79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–786 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 200) TO AMEND THE 

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT 

TO PROVIDE FLEXIBILITY FOR FISHERY MANAGERS AND STABILITY FOR 

FISHERMEN, AND FOR OTHER PURPOSES 

JUNE 26, 2018.—Referred to the House Calendar and ordered to be printed 

Ms. CHENEY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 965] 

The Committee on Rules, having had under consideration House 

Resolution 965, by a record vote of 6 to 2, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 200, the 

Strengthening Fishing Communities and Increasing Flexibility in 

Fisheries Management Act, under a structured rule. The resolution 

provides one hour of general debate equally divided and controlled 

by the chair and ranking minority member of the Committee on 

Natural Resources. The resolution waives all points of order 

against consideration of the bill. The resolution makes in order as 

original text for the purpose of amendment the amendment in the 

nature of a substitute recommended by the Committee on Natural 

Resources now printed in the bill and provides that it shall be considered as read. The resolution waives all points of order against 

that amendment in the nature of a substitute. The resolution 

makes in order only those amendments printed in this report. Each 

such amendment may be offered only in the order printed in this 

report, may be offered only by a Member designated in this report, 

shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 

be subject to a demand for division of the question in the House 

or in the Committee of the Whole. The resolution waives all points 

of order against the amendments printed in this report. The resolution provides one motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 200, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 200 made in order 

as original text, the Committee is not aware of any points of order. 

The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 249 

Motion by Mr. Woodall to report the rule. Adopted: 6–2 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ ................... Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Collins ........................................................ ................... Mrs. Torres ....................................................... ...................

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Buck ........................................................... ...................

Ms. Cheney ....................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Young, Don (AK), Graves, Garret (LA): Strikes sections 302(c) 

and 307, and modifies sections 205, 207, 304, 306, 406, and 408. 

The amendment also includes a new section regarding voting procedures for the Western Alaska Community Development Quota Program’s administrative panel. 

2. Courtney (CT), Zeldin (NY): Creates an industry-based pilot 

trawl survey for the New England and Mid-Atlantic Fishery Management Council regions. (10 minutes) 

3. Langevin (RI), Cicilline (RI): Provides voting representation for 

Rhode Island on the Mid-Atlantic Fishery Management Council 

(MAFMC). (10 minutes) 

4. Huffman (CA), Hastings, Alcee (FL): Ensures that rebuilding 

plans are successful in rebuilding overfished fish stocks. (10 minutes) 

5. Frankel (FL), Webster (FL): Waives compensatory mitigation 

requirements for maintenance dredging projects in certain inland 

waterways, inlets, or harbors (10 minutes) 

6. Graves, Garret (LA): Requires the Comptroller General to submit a report to Congress on resource rent of LAPPs in the Gulf of 

Mexico and South Atlantic Fishery Management Councils, ways to 

the Treasury can reclaim that resource rent, and ways to eliminate 

fiduciary conflicts of interest in the South Atlantic and Gulf of 

Mexico Fishery Management Councils. (10 minutes) 


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7. Keating (MA): Directs the Secretary to submit a plan to establish fully operational electronic monitoring and reporting procedures for the Northeast Multispecies Fishery. (10 minutes) 

8. Poliquin (ME): Requires NOAA to conduct a study on all fees 

it charges the lobster industry and report those findings to Congress. (10 minutes) 

9. Zeldin (NY): Lifts the ban on striped bass fishing in the Block 

Island transit zone between Montauk, NY and Block Island, RI. (10 

minutes) 

10. Keating (MA): Directs the Secretary to use funds collected 

from penalties and fines for monitoring in addition to traditional 

enforcement activities. (10 minutes) 

11. Gaetz (FL): Rewards the elimination of lionfish from United 

States waters by allowing individuals to exchange lionfish for tags 

authorizing fishing for certain species in addition to the number of 

such species otherwise authorized to be taken by such individuals. 

(10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF

ALASKA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 17, strike lines 17 through 23 (and redesignate the subsequent quoted clauses). 

Page 23, strike lines 20 through 23 and insert the following: 

(b) PUBLICATION.—The Secretary of Commerce shall make available on the Internet Website of the National Oceanic and Atmospheric Administration the report required under the amendment 

made by subsection (a) by not later than 1 year after the date of 

the enactment of this Act. 

Beginning at page 31, strike line 23 and all that follows through 

page 36, line 25. 

Beginning at page 40, line 17, strike section 304 and insert the 

following: 

SEC. 304. EXEMPTED FISHING PERMITS. 

(a) OBJECTIONS.—If the relevant Council, the Interstate Marine 

Fisheries Commission, or the fish and wildlife agency of an affected 

State objects to the approval and issuance of an exempted fishing 

permit under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Regional Administrator of 

the National Marine Fisheries Service who issued such exempted 

fishing permit shall respond to such entity in writing detailing why 

such exempted fishing permit was issued. 

(b) 12-MONTH FINDING.—At the end of the 12-month period beginning on the date the exempted fishing permit is issued under 

section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Council that prepared the fishery management plan, or the Secretary in the case of a fishery management 

plan prepared and implemented by the Secretary, shall review the 

exempted fishing permit and determine whether any unintended 

negative impacts have occurred that would warrant the discontinuation of the permit. 

(c) CLARIFICATION.—The Secretary may not issue an exempted 

fishing permit under section 600.745 of title 50, Code of Federal 

Regulations, or any successor regulation that— 


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(1) establishes a limited access system as defined in section 

3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802); 

(2) is consistent with section 303A of such Act (16 U.S.C. 

1853a); or 

(3) establishes a catch share program as defined in section 

206(a) of this Act. 

(d) SAVINGS PROVISION.—Except for subsection (b), nothing in 

this section may be construed to affect an exempted fishing permit 

approved under section 600.745 of title 50, Code of Federal Regulations, before the date of the enactment of this Act. 

Beginning at page 44, line 1, strike section 306 and insert the 

following: 

SEC. ll. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT. 

(a) IN GENERAL.—Section 407 (16 U.S.C. 1883) is amended to 

read as follows: 

‘‘SEC. 407. CERTIFICATION OF STATE SURVEYS. 

‘‘(a) SUBMISSION.—A Gulf State that conducts a marine recreational fisheries statistical survey in the Gulf of Mexico to make 

catch estimates for red snapper landed in such State may submit 

such survey to the Secretary for certification. 

‘‘(b) CERTIFICATION STANDARDS.—Not later than 90 days after the 

date of enactment of the Strengthening Fishing Communities and 

Increasing Flexibility in Fisheries Management Act, the Secretary 

shall establish and provide the Gulf States with standards for certifying State marine recreational fisheries statistical surveys that 

shall— 

‘‘(1) ensure that State marine recreational fisheries statistical surveys are appropriately pilot tested, independently peer 

reviewed, and endorsed for implementation by the reviewers; 

‘‘(2) use designs consistent with accepted survey sampling 

practices; and 

‘‘(3) minimize the potential for bias and known sources of 

survey error. 

‘‘(c) CERTIFICATION.— 

‘‘(1) IN GENERAL.—The Secretary shall make a certification or 

a denial of certification for any marine recreational fisheries 

statistical survey submitted under subsection (a) not later than 

the end of the 6-month period beginning on the date that the 

survey and information needed to evaluate the survey under 

the standards established under subsection (b) are submitted. 

‘‘(2) TIMING.—In the case of a certification request from a 

Gulf State, the Secretary shall begin evaluation of the request 

upon receipt of all information necessary to make a determination consistent with the standards set forth under subsection 

(b). 

‘‘(3) DEEMED CERTIFIED.—A marine recreational fisheries statistical survey shall be deemed to be certified effective upon 

the expiration of the 6-month period described in paragraph (1) 

if the Secretary has not made a certification or denial of certification. 

‘‘(d) MODIFICATION OF SURVEYS DENIED CERTIFICATION.— ‘‘(1) IN GENERAL.—If a marine recreational fisheries statistical survey of a Gulf State is denied certification under subVerDate Sep 11 2014 04:36 Jun 27, 2018 Jkt 079008 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR786.XXX HR786

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section (c), the Secretary shall, not later than 60 days after the 

date of the denial, provide the Gulf State a proposal for modifications to the survey. 

‘‘(2) PROPOSAL.—A proposal provided to a Gulf State for a 

survey under paragraph (1)— 

‘‘(A) shall be specific to the survey submitted by such 

Gulf State and may not be construed to apply to any other 

Gulf State; 

‘‘(B) shall require revision to the fewest possible provisions of the survey; and 

‘‘(C) may not unduly burden the ability of such Gulf 

State to revise the survey. 

‘‘(3) MODIFIED SURVEY.— 

‘‘(A) AUTHORITY TO SUBMIT.—If a marine recreational 

fisheries statistical survey of a Gulf State was denied certification under subsection (c), the Gulf State may modify 

the survey and submit the modified survey to the Secretary for certification or denial of certification. 

‘‘(B) SCHEDULE.—The Secretary shall make a certification or denial of certification for any modified survey not 

later than the end of the 30-day period beginning on the 

date the modified survey is submitted. 

‘‘(C) DEEMED CERTIFIED.—A modified survey is deemed 

to be certified effective upon the expiration of the period 

described in subparagraph (B) if the Secretary has not 

made a certification or denial of certification.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in the first section is amended by striking the item relating to section 407 and inserting the following: 

‘‘Sec. 407. Certification of State surveys.’’. 

Beginning at page 48, line 13, strike section 307. 

Beginning at page 52, at line 8, strike section 406 and insert the 

following: 

SEC. ll. REALLOCATION OF CERTAIN UNUSED HARVEST ALLOCATION. 

(a) REALLOCATION.—Notwithstanding any other provision of law, 

each year upon receipt by the Secretary of Commerce (referred to 

in this section as the ‘‘Secretary’’) of written notice from the allocation holder named in section 803 of division B of the Consolidated 

Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 

note) that such holder will not harvest all or a part of the allocation authorized pursuant to that Act, the Secretary shall reallocate 

for that year the unused portion of such allocation to the Bering 

Sea subarea of the BSAI (as defined in section 679.2 of title 50, 

Code of Federal Regulations) and shall assign the reallocated unused portion of the allocation only to eligible vessels as described 

in subsection (b)(1) for harvest in the Bering Sea subarea of the 

BSAI, consistent with any agreements as described in subsection 

(c). 

(b) ELIGIBILITY TO RECEIVE REALLOCATION.— 

(1) IN GENERAL.—Only vessels defined in subsection (a), (b), 

(c), or (e) of section 208 of the American Fisheries Act (16 

U.S.C. 1851 note), or any vessels authorized to replace such 

vessels, may receive a reallocation described in subsection (a). 


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(2) LIMITATION ON REALLOCATIONS.—The Secretary shall not 

reallocate the allocation described in subsection (a) in any year 

if such reallocation exceeds the annual catch limit for pollock 

in the Bering Sea subarea of the BSAI. 

(3) CALCULATIONS.—Any amount of the reallocation described in subsection (a) shall not be used in the calculation of 

harvesting or processing excessive shares as described in section 210(e) of the American Fisheries Act (16 U.S.C. 1851 

note). 

(4) CONDITIONS.—In any year, the assignment, transfer, or 

reallocation shall not violate the requirements of section 206(b) 

of the American Fisheries Act (title II of the division C of Public Law 105–277; 16 U.S.C. 1851 note). 

(c) AGREEMENTS.— (1) IN GENERAL.—Each year, the allocation holder named in 

section 803(a) of division B of the Consolidated Appropriations 

Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note) may establish one or more agreements with the owners of some or all 

of the eligible vessels as defined in subsection (b)(1). 

(2) REQUIREMENTS.—Each agreement described in paragraph 

(1)— 

(A) shall specify those eligible vessels that may receive 

a reallocation and the amount of reallocation that such 

vessels may receive in accordance with subsection (b)(2); 

and 

(B) may contain other requirements or compensation 

agreed to by the allocation holder named in section 803 of 

division B of the Consolidated Appropriations Act, 2004 

(Public Law 108–199, 16 U.S.C. 1851 note) and the owners 

of such eligible vessels, provided such requirements or 

compensation are otherwise consistent with the American 

Fisheries Act (16 U.S.C. 1851 note), the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 

1801 et seq.), and any other applicable law. 

(d) EXISTING AUTHORITY.—Except for the measures required by 

this section, nothing in this section shall be construed to limit the 

authority of the North Pacific Fishery Management Council or the 

Secretary under the American Fisheries Act (16 U.S.C. 1851 note), 

the Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.), or other applicable law. 

(e) ENFORCEMENT.—Taking or processing any part of the allocation made by section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note), and 

reallocated under this section in a manner that is not consistent 

with the reallocation authorized by the Secretary shall be considered in violation of section 307 of the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1857) and subject to 

the penalties and sanctions under section 308 of such Act (16 

U.S.C. 1858), and subject to the forfeiture of any fish harvested or 

processed. 

(f) CLARIFICATIONS.— 

(1) AMENDMENT.—Subsection (c) of section 803 of division B 

of the Consolidated Appropriations Act, 2004 (Public Law 108– 

199, 16 U.S.C. 1851 note) is amended by striking ‘‘during the 

years 2004 through 2008’’. 


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(2) PURPOSE OF REALLOCATION.—Consistent with subsection 

(d) of section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note), the 

reallocation of the unused portion of the allocation provided to 

the allocation holder named in subsection (a) of such section 

for harvest in the Bering Sea subarea of the BSAI is for the 

purposes of economic development in Adak, Alaska pursuant to 

the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 

Page 55, after line 4, insert the following (and redesignate the 

subsequent sections accordingly): 

SEC. ll. COMMUNITY DEVELOPMENT QUOTA PROGRAM PANEL VOTING PROCEDURES. 

Section 305(i)(1)(G)(iv) (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to 

read as follows: 

‘‘(iv) VOTING REQUIREMENT.—The panel may act only 

by the affirmative vote of 5 of its members.’’. 

Beginning at page 57, line 1, strike section 408 and insert the 

following: 

SEC. ll. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT. 

Section 3(10) (16 U.S.C. 1802) is amended— 

(1) by inserting a comma after ‘‘feeding’’; and 

(2) by inserting the following: ‘‘except that such term— 

‘‘(A) does not include an area that— 

‘‘(i) was previously covered by land or a fresh water 

environment; and 

‘‘(ii) is in a State where the average annual land loss 

of such State during the 20 years before the date of 

the enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act exceeds 10 square miles; and 

‘‘(B) does not apply with respect to a project undertaken 

by a State or local government with the purpose of restoration or protection of an area described in subparagraph 

(A).’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COURTNEY

OF CONNECTICUT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title II add the following: 

SEC. ll. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY 

AND STUDY. 

(a) INDUSTRY-BASED PILOT STUDY.—Within 1 year after the date 

of the enactment of this Act, the Secretary of Commerce shall, in 

coordination with the relevant Councils selected by the Secretary 

and the Northeast Area Monitoring and Assessment Program 

(NEAMAP), develop a fishing industry-based Northeast regional 

pilot research trawl survey and study to enhance and provide improvement to current National Oceanic and Atmospheric Administration vessel trawl surveys. 

(b) COMPONENTS.—Under the pilot survey and study— 

(1) the Secretary— 


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(A) may select fishing industry vessels to participate in 

the study by issuing a request for procurement; 

(B) may use the NEAMAP Southern New England/MidAtlantic Nearshore Trawl Survey as a model for the pilot 

survey; and 

(C) shall outfit participating vessels with a peer-reviewed net configuration; and 

(2) the selected Councils shall, in partnership with the National Marine Fisheries Service Northeast Fisheries Science 

Center and the Virginia Institute of Marine Science, collect 

data and evaluate discrepancies between fishing industry vessel data and National Oceanic and Atmospheric Administration 

vessel data, for 5 years. 

(b) REPORT.—Upon completion of the pilot survey and study, the 

Secretary and the selected Councils shall submit a detailed report 

on the results of the pilot survey and study to the Committee on 

Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LANGEVIN

OF RHODE ISLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of section 209 (page 27, after line 7) add the following: 

(f) ADDITION OF RHODE ISLAND TO THE MID-ATLANTIC FISHERY

MANAGEMENT COUNCIL.—Section 302(a)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1852(a)(1)(B)) is amended— 

(1) by inserting ‘‘Rhode Island,’’ after ‘‘States of’’; 

(2) by inserting ‘‘Rhode Island,’’ after ‘‘except North Carolina,’’; 

(3) by striking ‘‘21’’ and inserting ‘‘23’’; and 

(4) by striking ‘‘13’’ and inserting ‘‘14’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUFFMAN

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 37, strike lines 5 through 6 (and redesignate the subsequent subparagraphs accordingly). 

Page 38, after line 7, insert the following (and redesignate the 

subsequent quoted subclauses accordingly): 

‘‘(IV) the new plan, amendment, or proposed 

regulation has at least a 75 percent chance of rebuilding the overfished fishery within the time 

limit proposed by the Council, as calculated by the 

scientific and statistical committee of the Council 

with jurisdiction over the fishery pursuant to 

section302(g)(1)(B); 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANKEL

OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 


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TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. MITIGATION FOR IMPACTS TO SUBMERGED AQUATIC VEGETATION. 

Requirements to conserve or to provide compensatory mitigation 

for impacts to submerged aquatic vegetation under section 305(b) 

of the Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1855(b)) shall not apply when a non-Federal entity 

conducts maintenance dredging for an authorized Federal navigation project on an inland waterway, inlet, or harbor located in 

North Carolina, South Carolina, Georgia, or Florida pursuant to a 

permit issued under section 404 of the Federal Water Pollution 

Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 

1899 (33 U.S.C. 403; 30 Stat. 1151, chapter 425). 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAVES OF

LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. REPORT ON LIMITED ACCESS PRIVILEGE PROGRAMS AND 

CONFLICTS OF INTEREST WITH RESPECT TO GULF OF 

MEXICO AND SOUTH ATLANTIC FISHERIES. 

No later than 90 days after the date of the enactment of this Act, 

the Comptroller General of the United States shall submit to the 

Congress a report on— 

(1) the resource rent of limited access privilege programs in 

the Gulf of Mexico and the South Atlantic Ocean; 

(2) how to reclaim resource rent in the Gulf of Mexico and 

the South Atlantic as revenue the United States Treasury; and 

(3) the fiduciary conflicts of interest in the Gulf of Mexico 

Fishery Management Council and the South Atlantic Fishery 

Management Council, and effective ways to eliminate such conflicts. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KEATING

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. PLAN FOR ELECTRONIC MONITORING AND REPORTING 

PROCEDURES FOR THE NORTHEAST MULTISPECIES FISHERY. 

The Secretary, acting through the National Oceanic and Atmospheric Administration, shall submit a plan to the Committee on 


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Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not 

less than 180 days after the date of the enactment of this Act that 

will establish fully operational electronic monitoring and reporting 

procedures for the Northeast Multispecies Fishery by not later than 

September 30, 2021. The plan shall include the proposal of the National Oceanic and Atmospheric Administration to cover vessel 

equipment and installation costs, with daily, half-day, or quarterday operational costs to be borne by the fishing vessels. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIQUIN

OF MAINE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. STUDY OF FEES CHARGED TO LOBSTER FISHING INDUSTRY. 

Not later than 6 months after the date of the enactment of this 

Act, the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, shall study and report to the 

Congress on all fees imposed by such Administration on the lobster 

fishing industry. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ZELDIN OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. LIMITATION ON APPLICATION OF PROHIBITION ON ATLANTIC STRIPED BASS FISHING IN BLOCK ISLAND SOUND 

TRANSIT ZONE. 

Any prohibition on fishing for Atlantic striped bass in the Exclusive Economic Zone of the United States imposed under Executive 

Order 13449 or section 697.7(b) of title 50, Code of Federal Regulations, shall not apply in the the area described in section 

697.7(b)(3) of title 50, Code of Federal Regulations, commonly referred to as the Block Island Sound transit zone. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KEATING

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 


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TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. FUNDING FOR MONITORING IMPLEMENTATION OF NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN. 

Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking 

‘‘pursuant to this section’’ and all that follows through the end of 

the sentence and inserting ‘‘to enforce and monitor (including electronic monitoring) implementation of that Plan.’’ 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GAETZ OF

FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 

TITLE V—REEF ASSASSIN ACT 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Reef Assassin Act’’. 

SEC. 502. ENCOURAGING ELIMINATION OF LIONFISH. 

(a) IN GENERAL.—Title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended 

by adding at the end the following: 

‘‘SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH. 

‘‘(a) IN GENERAL.—The Secretary shall issue regulations under 

which a participating State may issue to an individual submitting 

lionfish taken in Federal or State waters a tag authorizing the taking of a fish of a covered species in Federal waters in addition to 

any other fish of that species the individual is authorized to take 

in Federal waters. 

‘‘(b) REQUIREMENTS FOR ISSUANCE OF TAG.—The regulations shall 

require— 

‘‘(1) the submission of 100 lionfish for each tag issued; 

‘‘(2) that lionfish taken in State waters must be taken by an 

individual holding a valid license to engage in such fishing 

issued under the laws of such State; and 

‘‘(3) that each lionfish shall be submitted by removing the 

tail, placing it in a resealable plastic bag, and submitting such 

bag to a participating State before the tail has significantly deteriorated. 

‘‘(c) NO LIMITATION ON NUMBER OF TAGS.—The regulations shall 

not limit the number of tags that may be issued to an individual. 

‘‘(d) USE OF TAGS.—The regulations shall provide that a tag 

issued under the regulations— 

‘‘(1) shall be valid for the 5-year period beginning on the date 

it is issued; 

‘‘(2) shall authorize only the recreational or commercial taking of a fish that complies with any size limit that otherwise 

applies to fishing for such fish in the waters in which it is 

taken; 


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‘‘(3) shall authorize such taking without regard to any seasonal limitation that otherwise applies to the species of fish 

taken; 

‘‘(4) shall authorize— 

‘‘(A) the transfer of tags to any other person; and 

‘‘(B) use of transferred tags in the same manner as such 

tags may be used by the person to whom the tags were 

issued; and 

‘‘(5) shall require that any fish taken under such tag outside 

any seasonal limitation that otherwise applies to such fish 

must have the tag fastened between the mouth and gill before 

being placed in any cooler. 

‘‘(e) APPROVAL OF STATE TO PARTICIPATE.— 

‘‘(1) CONDITIONS.—The regulations shall require that as a 

condition of approving a State to issue tags under this section 

the Secretary shall require the State to designate a repository 

for lionfish submitted for such tags. 

‘‘(2) PROVISION OF FREEZER.—The Secretary shall provide to 

each participating State freezers in which to store submitted 

lionfish, at a cost of not more than $500 for each freezer. 

‘‘(f) ADDITIONAL REQUIREMENTS.—The Secretary shall— 

‘‘(1) encourage participating States to use existing infrastructure and staff or volunteers to conduct the State’s program 

under this section; 

‘‘(2) include on the webpage of the National Marine Fisheries 

Service information about the program under this section; and 

‘‘(3) encourage State and local governments to work with retailers and distributors to advance the purchasing and consumption of lionfish. 

‘‘(g) OTHER PROVISIONS NOT AFFECTED.— 

‘‘(1) IN GENERAL.—This section— 

‘‘(A) is intended to protect species of fish that are native 

to waters of the United States or the exclusive economic 

zone; and 

‘‘(B) shall not be construed to constrain any fishery, fishing quota, or fishing allocation. 

‘‘(2) LIMITATION ON CONSIDERATION OF TAGS.—This section 

and tags issued or authorized to be issued under this section 

shall not be considered in any determination of fishing levels, 

quotas, or allocations. 

‘‘(h) DEFINITION.—In this section— 

‘‘(1) the term ‘covered fish’— 

‘‘(A) except as provided in subparagraph (B), means red 

snapper, gag grouper, triggerfish, amberjack; and 

‘‘(B) does not include any species included in a list of endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and 

‘‘(2) the term ‘participating State’ means a State that has applied and been approved by the Secretary to issue tags under 

regulations under this section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in the first section of such Act is amended by adding at the end of the items relating to title III the following: 

‘‘Sec. 301. Encouraging elimination of lionfish.’’. 


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13 

(c) DEADLINE FOR REGULATIONS.—The Secretary of Commerce 

shall issue regulations under the amendment made by subsection 

(a) by not later than 60 days after the date of the enactment of this 

Act. 

Æ 


SSpencer on DSKBBXCHB2PROD with REPORTS