be to provide replacement vessels, additional vessels, or 
reconstructed vessels, built in the United States and 
documented under the laws of the United States, for operation 
in the United States foreign, Great Lakes, noncontiguous 
domestic, or short sea transportation trade or in the fisheries 
of the United States.]
  (b) Allowable Purpose.--The purpose of the agreement shall 
be--
          (1) to provide replacement vessels, additional 
        vessels, or reconstructed vessels, built in the United 
        States and documented under the laws of the United 
        States, for operation in the United States foreign, 
        Great Lakes, noncontiguous domestic, or short sea 
        transportation trade or in the fisheries of the United 
        States; or
          (2) to provide for the acquisition, construction, or 
        reconstruction of a fishery facility owned by--
                  (A) an individual who is a citizen of the 
                United States; or
                  (B) an entity that is--
                          (i) a citizen of the United States 
                        under section 50501; and
                          (ii) at least 75 percent owned by 
                        citizens of the United States, as 
                        determined under section 50501.

Sec. 53504. Deposits and withdrawals

  (a) Required Deposits.--An agreement to establish a capital 
construction fund shall provide for the deposit in the fund of 
the amounts agreed to be appropriate to provide for qualified 
withdrawals under section 53509 of this title.
  (b) Applicable Requirements.--Deposits in and withdrawals 
from the fund are subject to the requirements included in the 
agreement or prescribed by the Secretary by regulation. 
However, the Secretary may not require a person to deposit in 
the fund for a taxable year more than 50 percent of that 
portion of the person's taxable income for that year (as 
determined under section 53505(a)(1) of this title) that is 
attributable to the operation of an agreement vessel[.] or an 
agreement fishery facility. 

Sec. 53505. Ceiling on deposits

  (a) Maximum Deposits.--The amount deposited in a capital 
construction fund for a taxable year may not exceed the sum 
of--
          (1) that portion of the taxable income of the owner 
        or lessee for the taxable year (computed under chapter 
        1 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 
        1) but without regard to the carryback of net operating 
        loss or net capital loss or this chapter) that is 
        attributable to the operation of agreement vessels or 
        agreement fishery facilities in the foreign or domestic 
        trade of the United States or in the fisheries of the 
        United States;
          (2) the amount allowable as a deduction under section 
        167 of such Code (26 U.S.C. 167) for the taxable year 
        for agreement vessels[;] or agreement fishery 
        facilities;
          (3) if the transaction is not taken into account for 
        purposes of paragraph (1), the net proceeds (as defined 
        in joint regulations) from the disposition of an 
        agreement vessel or agreement fishery facility or from 
        insurance or indemnity attributable to an agreement 
        vessel or agreement fishery facility; and
          (4) the receipts from the investment or reinvestment 
        of amounts held in the fund.
  (b) Reductions for Lessees.--For a lessee, the maximum amount 
that may be deposited for an agreement vessel or agreement 
fishery facility under subsection (a)(2) for any period shall 
be reduced by any amount the owner is required or permitted, 
under the capital construction fund agreement, to deposit for 
that period for the vessel or fishery facility under subsection 
(a)(2).

Sec. 53509. Qualified withdrawals

  (a) In General.--Subject to subsection (b), a withdrawal from 
a capital construction fund is a qualified withdrawal if it is 
made under the terms of the agreement and is for--
          (1) the acquisition, construction, or reconstruction 
        of a qualified vessel or a barge or container that is 
        part of the complement of a [qualified vessel; or] 
        qualified vessel, or the acquisition, construction, or 
        reconstruction of a qualified fishery facility; or
          (2) the payment of the principal on indebtedness 
        incurred in the acquisition, construction, or 
        reconstruction of a qualified vessel or a barge or 
        container that is part of the complement of a 
        [qualified vessel.] qualified vessel, or the 
        acquisition, construction, or reconstruction, of a 
        qualified fishery facility.
  (b) Barges and Containers.--Except as provided in regulations 
prescribed by the Secretary, subsection (a) applies to a barge 
or container only if it is constructed in the United States.
  (c) Treatment as Nonqualified Withdrawal.--Under joint 
regulations, if the Secretary determines that a substantial 
obligation under an agreement is not being fulfilled, the 
Secretary, after notice and opportunity for a hearing to the 
person maintaining the fund, may treat any amount in the fund 
as an amount withdrawn from the fund in a nonqualified 
withdrawal.

Sec. 53510. Tax treatment of qualified withdrawals and basis of 
                    property

  (a) Order of Withdrawals.--A qualified withdrawal from a 
capital construction fund shall be treated as made--
          (1) first from the capital account;
          (2) second from the capital gain account; and
          (3) third from the ordinary income account.
  (b) Ordinary Income Account Withdrawals.--If a portion of a 
qualified withdrawal for a vessel, barge, [or container] 
container, or fishery facility is made from the ordinary income 
account, the basis of the vessel, barge, [or container] 
container, or fishery facility shall be reduced by an amount 
equal to that portion.
  (c) Capital Gain Account Withdrawals.--If a portion of a 
qualified withdrawal for a vessel, barge, [or container] 
container, or fishery facility is made from the capital gain 
account, the basis of the vessel, barge, [or container] 
container,  or fishery facility shall be reduced by an amount 
equal to that portion.
  (d) Withdrawals to Pay Principal.--If a portion of a 
qualified withdrawal to pay the principal on indebtedness is 
made from the ordinary income account or the capital gain 
account, an amount equal to the total reduction that would be 
required by subsections (b) and (c) if the withdrawal were a 
qualified withdrawal for a purpose described in those 
subsections shall be applied, in the order provided in joint 
regulations, to reduce the basis of vessels, barges, [and 
containers] containers, and fishery facilities owned by the 
person maintaining the fund. The remaining amount of the 
withdrawal shall be treated as a nonqualified withdrawal.
  (e) Gain on Property With Reduced Basis.--If property, the 
basis of which was reduced under subsection (b), (c), or (d), 
is disposed of, any gain realized on the disposition, to the 
extent it does not exceed the total reduction in the basis of 
the property under those subsections, shall be treated as an 
amount referred to in section 53511(c)(1) of this title 
withdrawn on the date of disposition of the property. Subject 
to conditions prescribed in joint regulations, this subsection 
does not apply to a disposition if there is a redeposit, in an 
amount determined under joint regulations, that restores the 
fund as far as practicable to the position it was in before the 
withdrawal.

Sec. 53511. Tax treatment of nonqualified withdrawals

           *       *       *       *       *       *       *

  (e) Nonqualified Withdrawals.--.
          (1) In general.--The following applicable percentage 
        of any amount that remains in a capital construction 
        fund at the close of the following specified taxable 
        year following the taxable year for which the amount 
        was deposited shall be treated as a nonqualified 
        withdrawal: * * *
          (2) Earnings.--The earnings of a capital construction 
        fund for any taxable year (except net gains) shall be 
        treated under this subsection as an amount deposited 
        for the taxable year.
          (3) Contract for qualified withdrawal.--Under 
        paragraph (1), an amount shall not be treated as 
        remaining in a capital construction fund at the close 
        of a taxable year to the extent there is a binding 
        contract at the close of the taxable year for a 
        qualified withdrawal of the amount for an identified 
        item for which the withdrawal may be made.
          (4) Excess earnings.--If the Secretary determines 
        that the balance in a capital construction fund exceeds 
        the amount appropriate to meet the vessel or fishery 
        facility construction program objectives of the person 
        that established the fund, the amount of the excess 
        shall be treated as a nonqualified withdrawal under 
        paragraph (1) unless the person develops appropriate 
        program objectives within 3 years to dissipate the 
        excess.
          (5) Amounts in fund on january 1, 1987.--Under this 
        subsection, amounts in a capital construction fund on 
        January 1, 1987, shall be treated as having been 
        deposited in that fund on that date.

           *       *       *       *       *       *       *

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