79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–758 

STRENGTHENING FISHING COMMUNITIES AND INCREASING FLEXIBILITY IN FISHERIES MANAGEMENT ACT 

JUNE 19, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 200] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred 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, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Strengthening Fishing Communities and Increasing 

Flexibility in Fisheries Management Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. References. 

TITLE I—MAGNUSON-STEVENS ACT FINDINGS AND DEFINITIONS AMENDMENTS AND 

REAUTHORIZATION 

Sec. 101. Amendments to findings. 

Sec. 102. Amendments to definitions. 

Sec. 103. Authorization of appropriations. 

TITLE II—FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION 

Sec. 201. Definitions. 

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Sec. 202. Process for allocation review for South Atlantic and Gulf of Mexico mixed-use fisheries. 

Sec. 203. Alternative fishery management measures. 

Sec. 204. Modifications to the annual catch limit requirement. 

Sec. 205. Limitation on future catch share programs. 

Sec. 206. Study of limited access privilege programs for mixed-use fisheries. 

Sec. 207. Cooperative data collection. 

Sec. 208. Recreational fishing data. 

Sec. 209. Miscellaneous amendments relating to fishery management councils. 

TITLE III—HEALTHY FISHERIES THROUGH BETTER SCIENCE 

Sec. 301. Healthy fisheries through better science. 

Sec. 302. Transparency and public process. 

Sec. 303. Flexibility in rebuilding fish stocks. 

Sec. 304. Exempted fishing permits. 

Sec. 305. Cooperative research and management program. 

Sec. 306. Gulf of Mexico fisheries cooperative research and red snapper management. 

Sec. 307. Ensuring consistent management for fisheries throughout their range. 

TITLE IV— STRENGTHENING FISHING COMMUNITIES 

Sec. 401. Estimation of cost of recovery from fishery resource disaster. 

Sec. 402. Deadline for action on request by Governor for determination regarding fishery resource disaster. 

Sec. 403. North Pacific Fishery management clarification. 

Sec. 404. Limitation on harvest in North Pacific directed pollock fishery. 

Sec. 405. Arctic community development quota. 

Sec. 406. Reallocation of certain unused harvest allocation. 

Sec. 407. Prohibition on shark feeding off coast of Florida. 

Sec. 408. Restoration of historically freshwater environment. 

SEC. 3. DEFINITIONS. 

In this Act, any term used that is defined in section 3 of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1802) shall have the same 

meaning such term has under that section. 

SEC. 4. REFERENCES. 

Except as otherwise specifically provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 

TITLE I—MAGNUSON-STEVENS ACT FINDINGS 

AND DEFINITIONS AMENDMENTS AND REAUTHORIZATION 

SEC. 101. AMENDMENTS TO FINDINGS. 

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

(1) in paragraph (1), by inserting ‘‘cultural well-being,’’ after ‘‘economy,’’; and 

(2) in paragraph (10), by inserting ‘‘and traditional ways of life’’ after ‘‘economic growth’’. 

SEC. 102. AMENDMENTS TO DEFINITIONS. 

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

(1) in paragraph (2), by striking ‘‘management program’’; 

(2) in paragraph (34), by striking ‘‘The terms ‘overfishing’ and ‘overfished’ 

mean’’ and inserting ‘‘The term ‘overfishing’ means’’; and 

(3) by inserting after paragraph (8) the following: 

‘‘(8a) The term ‘depleted’ means, with respect to a stock of fish or stock complex, that the stock or stock complex has a biomass that has declined below a 

level that jeopardizes the capacity of the stock or stock complex to produce maximum sustainable yield on a continuing basis.’’; and 

(4) by inserting after paragraph (43) the following: 

‘‘(43a)(A) The term ‘subsistence fishing’ means fishing in which the fish harvested are intended for customary and traditional uses, including for direct personal or family consumption as food or clothing; for the making or selling of 

handicraft articles out of nonedible byproducts taken for personal or family consumption, for barter, or sharing for personal or family consumption; and for customary exchange or trade. 

‘‘(B) In this paragraph— 

‘‘(i) the term ‘family’ means all persons related by blood, marriage, or 

adoption, or any person living within the household on a permanent basis; 

and 

‘‘(ii) the term ‘barter’ means the exchange of a fish or fish part— 

‘‘(I) for another fish or fish part; or 

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

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(b) SUBSTITUTION OF TERM.—The Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.) is amended— 

(1) in the heading of section 304(e), by striking ‘‘OVERFISHED’’ and inserting 

‘‘DEPLETED’’; and 

(2) by striking ‘‘overfished’’ each place it appears and inserting ‘‘depleted’’. 

(c) CLARITY IN ANNUAL REPORT.—Section 304(e)(1) (16 U.S.C. (e)(1)) is amended 

by adding at the end the following: ‘‘The report shall distinguish between fisheries 

that are depleted (or approaching that condition) as a result of fishing and fisheries 

that are depleted (or approaching that condition) as a result of factors other than 

fishing. The report shall state, for each fishery identified as depleted or approaching 

that condition, whether the fishery is the target of directed fishing.’’. 

SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

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

(1) by striking ‘‘this Act’’ and all that follows through ‘‘(7)’’ and inserting ‘‘this 

Act’’; and 

(2) by striking ‘‘fiscal year 2013’’ and inserting ‘‘each of fiscal years 2018 

through 2022’’. 

TITLE II—FISHERIES MANAGEMENT 

FLEXIBILITY AND MODERNIZATION 

SEC. 201. DEFINITIONS. 

For the purposes of implementing this title: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Commerce, Science, and Transportation of the Senate; and 

(B) the Committee on Natural Resources of the House of Representatives. 

(2) LIMITED ACCESS PRIVILEGE PROGRAM.—The term ‘‘limited access privilege 

program’’ means a program that meets the requirements of section 303A of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1853a). 

(3) MIXED-USE FISHERY.—The term ‘‘mixed-used fishery’’ means a Federal 

fishery in which two or more of the following occur: 

(A) Recreational fishing. 

(B) Charter fishing. 

(C) Commercial fishing. 

SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF MEXICO 

MIXED-USE FISHERIES. 

(a) STUDY OF ALLOCATIONS IN MIXED-USE FISHERIES.—Not later than 60 days 

after the date of enactment of this Act, the Secretary of Commerce shall seek to 

enter into an arrangement with the National Academy of Sciences to conduct a 

study of South Atlantic and Gulf of Mexico mixed-use fisheries— 

(1) to provide guidance to each applicable Council on criteria that could be 

used for allocating fishing privileges, including consideration of the conservation 

and socioeconomic benefits of the commercial, recreational, and charter components of a fishery, in the preparation of a fishery management plan; 

(2) to identify sources of information that could reasonably support the use 

of such criteria in allocation decisions; 

(3) to develop procedures for allocation reviews and potential adjustments in 

allocations; and 

(4) that shall consider the ecological, economic and social factors relevant to 

each component of the mixed-use fishery including but not limited to: fairness 

and equitability of all current allocations; percent utilization of available allocations by each component; consumer and public access to the resource; and the 

application of economic models for fully estimating the direct and indirect valueadded contributions of the various commercial and recreational fishing industry 

market sectors throughout chain of custody. 

(b) REPORT.—Not later than 1 year after the date an arrangement is entered into 

under subsection (a), the National Academy of Sciences shall submit to the appropriate committees of Congress a report on the study conducted under that subsection. 

(c) PROCESS FOR ALLOCATION REVIEW AND ESTABLISHMENT.— 

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this 

Act, and every 5 years thereafter, an applicable Council shall perform a review 

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of the allocations to the commercial fishing sector and the recreational fishing 

sector of all applicable fisheries in its jurisdiction. 

(2) CONSIDERATIONS.—In conducting a review under paragraph (1), an applicable Council shall consider, in each allocation decision, the conservation and 

socioeconomic benefits of— 

(A) the commercial fishing sector; and 

(B) the recreational fishing sector. 

(d) DEFINITION OF APPLICABLE COUNCIL.—In this section, the term ‘‘applicable 

Council’’ means— 

(1) the South Atlantic Fishery Management Council; or 

(2) the Gulf of Mexico Fishery Management Council. 

SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEASURES. 

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

(1) in paragraph (7)(C), by striking ‘‘; and’’ and inserting a semicolon; 

(2) by redesignating paragraph (8) as paragraph (9); and 

(3) by inserting after paragraph (7), the following: 

‘‘(8) have the authority to use alternative fishery management measures in 

a recreational fishery (or the recreational component of a mixed-use fishery), including extraction rates, fishing mortality targets, and harvest control rules, in 

developing a fishery management plan, plan amendment, or proposed regulations; and’’. 

SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT. 

(a) REGIONAL FISHERY MANAGEMENT COUNCILS.—Section 302 (16 U.S.C. 1852) is 

amended by adding at the end the following: 

‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO ANNUAL CATCH LIMIT REQUIRE- MENTS.— 

‘‘(1) ANNUAL CATCH LIMIT REQUIREMENT FOR CERTAIN DATA-POOR FISHERIES.— Notwithstanding subsection (h)(6), in the case of a stock of fish for which the 

total annual catch limit is 25 percent or more below the overfishing limit, a 

peer-reviewed stock survey and stock assessment have not been performed during the preceding 5 fishing years, and the stock is not subject to overfishing, 

a Council may, after notifying the Secretary, maintain the current annual catch 

limit for the stock until a peer-reviewed stock survey and stock assessment are 

conducted and the results are considered by the Council and its scientific and 

statistical committee. 

‘‘(2) CONSIDERATION OF ECOSYSTEM AND ECONOMIC IMPACTS.—In establishing 

annual catch limits a Council may, consistent with subsection (h)(6), consider 

changes in an ecosystem and the economic needs of the fishing communities. 

‘‘(3) LIMITATIONS TO ANNUAL CATCH LIMIT REQUIREMENT FOR SPECIAL FISH- ERIES.—Notwithstanding subsection (h)(6), a Council is not required to develop 

an annual catch limit for— 

‘‘(A) an ecosystem-component species; 

‘‘(B) a fishery for a species that has a life cycle of approximately 1 year, 

unless the Secretary has determined the fishery is subject to overfishing; 

or 

‘‘(C) a stock for which— 

‘‘(i) more than half of a single-year class will complete their life cycle 

in less than 18 months; and 

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

‘‘(4) RELATIONSHIP TO INTERNATIONAL FISHERY EFFORTS.— 

‘‘(A) IN GENERAL.—Each annual catch limit, consistent with subsection 

(h)(6)— 

‘‘(i) may take into account management measures under international 

agreements in which the United States participates; and 

‘‘(ii) in the case of an annual catch limit developed by a Council for 

a species, shall take into account fishing for the species outside the exclusive economic zone and the life-history characteristics of the species 

that are not subject to the jurisdiction of the Council. 

‘‘(B) EXCEPTION TO ANNUAL CATCH LIMIT REQUIREMENT.—If fishery management activities by another country with respect to fishing outside the 

exclusive economic zone may hinder conservation efforts by United States 

fishermen for a fish species for which any of the recruitment, distribution, 

life history, or fishing activities are transboundary, and for which there is 

no informal transboundary agreement with that country in effect, then— 

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

‘‘(ii) if an annual catch limit is developed by a Council for the species, 

the catch limit shall take into account fishing for the species outside 

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the exclusive economic zone that is not subject to the jurisdiction of the 

Council. 

‘‘(5) AUTHORIZATION FOR MULTISPECIES COMPLEXES AND MULTIYEAR ANNUAL

CATCH LIMITS.—For purposes of subsection (h)(6), a Council may establish— 

‘‘(A) an annual catch limit for a stock complex; or‘including’ 

‘‘(B) annual catch limits for each year in any continuous period that is 

not more than three years in duration. 

‘‘(6) ECOSYSTEM-COMPONENT SPECIES DEFINED.—In this subsection the term 

‘ecosystem-component species’ means a stock of fish that is a nontarget, incidentally harvested stock of fish in a fishery, or a nontarget, incidentally harvested 

stock of fish that a Council or the Secretary has determined— 

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

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

‘‘(7) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed 

as providing an exemption from the requirements of section 301(a) of this Act.’’. 

(b) ACTION BY THE SECRETARY.—Section 304 (16 U.S.C. 1854) is amended— 

(1) by striking ‘‘(i) INTERNATIONAL OVERFISHING.—’’ and inserting ‘‘(j) INTERNATIONAL OVERFISHING.—’’; 

(2) in subsection (j)(1), as redesignated, by inserting ‘‘shall’’ before ‘‘immediately’’; and 

(3) by adding at the end the following: 

‘‘(k) STOCK SURVEYS AND ASSESSMENTS.—Not later than 2 years after the date 

that the Secretary receives notice from a Council under section 302(m), the Secretary shall complete a peer-reviewed stock survey and stock assessment of the applicable stock of fish and transmit the results of the survey and assessment to the 

Council.’’. 

SEC. 205. LIMITATION ON FUTURE CATCH SHARE PROGRAMS. 

(a) CATCH SHARE DEFINED.—Section 3 (16 U.S.C. 1802) is amended by inserting 

after paragraph (2) the following: 

‘‘(2a) The term ‘catch share’ means any fishery management program that allocates a specific percentage of the total allowable catch for a fishery, or a specific fishing area, to an individual, cooperative, community, processor, representative of a commercial sector, or regional fishery association established in 

accordance with section 303A(c)(4), or other entity.’’. 

(b) CATCH SHARE REFERENDUM PILOT PROGRAM.— 

(1) IN GENERAL.—Section 303A(c)(6)(D) (16 U.S.C. 1853a(c)(6)(D)) is amended 

to read as follows: 

‘‘(D) CATCH SHARE REFERENDUM PILOT PROGRAM.— 

‘‘(i) The New England, Mid-Atlantic, South Atlantic, and Gulf of Mexico Councils may not submit a fishery management plan or amendment 

that creates a catch share program for a fishery, and the Secretary may 

not approve or implement such a plan or amendment submitted by 

such a Council or a Secretarial plan or amendment under section 304(c) 

that creates such a program, unless the final program has been approved, in a referendum in accordance with this subparagraph, by a 

majority of the permit holders eligible to participate in the fishery. For 

multispecies permits in the Gulf of Mexico, any permit holder with 

landings from within the sector of the fishery being considered for the 

catch share program within the 5-year period preceding the date of the 

referendum and still active in fishing in the fishery shall be eligible to 

participate in such a referendum. If a catch share program is not approved by the requisite number of permit holders, it may be revised 

and submitted for approval in a subsequent referendum. 

‘‘(ii) The Secretary may, at the request of the New England Fishery 

Management Council, allow participation in such a referendum for a 

fishery under the Council’s authority, by fishing vessel crewmembers 

who derive a significant portion of their livelihood from such fishing. 

‘‘(iii) The Secretary shall conduct a referendum under this subparagraph, including notifying all permit holders eligible to participate in 

the referendum and making available to them— 

‘‘(I) a copy of the proposed program; 

‘‘(II) an estimate of the costs of the program, including costs to 

participants; 

‘‘(III) an estimate of the amount of fish or percentage of quota 

each permit holder would be allocated; and 

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

‘‘(iv) For the purposes of this subparagraph, the term ‘permit holder 

eligible to participate’ only includes the holder of a permit for a fishery 

under which fishing has occurred in 3 of the 5 years preceding a referendum for the fishery, unless sickness, injury, or other unavoidable 

hardship prevented the permit holder from engaging in such fishing. 

‘‘(v) The Secretary may not implement any catch share program for 

any fishery managed exclusively by the Secretary unless first petitioned by a majority of those permit holders eligible to participate in 

the fishery.’’. 

(2) LIMITATION ON APPLICATION.—The amendment made by paragraph (1) 

shall not apply to a catch share program that is submitted to, or proposed by, 

the Secretary of Commerce before the date of enactment of this Act. 

(3) REGULATIONS.—Before conducting a referendum under the amendment 

made by paragraph (1), the Secretary of Commerce shall issue regulations implementing such amendment after providing an opportunity for submission by 

the public of comments on the regulations. 

SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE FISHERIES. 

(a) STUDY ON LIMITED ACCESS PRIVILEGE PROGRAMS.—Not later than 1 year after 

the date of enactment of this Act, the Secretary of Commerce shall seek to enter 

into an arrangement under which the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine shall— 

(1) study the use of limited access privilege programs in mixed-use fisheries, 

including— 

(A) identifying any inequities caused by a limited access privilege program; 

(B) recommending policies to address the inequities identified in subparagraph (A); and 

(C) identifying and recommending the different factors and information 

a mixed-use fishery should consider when designing, establishing, or maintaining a limited access privilege program to mitigate any inequities identified in subparagraph (A); and 

(2) submit to the appropriate committees of Congress a report on the study 

under paragraph (1), including the recommendations under subparagraphs (B) 

and (C) of paragraph (1). 

(b) TEMPORARY MORATORIUM.— (1) IN GENERAL.—Except as provided in paragraph (2), there shall be a moratorium on the submission and approval of a limited access privilege program for 

a mixed-used fishery until the date that the report is submitted under subsection (a)(1)(B). 

(2) EXCEPTION.—Subject to paragraph (3), a Council may submit, and the Secretary of Commerce may approve, for a mixed- use fishery that is managed 

under a limited access system, a limited access privilege program if such program was part of a pending fishery management plan or plan amendment before the date of enactment of this Act. 

(3) MANDATORY REVIEW.—A Council that approves a limited access privilege 

program under paragraph (2) shall, upon issuance of the report required under 

subparagraph (a), review and, to the extent practicable, revise the limited access privilege program to be consistent with the recommendations of the report 

or any subsequent statutory or regulatory requirements designed to implement 

the recommendations of the report. 

(4) RULE OF CONSTRUCTION.—Nothing in this section may be construed to affect a limited access privilege program approved by the Secretary of Commerce 

before the date of enactment of this Act. 

SEC. 207. COOPERATIVE DATA COLLECTION. 

(a) IMPROVING DATA COLLECTION AND ANALYSIS.—Section 404 (16 U.S.C. 1881c) 

is amended by adding at the end the following: 

‘‘(e) IMPROVING DATA COLLECTION AND ANALYSIS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this 

Act, the Secretary shall develop, in consultation with the science and statistical 

committees of the Councils established under section 302(g) and the Marine 

Fisheries Commissions, and submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Natural Resources of 

the House of Representatives a report on facilitating greater incorporation of 

data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2) into fisheries management decisions. 

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‘‘(2) NONGOVERNMENTAL SOURCES.—Nongovernmental sources referred to in 

paragraph (1) include the following: 

‘‘(A) Fishermen. 

‘‘(B) Fishing communities. 

‘‘(C) Universities. 

‘‘(D) Research and philanthropic institutions. 

‘‘(3) CONTENT.—In developing the report under paragraph (1), the Secretary 

shall— 

‘‘(A) identify types of data and analysis, especially concerning recreational 

fishing, that can be reliably used for purposes of this Act as the basis for 

establishing conservation and management measures as required by section 

303(a)(1), including setting standards for the collection and use of that data 

and analysis in stock assessments and surveys and for other purposes as 

determined by the Secretary; 

‘‘(B) provide specific recommendations for collecting data and performing 

analyses identified as necessary to reduce uncertainty in and improve the 

accuracy of future stock assessments, including whether such data and 

analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions; 

‘‘(C) consider the extent to which it is possible to establish a registry of 

persons collecting or submitting the data and performing the analyses identified under subparagraphs (A) and (B); and 

‘‘(D) consider the extent to which the acceptance and use of data and 

analyses identified in the report in fishery management decisions is practicable.’’. 

(b) DEADLINE.—The Secretary of Commerce shall develop and publish guidelines 

under the amendment made by paragraph (a) by not later than 1 year after the date 

of enactment of this Act. 

(c) NAS REPORT RECOMMENDATIONS.—The Secretary of Commerce shall take into 

consideration and, to the extent feasible, implement the recommendations of the National Academy of Sciences in the report entitled ‘‘Review of the Marine Recreational Information Program (2017)’’, including— 

(1) prioritizing the evaluation of electronic data collection, including 

smartphone applications, electronic diaries for prospective data collection, and 

an Internet website option for panel members or for the public; 

(2) evaluating whether the design of the Marine Recreational Information 

Program for the purposes of stock assessment and the determination of stock 

management reference points is compatible with the needs of in-season management of annual catch limits; and 

(3) if the Marine Recreational Information Program is incompatible with the 

needs of in-season management of annual catch limits, determining an alternative method for in-season management. 

SEC. 208. RECREATIONAL FISHING DATA. 

Section 401(g) (16 U.S.C. 1881(g)) is amended by redesignating paragraph (4) as 

paragraph (5), and by inserting after paragraph (3) the following: 

‘‘(4) FEDERAL-STATE PARTNERSHIPS.— 

‘‘(A) ESTABLISHMENT.—The Secretary shall establish partnerships with 

States to develop best practices for implementation of State programs established pursuant to paragraph (2). 

‘‘(B) GUIDANCE.—The Secretary shall develop guidance, in cooperation 

with the States, that details best practices for administering State programs pursuant to paragraph (2), and provide such guidance to the State.’’. 

SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO FISHERY MANAGEMENT COUNCILS. 

(a) COUNCIL JURISDICTION FOR OVERLAPPING FISHERIES.—Section 302(a)(1) (16 

U.S.C. 1852(a)) is amended— 

(1) in subparagraph (A), in the second sentence— 

(A) by striking ‘‘18’’ and inserting ‘‘19’’; and 

(B) by inserting before the period at the end ‘‘and a liaison who is a member of the Mid-Atlantic Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council’’; and 

(2) in subparagraph (B), in the second sentence— 

(A) by striking ‘‘21’’ and inserting ‘‘22’’; and 

(B) by inserting before the period at the end ‘‘and a liaison who is a member of the New England Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council’’. 

(b) COUNCIL SEAT.—Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended— 

(1) in subparagraph (A), by striking ‘‘or recreational’’ and inserting ‘‘, recreational, or subsistence fishing’’; and 

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(2) in subparagraph (C), in the second sentence, by inserting ‘‘, and in the 

case of the Governor of Alaska with the subsistence fishing interests of the 

State,’’ after ‘‘interests of the State’’. 

(c) PURPOSE.—Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by striking ‘‘and 

recreational’’ and inserting ‘‘, recreational, and subsistence’’. 

(d) PROHIBITION ON CONSIDERING RED SNAPPER KILLED DURING REMOVAL OF OIL

RIGS.—Any red snapper that are killed during the removal of any offshore oil rig 

in the Gulf of Mexico shall not be considered in determining under the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) whether the total allowable catch for red snapper has been reached. 

(e) PROHIBITION ON CONSIDERING FISH SEIZED FROM FOREIGN FISHING.—Any fish 

that are seized from a foreign vessel engaged in illegal fishing activities in the exclusive economic zone shall not be considered in determining under the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) the 

total allowable catch for that fishery. 

TITLE III—HEALTHY FISHERIES THROUGH 

BETTER SCIENCE 

SEC. 301. HEALTHY FISHERIES THROUGH BETTER SCIENCE. 

(a) DEFINITION OF STOCK ASSESSMENT.—Section 3 (16 U.S.C. 1802), as amended 

by section 102(a) of this Act, is further amended by redesignating the paragraphs 

after paragraph (42) in order as paragraphs (44) through (53), and by inserting after 

paragraph (42) the following: 

‘‘(43) The term ‘stock assessment’ means an evaluation of the past, present, 

and future status of a stock of fish, that includes— 

‘‘(A) a range of life history characteristics for such stock, including— 

‘‘(i) the geographical boundaries of such stock; and 

‘‘(ii) information on age, growth, natural mortality, sexual maturity 

and reproduction, feeding habits, and habitat preferences of such stock; 

and 

‘‘(B) fishing for the stock.’’. 

(b) STOCK ASSESSMENT PLAN.— 

(1) IN GENERAL.—Section 404 (16 U.S.C. 1881c), as amended by section 207(a) 

of this Act, is further amended by adding at the end the following: 

‘‘(f) STOCK ASSESSMENT PLAN.— 

‘‘(1) IN GENERAL.—The Secretary shall develop and publish in the Federal 

Register, on the same schedule as required for the strategic plan required under 

subsection (b) of this section, a plan to conduct stock assessments for all stocks 

of fish for which a fishery management plan is in effect under this Act. 

‘‘(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) every 5 years; or 

‘‘(II) within such other time period specified and justified by the 

Secretary in the plan; 

‘‘(B) for each 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 within 3 years after the plan is published in the Federal Register unless another time period is specified 

and justified by the Secretary in the plan; and 

‘‘(C) identify data and analysis, especially concerning recreational fishing, 

that, if available, would reduce uncertainty in and improve the accuracy of 

future stock assessments, including whether such data and analysis could 

be provided by fishermen, fishing communities, universities, and research 

institutions, to the extent that use of such data would be consistent with 

the requirements in section 301(a)(2) to base conservation and management 

measures on the best scientific information available. 

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‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIREMENT.—Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock assessment is not required for a stock of fish 

in the plan if the Secretary determines that such a stock assessment is not necessary and justifies such determination in the Federal Register notice required 

by this subsection.’’. 

(2) DEADLINE.—Notwithstanding section 404(f)(1) of the Magnuson-Stevens 

Fishery Conservation and Management Act, as amended by this section, the 

Secretary of Commerce shall issue the first stock assessment plan under such 

section by not later than 2 years after the date of enactment of this Act. 

SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. 

(a) ADVICE.—Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended by adding 

at the end the following: ‘‘Each scientific and statistical committee shall develop 

such advice in a transparent manner and allow for public involvement in the process.’’. 

(b) MEETINGS.—Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding at 

the end the following: 

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

Council— 

‘‘(i) to the extent practicable, a Webcast, an audio recording, or a live 

broadcast of each meeting of the Council, and of the Council Coordination Committee established under subsection (l), that is not closed in 

accordance with paragraph (3); and 

‘‘(ii) audio, video (if the meeting was in person or by video conference), or a searchable audio or written transcript of each meeting of 

the Council and of the meetings of committees referred to in section 

(g)(1)(B) of the Council by not later than 30 days after the conclusion 

of the meeting. 

‘‘(H) The Secretary shall maintain and make available to the public an 

archive of Council and scientific and statistical committee meeting audios, 

videos, and transcripts made available under clauses (i) and (ii) of subparagraph (G).’’. 

(c) FISHERY IMPACT STATEMENTS.— 

(1) REQUIREMENT.—Section 303 (16 U.S.C. 1853) is amended— 

(A) in subsection (a), by striking paragraph (9) and redesignating paragraphs (10) through (15) as paragraphs (9) through (14), respectively; and 

(B) by adding at the end the following: 

‘‘(d) FISHERY IMPACT STATEMENT.— 

‘‘(1) Any fishery management plan (or fishery management plan amendment) 

prepared by any Council or by the Secretary pursuant to subsection (a) or (b), 

or proposed regulations deemed necessary pursuant to subsection (c), shall include a fishery impact statement which shall assess, specify and analyze the 

likely effects and impact of the proposed action on the quality of the human environment. 

‘‘(2) The fishery impact statement shall describe— 

‘‘(A) a purpose of the proposed action; 

‘‘(B) the environmental impact of the proposed action; 

‘‘(C) any adverse environmental effects which cannot be avoided should 

the proposed action be implemented; 

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

‘‘(E) the relationship between short-term use of fishery resources and the 

enhancement of long-term productivity; 

‘‘(F) the cumulative conservation and management effects; and 

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

‘‘(i) participants in the fisheries and fishing communities affected by 

the proposed action; 

‘‘(ii) participants in the fisheries conducted in adjacent areas under 

the authority of another Council, after consultation with such Council 

and representatives of those participants; and 

‘‘(iii) the safety of human life at sea, including whether and to what 

extent such measures may affect the safety of participants in the fishery. 

‘‘(3) A substantially complete fishery impact statement, which may be in draft 

form, shall be available not less than 14 days before the beginning of the meeting at which a Council makes its final decision on the proposal (for plans, plan 

amendments, or proposed regulations prepared by a Council pursuant to subsection (a) or (c)). Availability of this fishery impact statement will be announced by the methods used by the Council to disseminate public information 

10 

and the public and relevant government agencies will be invited to comment on 

the fishery impact statement. 

‘‘(4) The completed fishery impact statement shall accompany the transmittal 

of a fishery management plan or plan amendment as specified in section 304(a), 

as well as the transmittal of proposed regulations as specified in section (b). 

‘‘(5) The Councils shall, subject to approval by the Secretary, establish criteria 

to determine actions or classes of action of minor significance regarding subparagraphs (A), (B), (D), (E), and (F) of paragraph (2), for which preparation of 

a fishery impact statement is unnecessary and categorically excluded from the 

requirements of this section, and the documentation required to establish the 

exclusion. 

‘‘(6) The Councils shall, subject to approval by the Secretary, prepare procedures for compliance with this section that provide for timely, clear, and concise 

analysis that is useful to decisionmakers and the public, reduce extraneous paperwork and effectively involve the public, including— 

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

‘‘(B) integration of the fishery impact statement development process with 

preliminary and final Council decision making in a manner that provides 

opportunity for comment from the public and relevant government agencies 

prior to these decision points; and 

‘‘(C) providing scientific, technical, and legal advice at an early stage of 

the development of the fishery impact statement to ensure timely transmittal and Secretarial review of the proposed fishery management plan, 

plan amendment, or regulations to the Secretary.’’. 

(2) EVALUATION OF ADEQUACY.—Section 304(a)(2) (16 U.S.C. 1854(a)(2)) is 

amended by striking ‘‘and’’ after the semicolon at the end of subparagraph (B), 

striking the period at the end of subparagraph (C) and inserting ‘‘; and’’, and 

by adding at the end the following: 

‘‘(D) evaluate the adequacy of the accompanying fishery impact statement 

as basis for fully considering the environmental impacts of implementing 

the fishery management plan or plan amendment.’’. 

(3) REVIEW OF REGULATIONS.—Section 304(b) (16 U.S.C. 1854(b)) is amended 

by striking so much as precedes subparagraph (A) of paragraph (1) and inserting the following: 

‘‘(b) REVIEW OF REGULATIONS.— 

‘‘(1) Upon transmittal by the Council to the Secretary of proposed regulations 

prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent 

with the fishery management plan, plan amendment, this Act and other applicable law. The Secretary shall also immediately initiate an evaluation of the accompanying fishery impact statement as a basis for fully considering the environmental impacts of implementing the proposed regulations. Within 15 days 

of initiating such evaluation the Secretary shall make a determination and— 

’’. 

(4) EFFECT ON TIME REQUIREMENTS.—Section 305(e) (16 U.S.C. 1855(e)) is 

amended by inserting ‘‘the National Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.),’’ after ‘‘the Regulatory Flexibility Act (5 U.S.C. 601 et 

seq.),’’. 

SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS. 

(a) GENERAL REQUIREMENTS.—Section 304(e) (16 U.S.C. 1854(e)) is amended— 

(1) in paragraph (4)— 

(A) in subparagraph (A)(i), by striking ‘‘possible’’ and inserting ‘‘practicable’’; 

(B) by amending subparagraph (A)(ii) to read as follows: 

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

‘‘(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement 

in which the United States participates dictate otherwise; 

‘‘(II) the Secretary determines that the cause of the stock being 

depleted is outside the jurisdiction of the Council or the rebuilding 

program cannot be effective only by limiting fishing activities; 

‘‘(III) the Secretary determines that one or more components of 

a mixed- stock fishery is depleted but cannot be rebuilt within that 

time- frame without significant economic harm to the fishery, or 

cannot be rebuilt without causing another component of the mixedstock fishery to approach a depleted status; 

11 

‘‘(IV) the Secretary determines that recruitment, distribution, or 

life history of, or fishing activities for, the stock are affected by informal transboundary agreements under which management activities outside the exclusive economic zone by another country may 

hinder conservation and management efforts by United States fishermen; and 

‘‘(V) the Secretary determines that the stock has been affected by 

unusual events that make rebuilding within the specified time period improbable without significant economic harm to fishing communities;’’; 

(C) by striking ‘‘and’’ after the semicolon at the end of subparagraph (B), 

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), 

and by inserting after subparagraph (A) the following: 

‘‘(B) take into account environmental condition including predator/prey 

relationships;’’; and 

(D) by striking the period at the end of subparagraph (D) (as so redesignated) and inserting ‘‘; and’’, and by adding at the end the following: 

‘‘(E) specify a schedule for reviewing the rebuilding targets, evaluating 

environmental impacts on rebuilding progress, and evaluating progress 

being made toward reaching rebuilding targets.’’; and 

(2) by adding at the end the following: 

‘‘(8) A fishery management plan, plan amendment, or proposed regulations 

may use alternative rebuilding strategies, including harvest control rules and 

fishing mortality-rate targets to the extent they are in compliance with the requirements of this Act. 

‘‘(9) A Council may terminate the application of paragraph (3) to a fishery if 

the Council’s scientific and statistical committee determines and the Secretary 

concurs that the original determination that the fishery was depleted was erroneous, either— 

‘‘(A) within the 2-year period beginning on the effective date a fishery 

management plan, plan amendment, or proposed regulation for a fishery 

under this subsection takes effect; or 

‘‘(B) within 90 days after the completion of the next stock assessment 

after such determination.’’. 

(b) EMERGENCY REGULATIONS AND INTERIM MEASURES.—Section 305(c)(3)(B) (16 

U.S.C. 1855(c)(3)(B)) is amended by striking ‘‘180 days after’’ and all that follows 

through ‘‘provided’’ and inserting ‘‘1 year after the date of publication, and may be 

extended by publication in the Federal Register for one additional period of not 

more than 1 year, if’’. 

SEC. 304. EXEMPTED FISHING PERMITS. 

(a) IN GENERAL.—Before the approval and issuance of an exempted fishing permit 

under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Secretary of Commerce shall— 

(1) direct a joint peer review of the application for the exempted fishing permit by the appropriate regional fisheries science center and State marine fisheries commission; and 

(2) certify that the Council or Federal agency with jurisdiction over the affected fishery has determined that— 

(A) the fishing activity to be conducted under the proposed exempted fishing permit would not negatively impact any management measures or conservation objectives included within existing fishery management plans or 

plan amendments; 

(B) the social and economic impacts in both dollar amounts and loss of 

fishing opportunities on all participants in each sector of the fishery expected to occur as a result of the proposed exempted fishing permit would 

be minimal; 

(C) the information that would be collected through the fishing activity 

to be conducted under the proposed exempted fishing permit will have a 

positive and direct impact on the conservation, assessment, or management 

of the fishery; and 

(D) the Governor of each coastal State potentially impacted by the proposed exempted fishing permit, as determined by the Secretary, has been 

consulted on the fishing activity to be conducted. 

(b) CLARIFICATION.—The Secretary may not issue an exempted fishing permit 

under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation that— 

(1) establishes a limited access system as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802); 

12 

(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. 

(c) SAVINGS PROVISION.—Except for subsection (b)(2), nothing in this section may 

be construed to affect an exempted fishing permit approved under section 600.745 

of title 50, Code of Federal Regulations, before the date of enactment of this Act. 

SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM. 

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

(1) in subsection (a), by inserting ‘‘(1)’’ before the first sentence, and by adding 

at the end the following: 

‘‘(2) Within one year after the date of enactment of the Strengthening Fishing 

Communities and Increasing Flexibility in Fisheries Management Act, and after 

consultation with the Councils, the Secretary shall publish a plan for implementing and conducting the program established in paragraph (1). Such plan 

shall identify and describe critical regional fishery management and research 

needs, possible projects that may address those needs, and estimated costs for 

such projects. The plan shall be revised and updated every 5 years, and updated 

plans shall include a brief description of projects that were funded in the prior 

5-year period and the research and management needs that were addressed by 

those projects.’’; and 

(2) in subsection (c)— 

(A) in the heading, by striking ‘‘FUNDING’’ and inserting ‘‘PRIORITIES’’; and 

(B) in paragraph (1), by striking ‘‘including’’ and all that follows and inserting the following: ‘‘including— 

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

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

‘‘(C) improving monitoring and observer coverage through the expanded 

use of electronic monitoring devices.’’. 

SEC. 306. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND RED SNAPPER MANAGEMENT. 

(a) FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT.—Section 407 (16 

U.S.C. 1883) is amended by striking all after the section heading and inserting the 

following: 

‘‘(a) CERTIFICATION OF STATE SURVEYS.— 

‘‘(1) INCLUSION OF CERTIFIED STATE SURVEYS.—In establishing the acceptable 

biological catch and total allowable catch for red snapper in the Gulf of Mexico, 

the Secretary shall include— 

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

‘‘(B) data related to red snapper in the Gulf of Mexico collected by the 

Gulf States Marine Fisheries Commission, nongovernmental organizations, 

and other nongovernmental sources, including universities and research institutions. 

‘‘(b) STATE SURVEYS.— 

‘‘(1) SUBMISSION.—A Gulf State that conducts a recreational fisheries survey 

in the Gulf of Mexico to make catch estimates for red snapper landed in such 

State may submit such survey to the Secretary for certification. 

‘‘(2) CERTIFICATION.— 

‘‘(A) IN GENERAL.—The Secretary shall make a certification or a denial of 

certification for any survey submitted under paragraph (1) not later than 

the end of the 6-month period beginning on the date the survey is submitted. 

‘‘(B) DEEMED CERTIFIED.—A recreational fisheries survey is deemed to be 

certified effective upon the expiration of such period if the Secretary has not 

made a certification or denial of certification. 

‘‘(3) MODIFICATION OF SURVEYS DENIED CERTIFICATION.— 

‘‘(A) IN GENERAL.—If a survey of a Gulf State is denied certification under 

paragraph (2), the Secretary shall, not later than 60 days after the date of 

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

‘‘(B) PROPOSAL.—A proposal provided to a Gulf State for a survey under 

subparagraph (A)— 

‘‘(i) shall be specific to the survey submitted by such Gulf State and 

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

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

‘‘(iii) may not unduly burden the ability of such Gulf State to revise 

the survey. 

13 

‘‘(C) MODIFIED SURVEY.— 

‘‘(i) AUTHORITY TO SUBMIT.—If a survey of a Gulf State was denied 

certification under paragraph (2), the Gulf State may modify the survey 

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

‘‘(ii) SCHEDULE.—The Secretary shall make a certification or denial of 

certification for any modified survey not later than the end of the 30- 

day period beginning on the date the modified survey is submitted. 

‘‘(iii) DEEMED CERTIFIED.—A modified survey is deemed to be certified 

effective upon the expiration of the period described in clause (ii) if the 

Secretary has not made a certification or denial of certification. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) GULF STATE.—The term ‘Gulf State’ means each of the States of Texas, 

Louisiana, Mississippi, Alabama, or Florida. 

‘‘(2) RED SNAPPER.—The term ‘red snapper’ means the species Lutjanus 

campechanus.’’. 

(b) STOCK SURVEYS AND STOCK ASSESSMENTS.—The Secretary of Commerce, acting through the National Marine Fisheries Service Regional Administrator of the 

Southeast Regional Office, shall for purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)— 

(1) develop a schedule of stock surveys and stock assessments for the Gulf of 

Mexico Region and the South Atlantic Region for the 5-year period beginning 

on the date of the enactment of this Act and for every 5-year period thereafter; 

(2) direct the Southeast Science Center Director to implement such schedule; 

and 

(3) in such development and implementation— 

(A) give priority to those stocks that are commercially or recreationally 

important; and 

(B) ensure that each such important stock is surveyed at least every 5 

years. 

(c) USE OF FISHERIES INFORMATION IN STOCK ASSESSMENTS.—The Southeast 

Science Center Director shall ensure that fisheries information made available 

through fisheries programs funded under Public Law 112–141 is incorporated as 

soon as possible into any fisheries stock asessments conducted after the date of the 

enactment of this Act. 

(d) STATE FISHERIES MANAGEMENT IN THE GULF OF MEXICO WITH RESPECT TO

RED SNAPPER.—Section 306(b) (16 U.S.C. 1856(b)) is amended by adding at the end 

the following: 

‘‘(4) Notwithstanding section 3(11), for the purposes of managing the recreational sector of the Gulf of Mexico red snapper fishery, the seaward boundary of a coastal State in the Gulf of Mexico is a line 9 miles seaward from the 

baseline from which the territorial sea of the United States is measured.’’. 

SEC. 307. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES THROUGHOUT THEIR 

RANGE. 

(a) IN GENERAL.—The Act is amended by inserting after section 4 the following: 

‘‘SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER CERTAIN OTHER FEDERAL 

LAWS. 

‘‘(a) NATIONAL MARINE SANCTUARIES ACT AND ANTIQUITIES ACT OF.—In any case 

of a conflict between this Act and the National Marine Sanctuaries Act (16 U.S.C. 

1431 et seq.) or the Antiquities Act of 1906 (54 U.S.C. 320301 et seq.), this Act shall 

control. 

‘‘(b) FISHERIES RESTRICTIONS UNDER ENDANGERED SPECIES ACT OF.—To ensure 

transparency and consistent management of fisheries throughout their range, any 

restriction on the management of fish in the exclusive economic zone that is necessary to implement a recovery plan under the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.) shall be implemented— 

‘‘(1) using authority under this Act; and 

‘‘(2) in accordance with processes and time schedules required under this 

Act.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in the first section is amended 

by inserting after the item relating to section 3 the following: 

‘‘Sec. 4. Authorization of appropriations. 

‘‘Sec. 5. Ensuring consistent fisheries management under certain other Federal laws.’’. 

14 

TITLE IV— STRENGTHENING FISHING 

COMMUNITIES 

SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISHERY RESOURCE DISASTER. 

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

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

(2) by redesignating existing subparagraphs (A) through (C) as clauses (i) 

through (iii), respectively, of subparagraph (A) (as designated by the amendment made by paragraph (1)); and 

(3) by adding at the end the following: 

‘‘(B) The Secretary shall publish the estimated cost of recovery from a fishery resource disaster no later than 30 days after the Secretary makes the determination 

under subparagraph (A) with respect to such disaster.’’. 

SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOVERNOR FOR DETERMINATION REGARDING FISHERY RESOURCE DISASTER. 

Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating paragraphs (2) 

through (4) as paragraphs (3) through (5), and by inserting after paragraph (1) the 

following: 

‘‘(2) The Secretary shall make a decision regarding a request from a Governor 

under paragraph (1) within 90 days after receiving an estimate of the economic impact of the fishery resource disaster from the entity requesting the relief.’’. 

SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION. 

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

(1) by striking ‘‘was no’’ and inserting ‘‘is no’’; and 

(2) by striking ‘‘on August 1, 1996’’. 

SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED POLLOCK FISHERY. 

Section 210(e)(1) of the American Fisheries Act (title II of division C of Public Law 

105–277; 16 U.S.C. 1851 note) is amended to read as follows: 

‘‘(1) HARVESTING.— 

‘‘(A) LIMITATION.—No particular individual, corporation, or other entity 

may harvest, through a fishery cooperative or otherwise, a percentage of 

the pollock available to be harvested in the directed pollock fishery that exceeds the percentage established for purposes of this paragraph by the 

North Pacific Fishery Management Council. 

‘‘(B) MAXIMUM PERCENTAGE.—The percentage established by the North 

Pacific Fishery Management Council shall not exceed 24 percent of the pollock available to be harvested in the directed pollock fishery.’’. 

SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA. 

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

‘‘(k) ARCTIC COMMUNITY DEVELOPMENT QUOTA.—If the North Pacific Fishery Management Council issues a fishery management plan for the exclusive economic zone 

in the Arctic Ocean, or an amendment to the Fishery Management Plan for Fish 

Resources of the Arctic Management Area issued by such Council, that makes available to commercial fishing, and establishes a sustainable harvest level, for any part 

of such zone, the Council shall set aside not less than 10 percent of the total allowable catch therein as a community development quota for coastal villages located 

north and east of the Bering Strait.’’. 

SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST ALLOCATION. 

(a) REALLOCATION.— 

(1) IN GENERAL.—Effective January 1, 2018, and thereafter annually, if the 

Regional Administrator receives receipt of written notice that the allocation 

holder named in section 803 of the Consolidated Appropriations Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 note), will not harvest some or all of the Aleutian Islands directed pollock, the Regional Administrator, as soon as practicable, 

shall— 

(A) if the allocation as designated in section 803 of the Consolidated Appropriations Act, 2004 does not exceed the total allowable catch for the Bering Sea subarea, reallocate the projected unused Aleutian Islands directed 

pollock to the Bering Sea subarea for harvest by the allocation holder 

named in section 803 of the Consolidated Appropriations Act, 2004; or 

(B) if the allocation exceeds the total allowable catch for the Bering Sea 

subarea, reallocate a portion of the allocation, up to the total allowable 

catch for the Bering Sea Subarea. 

15 

(2) The allocation shall be provided to the Aleut Corporation for the purposes 

of economic development in Adak, Alaska, pursuant to the requirement of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 

et seq.). 

(b) IMPLEMENTATION.—For the purposes of this section: 

(1) the allocation holder described in subsection (a) shall retain control of the 

allocation referenced in such subsection, including such portions of the allocation that may be reallocated pursuant to this section; and 

(2) the allocations in section 206(b) of the American Fisheries Act (16 U.S.C. 

1851 note) apply to the Bering Sea portion of the directed pollock fishery and 

not to the allocation holder under section 803 of the Consolidated Appropriations Act, 2004. 

(c) CONSENT REQUIREMENT.—The Aleut Corporation will provide written consent 

for other vessels to take or process the allocation, a physical copy of which must 

be present on the vessel. 

(d) REVISION OF REGULATIONS AND MANAGEMENT PLANS.— 

(1) IN GENERAL.—The North Pacific Fishery Management Council, in consultation with the National Marine Fisheries Service, shall modify all applicable 

regulations and management plans so that the allocation holder named in section 803 of the Consolidated Appropriations Act, 2004, may harvest the reallocated Aleutian Islands directed pollock fishery in the Bering Sea subarea as 

soon as practicable. 

(2) MANAGEMENT OF ALLOCATION.—The National Marine Fisheries Service, in 

consultation with the North Pacific Fishery Management Council, shall manage 

the Aleutian Islands directed pollock fishery to ensure compliance with the implementing statute and with the annual harvest specifications. 

(3) ENFORCEMENT.—Taking or processing any part of the allocation made by 

section 803 of the Consolidated Appropriations Act, 2004, and reallocated under 

this section without the consent required under subsection (c) shall be considered in violation of section 307 of the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1857) and subject to the penalties and sanctions under section 308 of such Act (16 U.S.C. 1858), and any fish harvested 

or processed under such taking or possessing shall be subject to forfeiture. 

SEC. 407. PROHIBITION ON SHARK FEEDING OFF COAST OF FLORIDA. 

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

(1) by striking ‘‘It is unlawful—’’ and inserting the following: 

‘‘(a) IN GENERAL.—It is unlawful—’’; and 

(2) by adding at the end the following: 

‘‘(b) PROHIBITION ON SHARK FEEDING OFF COAST OF FLORIDA.— 

‘‘(1) IN GENERAL.—It is unlawful— 

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

‘‘(B) for any person to operate a vessel for hire for the purpose of carrying 

a passenger to a site if such person knew or should have known that the 

passenger intended, at that site, to be a diver— 

‘‘(i) engaged in shark feeding in covered waters; or 

‘‘(ii) engaged in observing shark feeding in covered waters. 

‘‘(2) DEFINITIONS.—For purposes of this subsection: 

‘‘(A) COVERED WATERS.—The term ‘covered waters’ means Federal waters 

off the coast of Florida. 

‘‘(B) DIVER.—The term ‘diver’ means a person who is wholly or partially 

submerged in covered water and is equipped with a face mask, face mask 

and snorkel, or underwater breathing apparatus. 

‘‘(C) SHARK FEEDING.—The term ‘shark feeding’ means— 

‘‘(i) the introduction of food or any other substance into covered water 

for the purpose of feeding or attracting sharks; or 

‘‘(ii) presenting food or any other substance to a shark for the purpose 

of feeding or attracting sharks. 

‘‘(3) EXCEPTION.—This subsection shall not apply to shark feeding conducted— 

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

‘‘(B) for the purpose of harvesting sharks.’’. 

SEC. 408. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT. 

Section 3(10) (16 U.S.C. 1802) is amended by inserting ‘‘, except that such term 

shall not include any area previously covered by land or a fresh water environment 

in a State where the average annual land loss of such State during the 20 years 

before the date of the enactment of the Strengthening Fishing Communities and InVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6621 E:\HR\OC\HR758.XXX HR758
16 

1Department of Commerce: Fisheries Economics of the United States 2015, May 2017, p. 6. 

2 Id at 2. 

3http://www.nmfs.noaa.gov/sfa/management/councils/. 

4http://www.fisherycouncils.org/. 

5P.L. 104–297. 

6P.L. 109–479. 

7Testimony of Mr. Richard Robins, Jr. before the House Committee on Natural Resources, 

September 11, 2013. 8Testimony of Mr. Nick Wiley before the House Committee on Natural Resources, July 19, 

2017. 

creasing Flexibility in Fisheries Management Act exceeds 10 square miles’’ after 

‘‘maturity’’. 

PURPOSE OF THE BILL

The purpose of H.R. 200 is to amend the Magnuson-Stevens 

Fishery Conservation and Management Act to provide flexibility for 

fishery managers and stability for fishermen. 

BACKGROUND AND NEED FOR LEGISLATION

In 2015, commercial and recreational saltwater fisheries supported 1.6 million U.S. jobs.1 Commercial and recreational fisheries 

combined generated upwards of $208 billion in sales impact, and 

nearly $97 billion in value-added impacts to the U.S. economy.2

The Magnuson-Stevens Fishery and Conservation Management 

Act of 1976 (MSA, 16 U.S.C. 1801 et seq.) is the primary law governing fisheries resources and fishing activities in federal waters. 

The Secretary of Commerce, working through the National Oceanic 

and Atmospheric Administration (NOAA), enforces the MSA. 

The original MSA created eight Councils charged with implementing the goals of MSA, in coordination with NOAA.3 This process of managing fisheries is accomplished through Council-based 

Fisheries Management Plans (FMPs) for each fishery. FMPs require scientific stock assessments of the fishery. Following the 

Council’s development of an FMP, the Council forwards the plan to 

the Commerce Secretary for approval. If the plan is approved, the 

National Marine Fisheries Service (NMFS) within NOAA must 

then issue regulations to implement a plan.4

Congress reauthorized MSA in 1996 5 and 2006.6 According to 

some, NOAA added layers of precaution in its implementation of 

the 2006 amendments with regard both to scientific and management uncertainty.7 In a July 2017 hearing, the Subcommittee on 

Water, Power and Oceans explored the successes and challenges of 

implementing MSA since the 2006 amendments. Mr. Nick Wiley, 

Executive Director of the Florida Fish and Wildlife Conservation 

Commission, testified that ‘‘[t]he requirements to manage fisheries 

under strict annual catch limits, the overly prescriptive constraints 

for stock rebuilding plans, and general inflexibility within the current version of the law have hindered management of fish stocks 

in the South Atlantic and Gulf of Mexico. This inflexibility has fostered a serious erosion of public confidence, trust, and support for 

this fishery management system.’’ 8

H.R. 200 would improve the management process by affording regional fisheries managers the flexibility to manage stocks effectively and to better tailor management plans to the needs of their 

regions. 

17 

SECTION-BY-SECTION ANALYSIS OF H.R. 200, AS REPORTED

Section 1. Short title 

This section provides the short title for the bill, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries 

Management Act. 

Section 2. Table of contents 

This section provides a table of contents for the bill. 

Section 3. Definitions 

This section indicates that defined terms under the MSA has the 

same meaning under this bill. 

Section 4. References 

This section indicates that generally an amendment or repeal 

under this Act shall be considered an amendment or repeal of a 

provision of the MSA. 

Title I—MAGNUSON-STEVENS ACT AMENDMENTS AND 

REAUTHORIZATION 

Sec. 101. Amendments to definitions 

This section provides a definition of ‘‘depleted’’ and ’’subsistence 

fishing’’ and replaces ‘‘overfished’’ with ‘‘depleted’’. 

Section 102. Authorization of appropriations 

This section extends the most current authorization levels for 

MSA from fiscal year 2018 through 2022. 

Title II—FISHERIES MANAGEMENT FLEXIBILITY AND 

MODERNIZATION 

Section 201. Definitions 

This section provides definitions of ‘‘appropriate committees of 

Congress’’, ‘‘limited access privilege program’’, and ‘‘mixed-use fishery’’. 

Section 202. Process for allocating review for South Atlantic and 

Gulf of Mexico mixed-use fisheries 

This section instructs the Secretary of Commerce to seek to enter 

into an agreement with the National Academy of Sciences (NAS) to 

conduct a study of the South Atlantic and Gulf of Mexico mixeduse fisheries. Specifically, this study would examine the allocation 

of harvestable quota for each sector of a given fishery. The Secretary and NAS would then provide guidance to the South Atlantic 

and Gulf of Mexico Fishery Management Councils on the findings 

of the study. 

Section 203. Alternative fishery management measures 

This section gives NOAA the authority to use alternative fishery 

management measures, such as factors applicable to the recreational fishermen (i.e. recreational fishermen don’t have by-catch) 

when setting management plans for recreational fisheries, or recreational sectors of a mixed-use fishery. 

18 

Section 204. Modification to the Annual Catch Limit requirement 

This section gives Councils the flexibility they need to develop 

fishery management plans that are tailored to regional needs by allowing Councils to consider changes in the ecosystem and the economic needs of the fishing communities when setting Annual Catch 

Limits (ACLs). This will allow flexibility but not allow Councils to 

set ACLs at a level that allows overfishing. This section also adds 

a new exception to the requirement that Councils set an ACL for 

‘‘ecosystem component species’’—those species of fish that are not 

targeted and are caught incidentally if that stock of fish is not subject to overfishing and is not likely to become subject to overfishing. 

It also provides an exemption for those short-lived stocks of fish for 

which a single year class will complete their lifecycle in less than 

eighteen months if fishing mortality will have little impact on the 

stock. 

Section 205. Limitation on future catch share programs 

This section aims to integrate stakeholders into fisheries management by creating a pilot project prohibiting the New England, 

Mid-Atlantic, South Atlantic, and Gulf of Mexico Fishery Management Councils from implementing any new catch share program 

unless it has been approved by an industry referendum vote. Any 

federal permit holder who has fished in at least three of the five 

years preceding the referendum—unless sickness, injury or other 

unavoidable hardship prevented the permit holder from fishing— 

would be eligible to vote in the referendum. Prior to any such referendum vote, the Secretary of Commerce would be required to 

provide all eligible permit holders with a copy of the proposed program, an estimate of the costs of the program (including the costs 

to participants), and an estimate of the amount of fish or percentage of the quota each permit holder would be allocated. Outside of 

the four Councils referenced above, this section prevents the Secretary from implementing a catch share program for any federally 

managed fishery unless first petitioned by a majority of those eligible to participate in the fishery. 

Section 206. Study of limited access privilege programs for mixeduse fisheries 

Limited access privilege programs, while effective in many commercial fisheries, have created challenges in fisheries with heavy 

commercial and recreational components. This section commissions 

a study on the effectiveness of limited access privilege programs in 

managing mixed-use fisheries and recommending policies to address any challenges the report identifies with this management 

structure in mixed-use fisheries. This provision further places a 

moratorium on the establishment of new limited access privilege 

programs for mixed-use fisheries until the report is submitted to 

Congress. 

Section 207. Cooperative data collection 

This section requires the Secretary of Commerce, in consultation 

with the science and statistical committees of the Councils, to submit a report to Congress on facilitating greater incorporation of 

data, analysis, stock assessments, and surveys from State agencies 

and nongovernmental sources such as fishermen, fishing commuVerDate Sep 11 2014 08:02 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR758.XXX HR758
19 

9Fisheries Economics of the United States 2012—Department of Commerce, Feb. 2014, p. 10. 

10 Id, p. 8. 

nities and research institutions. Cooperative data collection will 

help improve the accuracy of fish stock information and data collection and analysis by incorporating data collected by fishermen 

themselves into fisheries management decisions. 

Section 208. Recreational fishing data 

According to a recent NOAA report, roughly twelve million recreational anglers took saltwater fishing trips in the U.S. annually 

from 2003–2012.9 An industry that supported 381,000 American 

jobs in 2012,10 the recreational saltwater fishing industry is a significant economic player. To address the growth of this industry, 

H.R. 200 takes several steps to improve the collection of recreational fishing data to improve management and ensure maximum access to our marine resources by the recreational industry. 

This section specifically: 1) requires the Secretary of Commerce 

to establish partnerships with States to develop best practices for 

implementing State recreational fisheries programs and to develop 

guidance that detail best practices for administering State programs; 2) requires a grant program to States to improve implementation of State recreational data collection programs and requires 

the Secretary to prioritize the grants based on the ability of the 

grant to improve the quality and accuracy of the data collection 

programs; and 3) requires the Secretary to enter into an agreement 

with the National Research Council (NRC) to study the implementation of the existing recreational data collection programs. The 

study must provide an updated assessment of recreational survey 

methods, an evaluation of the extent to which the 2006 NRC’s recommendations have been implemented, and an examination of any 

limitations on the previous and current NOAA recreational data 

collection programs. 

Section 209. Miscellaneous amendments relating to Fishery Management Councils 

To address unique management hurdles for fisheries that occur 

within multiple Fishery Management Councils, this section establishes a ‘‘liaison’’ for each of the New England and Mid-Atlantic 

Councils to ensure continuity of management between the Councils 

on shared stocks. In addition, it requires the Governor of Alaska, 

when submitting nominations for the North Pacific Fishery Management Council, to consult with subsistence interests of the State. 

The section also adds the knowledge of subsistence fishing as a 

qualification that could be required of Council appointees. 

This section works to ensure that fishermen are not adversely 

impacted by red snapper mortality outside of their control. This 

section prohibits the Secretary of Commerce from counting red 

snapper mortality that is a result of the removal of offshore oil rigs 

against the total allowable catch of that fish and from counting 

those fish toward the quota for U.S. fishermen for the purposes of 

closing the fishery when the quota has been reached. 

Illegal, Unreported, and Unregulated fishing is an international 

problem with significant domestic impacts. This section also prohibits the Secretary of Commerce from counting any fish seized 

20 

from a foreign vessel engaging in illegal fishing in the U.S. Exclusive Economic Zone against the total allowable catch for U.S. fishermen. 

Title III—HEALTHY FISHERIES THROUGH BETTER SCIENCE 

Section 301. Healthy fisheries through better science 

This section requires the Secretary of Commerce to develop and 

publish a plan to conduct stock assessments for all stocks of fish 

for which a fishery management plan is in effect. Such plans must 

be developed and published on the same schedule as required for 

the fisheries research strategic plan. A stock assessment is not required for a stock of fish in the plan if the Secretary of Commerce 

determines that the assessment is not necessary and justifies the 

determination in the Federal Register notice. 

Additionally, this section instructs the Secretary of Commerce to 

develop and publish guidelines to incorporate data, analysis, and 

stock assessments from nongovernmental sources into fisheries 

management decisions and to establish a registry of information 

providers. 

Section 302. Transparency and public process 

Transparency and public oversight are key to ensuring that 

NMFS manages our nation’s fisheries to the benefit of the stocks 

and our fishermen. This section works to improve transparency in 

NMFS science and management by requiring Scientific and Statistical Committees (SSCs) develop the scientific advice provided to 

the Councils in a transparent manner and to allow for public involvement in the process. This section also requires that each 

Council, to the extent practicable, provide a webcast, audio recording, or live broadcast of each Council meeting. This section also requires audio, video, searchable audio or written transcript for each 

Council and SSC meeting on the Council’s website not more than 

30 days after the conclusion of the meeting. 

This section also includes a directive for Councils to create a fishery impact statement to coordinate the Council process with existing NEPA requirements. 

Section 303. Flexibility in rebuilding fish stocks 

This section would improve fisheries science by basing fish stock 

rebuilding timeframes on such stock’s biology rather than on an arbitrary, one-size-fits-all deadline. This section specifically: 1) removes the language requiring a 10-year time frame for rebuilding 

overfished/depleted fisheries and replaces it with a requirement 

that the rebuilding timeframe be the time it would take for the 

fishery to rebuild without any fishing occurring plus one mean generation time; 2) allows Councils to phase in rebuilding plans for 

highly dynamic fisheries over a three-year period to lessen the economic harm to fishing communities; 3) replaces the term ‘‘possible’’ 

with ‘‘practicable’’ in the requirement that rebuilding period ‘‘be as 

short as possible’’; and 4) allows Councils to take into account environmental conditions and predator/prey relationships when developing rebuilding plans. 

21 

Section 304. Exempted fishing permits 

Exempted fishing permits (EFPs) can be used to facilitate fisheries science or to explore the possibility of opening a new fishery 

or reopening a closed fishery, but the process has been used to reduce access to fisheries. This provision directs the Secretary of 

Commerce to study an EFP application and certify that it won’t 

negatively impact access to fisheries with existing fishery management plans, won’t have negative socioeconomic impacts, and will 

have a positive impact on fishery management. This section further 

prohibits the establishment of a catch share program through an 

EFP. 

Section 305. Cooperative research and management program 

Cooperative research and management together have the benefits of building trust between fishermen and the government and 

lowering data collection costs. This section expedites the implementation of cooperative research and management program by requiring the Secretary of Commerce to publish a plan for implementing 

and conducting the program. The plan should identify and describe 

critical regional fishery management and research needs, possible 

projects to address the identified needs, and the estimated costs for 

such projects. 

Section 306. Gulf of Mexico fisheries cooperative research and red 

snapper management 

The Gulf of Mexico red snapper is a stock that has become the 

poster child for poor data and management by NMFS. H.R. 200 

makes several revisions to the research and management of this 

species in the Gulf. This section requires the Secretary of Commerce—in conjunction with the Gulf States, the Gulf of Mexico 

Fishery Management Council, and the charter and recreational 

fishing sectors—to develop and implement a real-time reporting 

and data collection program for the Gulf of Mexico red snapper 

fishery using available technology and a cooperative research program for fisheries in the Gulf of Mexico and the South Atlantic regions, giving priority to those fisheries that are considered data 

poor. 

The section further improves the data collection of stocks in the 

Gulf of Mexico by requiring the Secretary of Commerce to develop 

a schedule of stock surveys and stock assessments for the five-year 

period beginning on the date of enactment and for every five-year 

period thereafter, giving priority to those stocks that are commercially or recreationally important and ensuring that each important 

stock is surveyed at least once every five years. The section also 

corrects a discrepancy between management of red snapper by the 

Gulf States by extending State management out to nine nautical 

miles for the recreational sector of the Gulf of Mexico red snapper 

fishery. 

Section 307. Ensuring consistent management for fisheries throughout their range 

This section ensures consistent and transparent fisheries management by affirming that MSA is the ultimate authority in fisheries management in federal waters. Specifically, this section looks 

to minimize conflicts between different offices within NOAA by forVerDate Sep 11 2014 08:02 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR758.XXX HR758
22 

mally stating that the open, transparent, stakeholder-driven fishery management Councils would set fisheries regulations within 

marine National Monuments and National Marine Sanctuaries. 

This section also states that any fishery restrictions necessary to 

implement a recovery plan under the Endangered Species Act of 

1973 (ESA, 16 U.S.C. 1531 et seq.) are done so through the authority of MSA. This section does nothing to rescind or adjust the 

boundaries of any marine National Monument or National Marine 

Sanctuary, nor does this section eliminate species protection under 

ESA. 

Title IV—STRENGTHENING FISHING COMMUNITIES 

Section 401. Estimation of cost of recovery from fishery resource disaster 

This section instructs the Secretary of Commerce, within 30 days 

of declaring a fisheries disaster, to publish a cost estimation for recovery from such disaster. This provision is intended to assist Congress in appropriating fishery disaster funding should a disaster be 

declared by the Secretary. 

Section 402. Deadline for action on request by Governor for determination regarding fishery resource disaster 

This section mandates that the Secretary of Commerce make a 

determination regarding a fishery disaster request submitted by a 

Governor within 90 days of submission. 

Section 403. North Pacific fishery management clarification 

This section expands the existing authority for the State of Alaska, with the concurrence of the Secretary of Commerce, to regulate 

fishing vessels in federal waters off the coast of Alaska if it is operating in a fishery without a current Fishery Management Plan. 

Section 404. Limitation on harvest in North Pacific directed pollock 

fishery 

Many of the provisions in H.R. 200 result in greater flexibility for 

Councils to manage the needs of their region. This section allows 

the North Pacific Fishery Management Council to change the harvest limitation under the American Fisheries Act for entities engaged in the directed Pollock fishery if that percentage does not exceed 24 percent. 

Section 405. Arctic community development quota 

Specific to fisheries managed under the North Pacific Fishery 

Management Council, this provision instructs the Secretary of 

Commerce to set aside 10 percent of the total allowable catch within an Arctic fishery management plan to be used as a ‘‘community 

development quota.’’ This quota would be available to small coastal 

villages located north and east of the Bering Strait. 

Section 406. Reallocation of certain unused harvest allocation 

The Aleut Corporation was granted a pollock allocation, but due 

to regulatory hurdles, is unable to harvest its allocation. This provision ensures that the Aleut Corporation retains control of the allocation irrespective of their ability to harvest it, and directs the 

23 

National Marine Fisheries Service to revise its regulation so that 

the Aleut Corporation may harvest its pollock allocation, keeping 

within the Total Allowable Catch for the fishery. 

COMMITTEE ACTION

H.R. 200 was introduced on January 3, 2017, by Congressman 

Don Young (R–AK). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Water, Power and Oceans. On September 26, 2017, the Subcommittee held a hearing on the bill. On December 12, 2017, the 

Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. Congressman 

Don Young (R–AK) offered an amendment in the nature of a substitute. Congresswoman Madeleine Z. Bordallo (D–GU) offered 

three amendments designated (033), (034), and (035) en bloc to the 

amendment in the nature of a substitute; they were adopted by 

voice vote. Congresswoman Madeleine Z. Bordallo offered an 

amendment designated (006) to the amendment in the nature of a 

substitute; it was not adopted by a roll call vote of 18 ayes and 22 

nays, as follows: 

24 


Insert graphic folio 25 HR758.001

!2/!3i2017 

Committee on Natural Resources 

U.S. House of Representatives 

l 15th Congress 

Meeting on I Amendment on: FC Mark Up on Bordallo_006 to H.R. 200, To amend the Maj,'11Uson-Stevcns Fishery 

Conservation and Management Act to provide flexibility for fishery managers and stability for fishcnnen, and for other 

purposes. "'Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act'' 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Bishop, UT, Chairman X Mr.Cook,CA X 

Alr.GrUalva, AZ, Ranking Member X Mr. Soto. FL X 

~ir. Young, AK, Chairman Emeritus X l\fr. Westerman, AR X 

A1rs. Napolitano, CA X lvfr. McEachin, VA X 

Mr. Gobmert, TX, Vice Chairman Mr. Graves, l,A X 

Ms. Bordallo, Guam X Mr. Brown, A1D X 

Mr. I~amborn, CO X Mr. Hice,GA X 

Mr. Costa, C1 X Mr. Ciay.MO X 

Mr. Wittman, VA Mrs. Radewagen, AS X 

Mr. Sablan. CWdl X kfr. Gomez, CA X 

Mr. McClintock, CA X Mr. LaHood, IL X 

Afs. T.wmgas, it.1A X Mr. Webster, I'L X 

l\Ir. Pearce, NM X Mr. Bergman, :\-11 X 

Mr. Huflinan. CA X 'VIs. Cheney, WY X 

Mr. Thompson, PA X Mr. Johnson, LA X 

Mr. Lmventhal, CA X Ms. Gonz3lez~Col0n, PR X 

'\1r. Gosar, AZ X :\fr. Gianforte, MT X 

Mr. Beyer, VA X 

Mr. Labrador, ID X 

lt1rs. Torre.<,·, C.A X 

Mr. Tipton, CO X 

Mr. Gallego. AZ X 

Mr. La:\1alfa, CA X 

ilfs. Hanabusa, HI X 

Mr. Denham, CA 

Ms. Barragim, CA X TOTAL: 18 22 
25 

Congressman Donald S. Beyer, Jr. (D–VA) offered an amendment 

designated (007) to the amendment in the nature of a substitute; 

it was not adopted by a bipartisan roll call vote of 15 ayes and 23 

nays, as follows: 

26 


Insert graphic folio 27 HR758.002

Date: 12-13-17 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded Vote#: 3 

Meeting on i Amendment on: FC Mark Up on Beyer_007 to H.R. 200, To amend the Magnuson-Stevens Fishery 

Conservation and Management Act to provide flexibility for fishery managers and stability for fishcnnen, and for other 

purposes. '"'Strengthening Fishing Communities and Increasing flexibility in Fisheries Management Act'' 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Bishop, UT, Chairman X Mr.Cook,CA X 

Mr.Grfjalva, AZ, Ranking Member X Mr. Soto, FL X 

Mr. Young, AK, Chairman Emeritus X Mr. \Vesterman, AR X 

Airs. Napolitano, CA X i\1r. lVfcEachin, ·vA X 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

Ms. Bordallo. Guam X Mr. Brmvn. MD X 

Mr. Lamborn, CO X Mr.Hice,GA X 

Mr. Costa, CA X Mr. Clay, MD X 

Mr. Wittman, VA Mrs. Radewagen, AS X 

Mr. Sablan, CNMI X Air. Gomez, CA X 

Mr. McClintock, CA X Mr. LaHood, IL X 

M<>. Tsongas, MA X Mr. Webster, FL X 

l\1r. Pearce, Nr\1 X Mr. Bergman, MI X 

Air. Ht(/Jinan. CA X Ms. Cheney, WY X 

l\fr. Thompson, PA X Mr. Johnson, LA X 

Mr. Lowenthal, CA Ms. Gonzalez-ColOn, PR X 

Mr. Gosar, AZ X 1\'lr. Gianforte, MT X 

Mr. Beyer, VA X 

Mr. Labrador, ID X 

Mrs. Torres, C..-:.4 X 

Mr. Tipton, CO X 

Mr. Gallego, AZ X 

Mr. LaMalfa, CA X 

Nh Hanabusa, HI X 

Mr. Denham, CA X 

Ms. Barragcin, CA TOTAL: 15 23 
27 

Congressman A. Donald McEachin (D–VA) offered an amendment designated (028) to the amendment in the nature of a substitute; it was not adopted by a roll call vote of 17 ayes and 23 

noes, as follows: 

28 


Insert graphic folio 29 HR758.003

Date: 12-13-17 

Committee on Natural Resources 

U.S. House of Representatives 

115th Conb'Tcss 

Recorded Vote #: 4 

Meeting on I Amendment on: FC Mark Up on McEachin_028 to II.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. ·'Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act" 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Bishop, UT, Chairman X Mr. Cook,CA X 

Mr. Grijalva, AZ, Ranking A1ember X Mr. Solo, Fl. X 

Mr. Young~ AK, Chairman }~meritus X Mr. Westerman, AR X 

Mrs. Napolitano, CA X Mr. McEachin, VA X 

Mr. Gohmert, TX, Vice Chairman 1\'Ir. Graves, LA X 

j1fs. Bordallo, Guam X A1r. Brov.n, A1D X 

Mr. Lamborn, CO X I\1r. Hice, GA X 

Mr. Costa, CA X Mr. Clay, MO X 

Mr. Wittman, VA Mrs. Radewagen, AS X 

Mr. Sablan, Clv'Ml X Mr. Gomez, CA X 

Mr. McClintock, CA X Mr. LaHood, IL X 

Ms. Tsonga.\·, MA X Mr. Webster, FL X 

Mr. Pearce, N'VI X Mr. Bergman, Ml X 

Mr. Huffinan, CA X Ms. Cheney, WY X 

Mr. Thompson, PA X Mr. Johnson, LA X 

Mr. Lowenthal, CA X Ms. Gonzalez-Colon PR X 

Mr. Gosar, AZ X Mr. Gianforte, MT X 

Mr. Beyer, VA X 

Mr. Labrador, lD X 

Mrs. Torres, CA X 

Mr. Tipton, CO X 

Mr. Galier<o, AZ X 

Mr. LaMalfa, CA X 

M'l. Hanahu5.'a, HI X 

Mr. Denham, CA X 

Nls. Barragiln, CA TOTAL: 17 23 
29 

Congressman Rau ́l M. Grijalva (D–AZ) offered and withdrew an 

amendment designated (009) to the amendment in the nature of a 

substitute. Congressman Daniel Webster (R–FL) offered an amendment designated (011) to the amendment in the nature of a substitute; it was adopted by voice vote. Congressman Alan S. 

Lowenthal (D–CA) offered an amendment designated (005) to the 

amendment in the nature of a substitute; it was not adopted by a 

roll call vote of 17 ayes and 23 noes, as follows: 

30 


Insert graphic folio 31 HR758.004

Date: 12.13.17 

Committee on Natural Resources 

U.S. House of Representatives 

115th Congress 

Recorded Vote #: 5 

Meeting on I Amendment on: FC Markup Up on Lowenthai_OOS to II.R. 200, To amend the Magnuson-Stevens 

Fishery Conservation and Management Act to provide flexibility for !lshery managers and stability for fisherman, for 

other purposes. "Strengthenin_g Fishing Communities and Increasing Flexibility in Fisheries Management Act." 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Bishop, UT, Chairman X Mr.Cook,CA X 

Mr.Gr(ialva. AZ, Ranking Member X lv/r. Solo. FL X 

1\'lr. Young, AK, Chairman Emeritus X Mr. Westerman, AR X 

Mrs. Napolitano, CA X Air. JV!cEachin, VA X 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA X 

i'vls. Bordallo, Guam X Mr. Brown, MD X 

Mr. Lamborn, CO X Mr.Hice,GA X 

Mr. Costa, CA X Mr. Clay,MO X 

Mr. Wittman, VA Mrs. Radewagen, AS X 

Mr. Sablan, CNMJ X Mr. Gomez, CA X 

Mr. McClintock, CA X Mr. LaHood, IL X 

lt-fs. Tsongas. MA X Mr. Webster, FL X 

Mr. Pearce, NM X Mr. Bergman, MI X 

Mr. Huffman, CA X Ms. Cheney, WY X 

Mr. Thompson, PA X Mr. Johnson, LA X 

Mr. Lowenthal, CA X Ms. Gonzalez-Colon, PR X 

Mr. Gosar, AZ X Mr. Gianforte, MT X 

Mr. Beyer, VA X 

Mr. Labrador, 1D X 

Mrs. Torres, CA X 

Mr. Tipton, CO X 

};Jr. Gallego, AZ X 

Mr. LaMalfa, CA X . 

A1s. Hanabusa, HI X 

Mr. Denham, CA X 

Ms. Barragim, CA TOTAL: 17 23 
31 

Congressman Garret Graves (R–LA) offered an amendment designated (093) to the amendment in the nature of a substitute; it 

was adopted by a bipartisan roll call vote of 35 ayes and 4 noes, 

as follows: 

32 


Insert graphic folio 33 HR758.005

Date: 12-13-17 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded Vote #: 6 

Meeting on/ Amendment on: _FC l\'1ark Up on Graves_093 to H.R. 200, To amend the MagnusonwStevens Fishery 

Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for 

other purposes. ''Strengthening Fishing Communities and lncreasing Flexibility in Fisheries Management Act" 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

M:r. Bishop, UT, Chairman X Mr. Cook,CA X 

Mr.GrUah:a, AZ, Ranking Mt>mber X iMr. Soto, FL X 

Mr. Young. AK, Chairman Emeritus X Mr. Westerman, AR X 

}drs. Napolitano, CA X M~r .. lt1cEachin, VA X 

1\'lr. Gohmert, TX, Vice Chairman Mr. Graves, LA X 

Ms. Borda!lo, Guam lt1r. Brown, lv!D X 

Mr. Lamborn, CO X Mr. Hice,GA X 

Mr. Costa, CA X Mr. Clay, MO X 

Mr. Wittman, VA i\1rs. Radewagen, AS X 

Mr. Sablan, CNMI X ,Mr. Gomez, CA X 

Mr. :11cC!intock, CA X Mr. LaHood, IL X 

Mv. Tsongas. MA X Mr. Webster, :FL X 

Mr. Pearce, N ::\cl X Mr. Bergman, 'VIT X 

Mr. f!u[finan, CA X Ms. Cheney, WY X 

Mr. Thompson, PA X l\'lr. Johnson, LA X 

Mr. Lowenthal, CA X Ms. Gonzalez-Colon, PR X 

Mr. Gosar, AZ X l\1r. Gianforte, MT X 

Mr. Beyer, VA X 

Mr. Labrador, m 

Mrs. Torres, CA X 

Mr. Tipton, CO X 

Mr. Galle~o. AZ • X 

Mr. LaMalfa, CA X 

ills. llanubusa, HI X 

Mr. Denham, CA X 

}.1s. Barra rim, C4 X TOTAL: 35 4 
33 

Congressman Garret Graves offered an amendment designated 

(094) to the amendment in the nature of a substitute; it was adopted by voice vote. Congressman Jared Huffman (D–CA) offered an 

amendment designated (118) to the amendment in the nature of a 

substitute. After a point of order was raised, the amendment was 

withdrawn. No other amendments were offered. The amendment in 

the nature of a substitute, as amended, was adopted by voice vote. 

The bill, as amended, was ordered favorably reported to the House 

of Representatives on December 13, 2017, by a roll call vote of 23 

ayes to 17 noes, as follows: 

34 


Insert graphic folio 35 HR758.006

Date: 12-13-17 

Committee on Natural Resources 

U.S. House of Representatives 

115 th Congress 

Recorded Vote #: 7 

Meeting on I Amendment on: FC Mark Up on Favorably Reporting 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. ·'Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act". 

MEMBERS Yes No Pres :\1EMBERS Yes No Pres 

'\lr. Bishop, UT, Chairman X Mr.Cook,CA X 

Afr.Grijalva, .AZ, Ranking 1\fember X Mr. Soto, FL X 

Mr. Young~ AK, Chairman Emeritus X Mr. Westerman, AR X 

A1rs. Napolitano, CA X Mr. McEachin, VA X 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, l.,A X 

Ms. Bordallo, Guam Mr. BroHm, }vfD X 

Mr. Lamborn, CO X Mr. llice, GA X 

Mr. Costa, CA X 1vl.r. Clav, MO X 

Mr. Wittman, VA 'Mrs. Radewagen, AS X 

Mr. Sah/an, CNMJ X Afr. Gomez, CA X 

'\1r. McClintock, CA X :VIr. LaHood, IL X 

Jv!,. Tsongas. MA X Mr. Webster, FL X 

Mr. Pearce, NI\'1 X Mr. Bergman, :VII X 

1\1r. Hz~ffinan, CA X Ms. Cheney, WY X 

:Vir. Thompson, PA X Mr. Johnson, LA X 

Mr. Lowenthal, CA X Ms. Gonz3Icz-Col0n, PR X 

Mr. Gosar, AZ X Mr. Gianforte, l\1T X 

Mr. Beyer, VA X 

Mr. Labrador,ID X 

Mrs. Torres, CA X 

Mr. Tipton, CO X 

Mr. Gallego, AZ X 

Mr. LaMalfa, CA X 

Ms. Hanabusa, HI X 

Mr. Denham, CA X 

Ms. Barragan, CA X TOTAL: 23 l7 
35 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 24, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 200, the Strengthening 

Fishing Communities and Increasing Flexibility in Fisheries Management Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 200—Strengthening Fishing Communities and Increasing 

Flexibility in Fisheries Management Act 

Summary: H.R. 200 would amend the Magnuson-Stevens Fishery 

Conservation and Management Act, which addresses U.S. fisheries 

management and would authorize the annual appropriation of $397 

million through 2022 for those purposes. The bill also would require the Secretary of Commerce to request that the National 

Academy of Sciences study certain mixed-use fisheries. 

CBO estimates that implementing H.R. 200 would cost about 

$1.4 billion over the 2019–2023 period, assuming appropriation of 

the authorized and necessary amounts. Enacting the bill could increase revenues and direct spending; therefore, pay-as-you-go procedures apply. However, CBO estimates that any such changes 

would have a negligible net effect on the deficit. 

CBO estimates that enacting H.R. 200 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 200 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA). 

The bill would impose a private-sector mandate as defined in 

UMRA by prohibiting shark feeding off the coast of Florida. CBO 

estimates that the cost of the mandate would fall below the annual 

36 

threshold established in UMRA for private-sector mandates ($160 

million in 2018, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 200 is shown in the following table. The costs 

of the legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2019– 

2023 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Magnuson-Stevens Act: 

Authorization Level ............................................. 397 397 397 397 397 0 1,588 

Estimated Outlays .............................................. 0 258 337 385 397 139 1,516 

Studies of Mixed-Use Fisheries: 

Estimated Authorization Level ............................ 0 1 0 0 0 0 1 

Estimated Outlays .............................................. 0 1 0 0 0 0 1 

Total Changes: 

Authorization Level .................................... 397 398 397 397 397 0 1,589 

Estimated Outlays ..................................... 0 259 337 385 397 139 1,517 

H.R. 200 would authorize the appropriation of $397 million in 2018. CBO does not estimate any spending would result from that authoriza- tion because appropriations for 2018 have already been provided. 

Basis of estimate: For this estimate, CBO assumes that H.R. 200 

will be enacted near the end of fiscal year 2018 and that the authorized and estimated amounts will be appropriated for each year. H.R. 200 would authorize the appropriation of $397 million a 

year through 2022 to carry out activities under the Magnuson-Stevens Fishery Conservation and Management Act. The MagnusonStevens Act is the primary law governing the management of marine fisheries in federal waters. That act requires the National Oceanic and Atmospheric Administration (NOAA) to preserve sustainable fish populations in waters off the coasts of the United States 

using various methods, including limiting annual fish harvests and 

enforcing laws that prohibit foreign fishing. In 2017, NOAA received appropriations totaling $538 million to carry out activities 

under the Magnuson-Stevens Act. (NOAA has not yet made a final 

allocation of funding to implement the act for 2018.) 

H.R. 200 would amend the Magnuson-Stevens Act to give Regional Fishery Management Councils additional tools and flexibility 

to manage their fisheries. Amendments include proposed new 

guidelines for incorporating state data and stock assessments into 

fishery management decisions, updating the schedule and process 

of stock assessments, and updating allocation and quota requirements for certain fishing communities. Based on historical spending patterns, CBO estimates that implementing the Magnuson-Stevens Act would cost about $1.5 billion over the 2019–2023 period 

and $71 million after 2023. 

The bill also would require the Secretary of Commerce to enter 

into an agreement with the National Academy of Sciences to conduct research on mixed-use fisheries in the South Atlantic and Gulf 

of Mexico regions and on limited-access-privilege programs for 

mixed-use fisheries. Based on the costs of similar projects, CBO estimates that staff time and travel needed to complete the studies 

would cost $1 million in 2019. 

Pay-As-You-Go considerations: H.R. 200 would create new civil 

and criminal penalties for feeding sharks off the coast of Florida. 

Such penalties are recorded as revenues, deposited into the Crime 

37 

Victims Fund, and later spent without further appropriations action. CBO expects that any additional revenues would not be significant in any year and would be offset by subsequent direct 

spending; therefore, the net effect on the deficit would be negligible. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 200 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2029. 

Mandates: H.R. 200 contains no intergovernmental as defined in 

UMRA. 

The bill would impose a private-sector mandate as defined in 

UMRA by prohibiting shark feeding off the coast of Florida. The 

cost of the mandate would be forgone business revenue by sharkdiving operators who currently feed sharks as part of their services. 

Because not all shark-diving operations rely on shark feeding and 

many operations generate revenue from other activities, CBO estimates that the costs of the mandate would fall below the annual 

threshold established in UMRA for private-sector mandates ($160 

million in 2018, adjusted annually for inflation). 

Estimate prepared by: Federal costs: Robert Reese; Mandates: 

Zach Byrum. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, Deputy 

Assistant Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

38 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Magnuson-Stevens Fishery Conservation and Management Act’’. 

TABLE OF CONTENTS 

Sec. 2. Findings, purposes, and policy. 

Sec. 3. Definitions. 

Sec. 4. Authorization of appropriations. 

Sec. 5. Ensuring consistent fisheries management under certain other Federal laws. 

* * * * * * * 

SEC. 2. FINDINGS, PURPOSES AND POLICY. 

(a) FINDINGS.—The Congress finds and declares the following: 

(1) The fish off the coasts of the United States, the highly 

migratory species of the high seas, the species which dwell on 

or in the Continental Shelf appertaining to the United States, 

and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, 

economy, cultural well-being, and health of the Nation and provide recreational opportunities. 

(2) Certain stocks of fish have declined to the point where 

their survival is threatened, and other stocks of fish have been 

so substantially reduced in number that they could become 

similarly threatened as a consequence of (A) increased fishing 

pressure, (B) the inadequacy of fishery resource conservation 

and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. 

(3) Commercial and recreational fishing constitutes a major 

source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon 

fishing and related activities, and their economies have been 

badly damaged by the overfishing of fishery resources at an 

ever-increasing rate over the past decade. The activities of 

massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing 

gear of United States fishermen. 

(4) International fishery agreements have not been effective 

in preventing or terminating the overfishing of these valuable 

39 

fishery resources. There is danger that irreversible effects from 

overfishing will take place before an effective international 

agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. 

(5) Fishery resources are finite but renewable. If placed 

under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained 

so as to provide optimum yields on a continuing basis. 

(6) A national program for the conservation and management of the fishery resources of the United States is necessary 

to prevent overfishing, to rebuild øoverfished¿ depleted stocks, 

to insure conservation, to facilitate long-term protection of essential fish habitats, and to realize the full potential of the Nation’s fishery resources. 

(7) A national program for the development of fisheries 

which are underutilized or not utilized by the United States 

fishing industry, including bottom fish off Alaska, is necessary 

to assure that our citizens benefit from the employment, food 

supply, and revenue which could be generated thereby. 

(8) The collection of reliable data is essential to the effective 

conservation, management, and scientific understanding of the 

fishery resources of the United States. 

(9) One of the greatest long-term threats to the viability of 

commercial and recreational fisheries is the continuing loss of 

marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation 

and management of fishery resources of the United States. 

(10) Pacific Insular Areas contain unique historical, cultural, 

legal, political, and geographical circumstances which make 

fisheries resources important in sustaining their economic 

growth and traditional ways of life. 

(11) A number of the Fishery Management Councils have 

demonstrated significant progress in integrating ecosystem 

considerations in fisheries management using the existing authorities provided under this Act. 

(12) International cooperation is necessary to address illegal, 

unreported, and unregulated fishing and other fishing practices which may harm the sustainability of living marine resources and disadvantage the United States fishing industry. 

(b) PURPOSES.—It is therefore declared to be the purposes of the 

Congress in this Act— 

(1) to take immediate action to conserve and manage the 

fishery resources found off the coasts of the United States, and 

the anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights 

for the purposes of exploring, exploiting, conserving, and managing all fish, within the exclusive economic zone established 

by Presidential Proclamation 5030, dated March 10, 1983, and 

(B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species and Continental Shelf fishery resources; 

(2) to support and encourage the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species, and to enVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
40 

courage the negotiation and implementation of additional such 

agreements as necessary; 

(3) to promote domestic commercial øand recreational¿, recreational, and subsistence fishing under sound conservation 

and management principles, including the promotion of catch 

and release programs in recreational fishing; 

(4) to provide for the preparation and implementation, in accordance with national standards, of fishery management 

plans which will achieve and maintain, on a continuing basis, 

the optimum yield from each fishery; 

(5) to establish Regional Fishery Management Councils to 

exercise sound judgment in the stewardship of fishery resources through the preparation, monitoring, and revision of 

such plans under circumstances (A) which will enable the 

States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and 

advise on, the establishment and administration of such plans, 

and (B) which take into account the social and economic needs 

of the States; 

(6) to encourage the development by the United States fishing industry of fisheries which are currently underutilized or 

not utilized by United States fishermen, including bottom fish 

off Alaska, and to that end, to ensure that optimum yield determinations promote such development in a non-wasteful 

manner; and 

(7) to promote the protection of essential fish habitat in the 

review of projects conducted under Federal permits, licenses, or 

other authorities that affect or have the potential to affect such 

habitat. 

(c) POLICY.—It is further declared to be the policy of the Congress in this Act— 

(1) to maintain without change the existing territorial or 

other ocean jurisdiction of the United States for all purposes 

other than the conservation and management of fishery resources, as provided for in this Act; 

(2) to authorize no impediment to, or interference with, recognized legitimate uses of the high seas, except as necessary 

for the conservation and management of fishery resources, as 

provided for in this Act; 

(3) to assure that the national fishery conservation and management program utilizes, and is based upon, the best scientific information available; involves, and is responsive to the 

needs of, interested and affected States and citizens; considers 

efficiency; draws upon Federal, State, and academic capabilities in carrying out research, administration, management, and 

enforcement; considers the effects of fishing on immature fish 

and encourages development of practical measures that minimize bycatch and avoid unnecessary waste of fish; and is workable and effective; 

(4) to permit foreign fishing consistent with the provisions of 

this Act; 

(5) to support and encourage active United States efforts to 

obtain internationally acceptable agreements which provide for 

effective conservation and management of fishery resources, 

41 

and to secure agreements to regulate fishing by vessels or persons beyond the exclusive economic zones of any nation; 

(6) to foster and maintain the diversity of fisheries in the 

United States; and 

(7) to ensure that the fishery resources adjacent to a Pacific 

Insular Area, including resident or migratory stocks within the 

exclusive economic zone adjacent to such areas, be explored, 

developed, conserved, and managed for the benefit of the people of such area and of the United States. 

SEC. 3. DEFINITIONS. 

As used in this Act, unless the context otherwise requires— 

(1) The term ‘‘anadromous species’’ means species of fish 

which spawn in fresh or estuarine waters of the United States 

and which migrate to ocean waters. 

(2) The term ‘‘bycatch’’ means fish which are harvested in a 

fishery, but which are not sold or kept for personal use, and 

includes economic discards and regulatory discards. Such term 

does not include fish released alive under a recreational catch 

and release fishery ømanagement program¿. (2a) The term ‘‘catch share’’ means any fishery management 

program that allocates a specific percentage of the total allowable catch for a fishery, or a specific fishing area, to an individual, cooperative, community, processor, representative of a 

commercial sector, or regional fishery association established in 

accordance with section 303A(c)(4), or other entity. 

(3) The term ‘‘charter fishing’’ means fishing from a vessel 

carrying a passenger for hire (as defined in section 2101(21a) 

of title 46, United States Code) who is engaged in recreational 

fishing. 

(4) The term ‘‘commercial fishing’’ means fishing in which 

the fish harvested, either in whole or in part, are intended to 

enter commerce or enter commerce through sale, barter or 

trade. 

(5) The term ‘‘conservation and management’’ refers to all of 

the rules, regulations, conditions, methods, and other measures 

(A) which are required to rebuild, restore, or maintain, and 

which are useful in rebuilding, restoring, or maintaining, any 

fishery resource and the marine environment; and (B) which 

are designed to assure that— 

(i) a supply of food and other products may be taken, 

and that recreational benefits may be obtained, on a continuing basis; 

(ii) irreversible or long-term adverse effects on fishery 

resources and the marine environment are avoided; and 

(iii) there will be a multiplicity of options available with 

respect to future uses of these resources. 

(6) The term ‘‘Continental Shelf’’ means the seabed and subsoil of the submarine areas adjacent to the coast, but outside 

the area of the territorial sea, of the United States, to a depth 

of 200 meters or, beyond that limit, to where the depth of the 

superjacent waters admits of the exploitation of the natural resources of such areas. 

(7) The term ‘‘Continental Shelf fishery resources’’ means the 

following: 

42 

COLENTERATA

Bamboo Coral—Acanella spp.; 

Black Coral—Antipathes spp.; 

Gold Coral—Callogorgia spp.; 

Precious Red Coral—Corallium spp.; 

Bamboo Coral—Keratoisis spp.; and 

Gold Coral—Parazoanthus spp. 

CRUSTACEA

Tanner Crab—Chionoecetes tanneri; 

Tanner Crab—Chionoecetes opilio; 

Tanner Crab—Chionoecetes angulatus; 

Tanner Crab—Chionoecetes bairdi; 

King Crab—Paralithodes camtschatica; 

King Crab—Paralithodes platypus; 

King Crab—Paralithodes brevipes; 

Lobster—Homarus americanus; 

Dungeness Crab—Cancer magister; 

California King Crab—Paralithodes californiensis; 

California King Crab—Paralithodes rathbuni; 

Golden King Crab—Lithodes aequispinus; 

Northern Stone Crab—Lithodes maja; 

Stone Crab—Menippe mercenaria; and 

Deep-sea Red Crab—Chaceon quinquedens. 

MOLLUSKS

Red Abalone—Haliotis rufescens; 

Pink Abalone—Haliotis corrugata; 

Japanese Abalone—Haliotis kamtschatkana; 

Queen Conch—Strombus gigas; 

Surf Clam—Spisula solidissima, and 

Ocean Quahog—Arctica islandica. 

SPONGES

Glove Sponge—Spongia cheiris 

Sheepswool Sponge—Hippiospongia lachne; 

Grass Sponge—Spongia graminea; and 

Yellow Sponge—Spongia barbera. 

If the Secretary determines, after consultation with the Secretary of State, that living organisms of any other sedentary 

species are, at the harvestable stage, either— 

(A) immobile on or under the seabed, or 

(B) unable to move except in constant physical contact 

with the seabed or subsoil, 

of the Continental Shelf which appertains to the United States, 

and publishes notice of such determination in the Federal Register, such sedentary species shall be considered to be added to 

the foregoing list and included in such term for purposes of 

this Act. 

(8) The term ‘‘Council’’ means any Regional Fishery Management Council established under section 302. 

(8a) The term ‘‘depleted’’ means, with respect to a stock of fish 

or stock complex, that the stock or stock complex has a biomass 

that has declined below a level that jeopardizes the capacity of 

43 

the stock or stock complex to produce maximum sustainable 

yield on a continuing basis. 

(9) The term ‘‘economic discards’’ means fish which are the 

target of a fishery, but which are not retained because they are 

of an undesirable size, sex, or quality, or for other economic 

reasons. 

(10) The term ‘‘essential fish habitat’’ means those waters 

and substrate necessary to fish for spawning, breeding, feeding 

or growth to maturity, except that such term shall not include 

any area previously covered by land or a fresh water environment in a State where the average annual land loss of such 

State during the 20 years before the date of the enactment of the 

Strengthening Fishing Communities and Increasing Flexibility 

in Fisheries Management Act exceeds 10 square miles. 

(11) The term ‘‘exclusive economic zone’’ means the zone established by Proclamation Numbered 5030, dated March 10, 

1983. For purposes of applying this Act, the inner boundary of 

that zone is a line coterminous with the seaward boundary of 

each of the coastal States. 

(12) The term ‘‘fish’’ means finfish, mollusks, crustaceans, 

and all other forms of marine animal and plant life other than 

marine mammals and birds. 

(13) The term ‘‘fishery’’ means— 

(A) one or more stocks of fish which can be treated as 

a unit for purposes of conservation and management and 

which are identified on the basis of geographical, scientific, 

technical, recreational, and economic characteristics; and 

(B) any fishing for such stocks. 

(14) The term ‘‘regional fishery association’’ means an association formed for the mutual benefit of members— 

(A) to meet social and economic needs in a region or subregion; and 

(B) comprised of persons engaging in the harvest or 

processing of fishery resources in that specific region or 

subregion or who otherwise own or operate businesses substantially dependent upon a fishery. 

(15) The term ‘‘fishery resource’’ means any fishery, any 

stock of fish, any species of fish, and any habitat of fish. 

(16) The term ‘‘fishing’’ means— 

(A) the catching, taking, or harvesting of fish; 

(B) the attempted catching, taking, or harvesting of fish; 

(C) any other activity which can reasonably be expected 

to result in the catching, taking, or harvesting of fish; or 

(D) any operations at sea in support of, or in preparation 

for, any activity described in subparagraphs (A) through 

(C). 

Such term does not include any scientific research activity 

which is conducted by a scientific research vessel. 

(17) The term ‘‘fishing community’’ means a community 

which is substantially dependent on or substantially engaged 

in the harvest or processing of fishery resources to meet social 

and economic needs, and includes fishing vessel owners, operators, and crew and United States fish processors that are based 

in such community. 

44 

(18) The term ‘‘fishing vessel’’ means any vessel, boat, ship, 

or other craft which is used for, equipped to be used for, or of 

a type which is normally used for— 

(A) fishing; or 

(B) aiding or assisting one or more vessels at sea in the 

performance of any activity relating to fishing, including, 

but not limited to, preparation, supply, storage, refrigeration, transportation, or processing. 

(19) The term ‘‘foreign fishing’’ means fishing by a vessel 

other than a vessel of the United States. 

(20) The term ‘‘high seas’’ means all waters beyond the territorial sea of the United States and beyond any foreign nation’s 

territorial sea, to the extent that such sea is recognized by the 

United States. 

(21) The term ‘‘highly migratory species’’ means tuna species, 

marlin (Tetrapturus spp. and Makaira spp.), oceanic sharks, 

sailfishes (Istiophorus spp.), and swordfish (Xiphias gladius). 

(22) The term ‘‘import’’— 

(A) means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place 

subject to the jurisdiction of the United States, whether or 

not such landing, bringing, or introduction constitutes an 

importation within the meaning of the customs laws of the 

United States; but 

(B) does not include any activity described in subparagraph (A) with respect to fish caught in the exclusive economic zone or by a vessel of the United States. 

(23) The term ‘‘individual fishing quota’’ means a Federal 

permit under a limited access system to harvest a quantity of 

fish, expressed by a unit or units representing a percentage of 

the total allowable catch of a fishery that may be received or 

held for exclusive use by a person. Such term does not include 

community development quotas as described in section 305(i). 

(24) The term ‘‘international fishery agreement’’ means any 

bilateral or multilateral treaty, convention, or agreement 

which relates to fishing and to which the United States is a 

party. 

(25) The term ‘‘large-scale driftnet fishing’’ means a method 

of fishing in which a gillnet composed of a panel or panels of 

webbing, or a series of such gillnets, with a total length of two 

and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of 

entangling fish in the webbing. 

(26) The term ‘‘limited access privilege’’— 

(A) means a Federal permit, issued as part of a limited 

access system under section 303A to harvest a quantity of 

fish expressed by a unit or units representing a portion of 

the total allowable catch of the fishery that may be received or held for exclusive use by a person; and 

(B) includes an individual fishing quota; but 

(C) does not include community development quotas as 

described in section 305(i). 

(27) The term ‘‘limited access system’’ means a system that 

limits participation in a fishery to those satisfying certain eligiVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00044 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
45 

bility criteria or requirements contained in a fishery management plan or associated regulation. 

(28) The term ‘‘Marine Fisheries Commission’’ means the Atlantic States Marine Fisheries Commission, the Gulf States 

Marine Fisheries Commission, or the Pacific Marine Fisheries 

Commission. 

(29) The term ‘‘migratory range’’ means the maximum area 

at a given time of the year within which fish of an anadromous 

species or stock thereof can be expected to be found, as determined on the basis of scale pattern analysis, tagging studies, 

or other reliable scientific information, except that the term 

does not include any part of such area which is in the waters 

of a foreign nation. 

(30) The term ‘‘national standards’’ means the national 

standards for fishery conservation and management set forth 

in section 301. 

(31) The term ‘‘observer’’ means any person required or authorized to be carried on a vessel for conservation and management purposes by regulations or permits under this Act. 

(32) The term ‘‘observer information’’ means any information 

collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, 

including fish harvest or processing observations, fish sampling 

or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating 

condition observations), and video, audio, photographic, or 

written documents. 

(33) The term ‘‘optimum’’, with respect to the yield from a 

fishery, means the amount of fish which— 

(A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems; 

(B) is prescribed on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant social, economic, or ecological factor; and 

(C) in the case of an øoverfished¿ depleted fishery, provides for rebuilding to a level consistent with producing 

the maximum sustainable yield in such fishery. 

(34) øThe terms ‘‘overfishing’’ and ‘‘overfished’’ mean¿ The 

term ‘‘overfishing’’ means a rate or level of fishing mortality 

that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis. 

(35) The term ‘‘Pacific Insular Area’’ means American 

Samoa, Guam, the Northern Mariana Islands, Baker Island, 

Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, 

Midway Island, Wake Island, or Palmyra Atoll, as applicable, 

and includes all islands and reefs appurtenant to such island, 

reef, or atoll. 

(36) The term ‘‘person’’ means any individual (whether or not 

a citizen or national of the United States), any corporation, 

partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any FedVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
46 

eral, State, local, or foreign government or any entity of any 

such government. 

(37) The term ‘‘recreational fishing’’ means fishing for sport 

or pleasure. 

(38) The term ‘‘regulatory discards’’ means fish harvested in 

a fishery which fishermen are required by regulation to discard 

whenever caught, or are required by regulation to retain but 

not sell. 

(39) The term ‘‘Secretary’’ means the Secretary of Commerce 

or his designee. 

(40) The term ‘‘special areas’’ means the areas referred to as 

eastern special areas in Article 3(1) of the Agreement between 

the United States of America and the Union of Soviet Socialist 

Republics on the Maritime Boundary, signed June 1, 1990; in 

particular, the term refers to those areas east of the maritime 

boundary, as defined in that Agreement, that lie within 200 

nautical miles of the baselines from which the breadth of the 

territorial sea of Russia is measured but beyond 200 nautical 

miles of the baselines from which the breadth of the territorial 

sea of the United States is measured. 

(41) The term ‘‘special areas’’ means the areas referred to as 

eastern special areas in Article 3(1) of the Agreement between 

the United States of America and the Union of Soviet Socialist 

Republics on the Maritime Boundary, signed June 1, 1990. In 

particular, the term refers to those areas east of the maritime 

boundary, as defined in that Agreement, that lie within 200 

nautical miles of the baselines from which the breadth of the 

territorial sea of Russia is measured but beyond 200 nautical 

miles of the baselines from which the breadth of the territorial 

sea of the United States is measured. 

(42) The term ‘‘State’’ means each of the several States, the 

District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. 

(43) The term ‘‘stock assessment’’ means an evaluation of the 

past, present, and future status of a stock of fish, that includes— 

(A) a range of life history characteristics for such stock, 

including— 

(i) the geographical boundaries of such stock; and 

(ii) information on age, growth, natural mortality, 

sexual maturity and reproduction, feeding habits, and 

habitat preferences of such stock; and 

(B) fishing for the stock. 

ø(43)¿ (44) The term ‘‘stock of fish’’ means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. 

ƒ(43a)≈ (45)(A) The term ‘‘subsistence fishing’’ means fishing 

in which the fish harvested are intended for customary and traditional uses, including for direct personal or family consumption as food or clothing; for the making or selling of handicraft 

articles out of nonedible byproducts taken for personal or family 

consumption, for barter, or sharing for personal or family consumption; and for customary exchange or trade. 

(B) In this paragraph— 

47 

(i) the term ‘‘family’’ means all persons related by blood, 

marriage, or adoption, or any person living within the 

household on a permanent basis; and 

(ii) the term ‘‘barter’’ means the exchange of a fish or fish 

part— 

(I) for another fish or fish part; or 

(II) for other food or for nonedible items other than 

money if the exchange is of a limited and noncommercial nature. 

ø(44)¿ (46) The term ‘‘treaty’’ means any international fishery agreement which is a treaty within the meaning of section 

2 of article II of the Constitution. 

ø(45)¿ (47) The term ‘‘tuna species’’ means the following: 

Albacore Tuna—Thunnus alalunga; 

Bigeye Tuna—Thunnus obesus; 

Bluefin Tuna—Thunnus thynnus; 

Skipjack Tuna—Katsuwonus pelamis; and 

Yellowfin Tuna—Thunnus albacares. 

ø(46)¿ (48) The term ‘‘United States’’, when used in a geographical context, means all the States thereof. 

ø(47)¿ (49) The term ‘‘United States fish processors’’ means 

facilities located within the United States for, and vessels of 

the United States used or equipped for, the processing of fish 

for commercial use or consumption. 

ø(48)¿ (50) The term ‘‘United States harvested fish’’ means 

fish caught, taken, or harvested by vessels of the United States 

within any fishery for which a fishery management plan prepared under title III or a preliminary fishery management plan 

prepared under section 201(h) has been implemented. 

ø(49)¿ (51) The term ‘‘vessel subject to the jurisdiction of the 

United States’’ has the same meaning such term has in section 

3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. 

App. 1903(c)). 

ø(50)¿ (52) The term ‘‘vessel of the United States’’ means— 

(A) any vessel documented under chapter 121 of title 46, 

United States Code; 

(B) any vessel numbered in accordance with chapter 123 

of title 46, United States Code, and measuring less than 

5 net tons; 

(C) any vessel numbered in accordance with chapter 123 

of title 46, United States Code, and used exclusively for 

pleasure; or 

(D) any vessel not equipped with propulsion machinery 

of any kind and used exclusively for pleasure. 

ø(33)¿ (53) The term ‘‘waters of a foreign nation’’ means any 

part of the territorial sea or exclusive economic zone (or the 

equivalent) of a foreign nation, to the extent such territorial 

sea or exclusive economic zone is recognized by the United 

States. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to carry 

out the provisions of øthis Act—¿ 

ø(1) $337,844,000 for fiscal year 2007; 

ø(2) $347,684,000 for fiscal year 2008; 

ø(3) $357,524,000 for fiscal year 2009; 

48 

ø(4) $367,364,000 for fiscal year 2010; 

ø(5) $377,204,000 for fiscal year 2011; 

ø(6) $387,044,000 for fiscal year 2012; and 

ø(7)¿ this Act $396,875,000 for øfiscal year 2013¿ each of fiscal years 2018 through 2022. 

SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER 

CERTAIN OTHER FEDERAL LAWS. 

(a) NATIONAL MARINE SANCTUARIES ACT AND ANTIQUITIES ACT

OF.—In any case of a conflict between this Act and the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or the Antiquities Act 

of 1906 (54 U.S.C. 320301 et seq.), this Act shall control. 

(b) FISHERIES RESTRICTIONS UNDER ENDANGERED SPECIES ACT

OF.—To ensure transparency and consistent management of fisheries throughout their range, any restriction on the management of 

fish in the exclusive economic zone that is necessary to implement 

a recovery plan under the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.) shall be implemented— 

(1) using authority under this Act; and 

(2) in accordance with processes and time schedules required 

under this Act. 

TITLE I—UNITED STATES RIGHTS AND AUTHORITY 

REGARDING FISH AND FISHERY RESOURCES 

* * * * * * * 

SEC. 102. HIGHLY MIGRATORY SPECIES. 

(a) IN GENERAL.—The United States shall cooperate directly or 

through appropriate international organizations with those nations 

involved in fisheries for highly migratory species with a view to ensuring conservation and shall promote the achievement of optimum 

yield of such species throughout their range, both within and beyond the exclusive economic zone. 

(b) TRADITIONAL PARTICIPATION.—In managing any fisheries 

under an international fisheries agreement to which the United 

States is a party, the appropriate Council or Secretary shall take 

into account the traditional participation in the fishery, relative to 

other nations, by fishermen of the United States on fishing vessels 

of the United States. 

(c) PROMOTION OF STOCK MANAGEMENT.—If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an øoverfished¿ depleted stock, or a stock that is approaching a condition of being 

øoverfished¿ depleted, the provisions of this Act in this regard shall 

be communicated to and promoted by the United States in the 

international or regional fisheries organization. 

* * * * * * * 

TITLE III—NATIONAL FISHERY MANAGEMENT 

PROGRAM 

SEC. 301. NATIONAL STANDARDS FOR FISHERY CONSERVATION AND 

MANAGEMENT. 

(a) IN GENERAL.—Any fishery management plan prepared, and 

any regulation promulgated to implement any such plan, pursuant 

49 

to this title shall be consistent with the following national standards for fishery conservation and management: 

(1) Conservation and management measures shall prevent 

over-fishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry. 

(2) Conservation and management measures shall be based 

upon the best scientific information available. 

(3) To the extent practicable, an individual stock of fish shall 

be managed as a unit throughout its range, and interrelated 

stocks of fish shall be managed as a unit or in close coordination. 

(4) Conservation and management measures shall not discriminate between residents of different States. If it becomes 

necessary to allocate or assign fishing privileges among various 

United States fishermen, such allocation shall be (A) fair and 

equitable to all such fishermen; (B) reasonably calculated to 

promote conservation; and (C) carried out in such manner that 

no particular individual, corporation, or other entity acquires 

an excessive share of such privileges. 

(5) Conservation and management measures shall, where 

practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose. 

(6) Conservation and management measures shall take into 

account and allow for variations among, and contingencies in, 

fisheries, fishery resources, and catches. 

(7) Conservation and management measures shall, where 

practicable, minimize costs and avoid unnecessary duplication. 

(8) Conservation and management measures shall, consistent 

with the conservation requirements of this Act (including the 

prevention of overfishing and rebuilding of øoverfished¿ depleted stocks), take into account the importance of fishery resources to fishing communities by utilizing economic and social 

data that meet the requirements of paragraph (2), in order to 

(A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities. 

(9) Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch. 

(10) Conservation and management measures shall, to the 

extent practicable, promote the safety of human life at sea. 

(b) The Secretary shall establish advisory guidelines (which shall 

not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans. 

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS. 

(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 

50 

seaward of such States (except as provided in paragraph (3)). 

The New England Council shall have ø18¿ 19 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) and a liaison who is a member of the MidAtlantic Fishery Management Council to represent the interests 

of fisheries under the jurisdiction of such Council. 

(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 ø21¿ 22 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) 

and a liaison who is a member of the New England Fishery 

Management Council to represent the interests of fisheries 

under the jurisdiction of such Council. 

(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 

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51 

fornia, 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 

seward 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 øor recreational¿, recreational, or subsistence fishing 

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. 

52 

(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, and in 

the case of the Governor of Alaska with the subsistence 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 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. 

53 

(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. 

54 

(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 paragraphs (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). 

(c) NONVOTING MEMBERS.—(1) The nonvoting members of each 

Council shall be: 

(A) The regional or area director of the United States Fish 

and Wildlife Service for the geographical area concerned, or his 

designee. 

(B) The commander of the Coast Guard district for the geographical area concerned, or his designee; except that, if two 

Coast Guard districts are within such geographical area, the 

commander designated for such purpose by the commandant of 

the Coast Guard. 

(C) The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his designee. 

(D) One representative of the Department of State designated for such purpose by the Secretary of State, or his designee. 

(2) The Pacific Council shall have one additional nonvoting member who shall be appointed by, and serve at the pleasure of, the 

Governor of Alaska. 

(d) COMPENSATION AND EXPENSES.—The voting members of each 

Council who are required to be appointed by the Secretary and who 

are not employed by the Federal Government or any State or local 

government, shall receive compensation at the daily rate for GS– 

15, step 7 of the General Schedule, when engaged in the actual performance of duties for such Council. The voting members of each 

Council, any nonvoting member described in subsection (c)(1)(C), 

and the nonvoting member appointed pursuant to subsection (c)(2) 

shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council 

staff members may be reimbursed for actual expenses. 

(e) TRANSACTION OF BUSINESS.— 

(1) A majority of the voting members of any Council shall 

constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any 

Council shall be by majority vote of the voting members 

present and voting. 

(2) The voting members of each Council shall select a Chairman for such Council from among the voting members. 

55 

(3) Each Council shall meet at appropriate times and places 

in any of the constituent States of the Council at the call of the 

Chairman or upon the request of a majority of its voting members. 

(4) If any voting member of a Council disagrees with respect 

to any matter which is transmitted to the Secretary by such 

Council, such member may submit a statement to the Secretary setting forth the reasons for such disagreement. The regional director of the National Marine Fisheries Service serving on the Council, or the regional director’s designee, shall 

submit such a statement, which shall be made available to the 

public upon request, if the regional director disagrees with any 

such matter. 

(5) At the request of any voting member of a Council, the 

Council shall hold a roll call vote on any matter before the 

Council. The official minutes and other appropriate records of 

any Council meeting shall identify all roll call votes held, the 

name of each voting member present during each roll call vote, 

and how each member voted on each roll call vote. 

(f) STAFF AND ADMINISTRATION.— 

(1) Each Council may appoint, and assign duties to, an executive director and such other full- and part-time administrative 

employees as the Secretary determines are necessary to the 

performance of its functions. 

(2) Upon the request of any Council, and after consultation 

with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of 

the personnel of such agency, to assist such Council in the performance of its functions under this Act. 

(3) The Secretary shall provide to each Council such administrative and technical support services as are necessary for 

the effective functioning of such Council. 

(4) The Administrator of General Services shall furnish each 

Council with such offices, equipment, supplies, and services as 

he is authorized to furnish to any other agency or instrumentality of the United States. 

(5) The Secretary and the Secretary of State shall furnish 

each Council with relevant information concerning foreign fishing and international fishery agreements. 

(6) Each Council shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, in accordance with such uniform standards as are prescribed by the Secretary. The procedures of a 

Council, and of its scientific and statistical committee and advisory panels established under subsection (g), must be consistent with the procedural guidelines set forth in subsection 

(i)(2). Each Council shall publish and make available to the 

public a statement of its organization, practices, and procedures. 

(7) The Secretary shall pay— 

(A) the compensation and expenses provided for in subsection (d); 

(B) appropriate compensation to employees appointed 

under paragraph (1); 

56 

(C) the amounts required for reimbursement of other 

Federal agencies under paragraphs (2) and (4); 

(D) the actual expenses of the members of the committees and panels established under subsection (g); and 

(E) such other costs as the Secretary determines are necessary to the performance of the functions of the Councils. 

(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. 

Each scientific and statistical committee shall develop such advice in a transparent manner and allow 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. 

57 

(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 

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58 

able level of foreign fishing in, each fishery (except as provided 

in subsection (a)(3)) within its geographical area of authority; 

and 

(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 Councilø; 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 targets, and harvest control rules, in developing a 

fishery management plan, plan amendment, or proposed regulations; and 

ø(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, and 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. 

59 

(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) Each Council shall make available on the Internet Web 

site of the Council— 

(i) to the extent practicable, a Webcast, an audio recording, or a live broadcast of each meeting of the Council, and 

of the Council Coordination Committee established under 

subsection (l), that is not closed in accordance with paragraph (3); and 

(ii) audio, video (if the meeting was in person or by video 

conference), or a searchable audio or written transcript of 

each meeting of the Council and of the meetings of committees referred to in section (g)(1)(B) of the Council by not 

later than 30 days after the conclusion of the meeting. 

(H) The Secretary shall maintain and make available to the 

public an archive of Council and scientific and statistical committee meeting audios, videos, and transcripts made available 

under clauses (i) and (ii) of subparagraph (G). 

(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. 

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 notify local newspapers in the major fishing ports within its 

region (and in other major, affected fishing ports), including in that 

60 

notification the time and place of the meeting. This subparagraph 

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. 

(j) DISCLOSURE OF FINANCIAL INTEREST.— 

(1) For the purposes of this subsection— 

(A) the term ‘‘affected individual’’ means an individual 

who— 

(i) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2); or 

(ii) is a voting member of a Council appointed— 

(I) under subsection (b)(2); or 

(II) under subsection (b)(5) who is not subject to 

disclosure and recusal requirements under the 

laws of an Indian tribal government; and 

(B) the term ‘‘designated official’’ means a person with 

expertise in Federal conflict-of-interest requirements who 

is designated by the Secretary, in consultation with the 

Council, to attend Council meetings and make determinations under paragraph (7)(B). 

(2) Each affected individual must disclose any financial interest 

held by— 

(A) that individual; 

(B) the spouse, minor child, or partner of that individual; 

and 

(C) any organization (other than the Council) in which that 

individual is serving as an officer, director, trustee, partner, or 

employee; 

in any harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within any fishery over 

61 

which the Council concerned has jurisdiction, or with respect to an 

individual or organization with a financial interest in such activity. 

(3) The disclosure required under paragraph (2) shall be made— 

(A) in the case of an affected individual referred to in paragraph (1)(A)(i), before appointment by the Secretary; and 

(B) in the case of an affected individual referred to in paragraph (1)(A)(ii), within 45 days of taking office. 

(4) An affected individual referred to in paragraph (1)(A)(ii) must 

update his or her disclosure form at any time any such financial 

interest is acquired, or substantially changed, by any person referred to in paragraph (2)(A), (B), or (C). 

(5) The financial interest disclosures required by this subsection 

shall— 

(A) be made on such forms, in accordance with such procedures, and at such times, as the Secretary shall by regulation 

prescribe; 

(B) be kept on file by the Council and made available on the 

Internet and for public inspection at the Council offices during 

reasonable hours; and 

(C) be kept on file by the Secretary for use in reviewing determinations under paragraph (7)(B) and made available for 

public inspection at reasonable hours. 

(6) The participation by an affected individual referred to in 

paragraph (1)(A)(ii) in an action by a Council during any time in 

which that individual is not in compliance with the regulations prescribed under paragraph (5) may not be treated as cause for the 

invalidation of that action. 

(7)(A) After the effective date of regulations promulgated 

under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph 

(2) shall not vote on a Council decision which would have a significant and predictable effect on such financial interest. A 

Council decision shall be considered to have a significant and 

predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of 

the affected individual relative to the financial interests of 

other participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate 

in Council deliberations relating to the decision after notifying 

the Council of the voting recusal and identifying the financial 

interest that would be affected. 

(B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a determination for the record whether a 

Council decision would have a significant and predictable effect 

on a financial interest. 

(C) Any Council member may submit a written request to 

the Secretary to review any determination by the designated 

official under subparagraph (B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the request. 

(D) Any affected individual who does not vote in a Council 

decision in accordance with this subsection may state for the 

62 

record how he or she would have voted on such decision if he 

or she had voted. 

(E) If the Council makes a decision before the Secretary has 

reviewed a determination under subparagraph (C), the eventual ruling may not be treated as cause for the invalidation or 

reconsideration by the Secretary of such decision. 

(F) The Secretary, in consultation with the Councils and by 

not later than one year from the date of enactment of the Sustainable Fisheries Act, shall promulgate regulations which prohibit an affected individual from voting in accordance with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C). 

(8) Section 208 of title 18, United States Code, does not apply to 

an affected individual referred to in paragraph (1)(A)(ii) during any 

time in which that individual is in compliance with the regulations 

prescribed under paragraph (5). 

(9) On January 1, 2008, and annually thereafter, the Secretary 

shall submit a report to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives 

Committee on Resources on action taken by the Secretary and the 

Councils to implement the disclosure of financial interest and 

recusal requirements of this subsection, including identification of 

any conflict of interest problems with respect to the Councils and 

scientific and statistical committees and recommendations for addressing any such problems. 

(k) COUNCIL TRAINING PROGRAM.— (1) TRAINING COURSE.—Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and 

Management Reauthorization Act of 2006, the Secretary, in 

consultation with the Councils and the National Sea Grant 

College Program, shall develop a training course for newly appointed Council members. The course may cover a variety of 

topics relevant to matters before the Councils, including— 

(A) fishery science and basic stock assessment methods; 

(B) fishery management techniques, data needs, and 

Council procedures; 

(C) social science and fishery economics; 

(D) tribal treaty rights and native customs, access, and 

other rights related to Western Pacific indigenous communities; 

(E) legal requirements of this Act, including conflict of 

interest and disclosure provisions of this section and related policies; 

(F) other relevant legal and regulatory requirements, including the National Environmental Policy Act (42 U.S.C. 

4321 et seq.); 

(G) public process for development of fishery management plans; 

(H) other topics suggested by the Council; and 

(I) recreational and commercial fishing information, including fish harvesting techniques, gear types, fishing vessel types, and economics for the fisheries within each 

Council’s jurisdiction. 

(2) MEMBER TRAINING.—The training course shall be available to both new and existing Council members, staff from the 

63 

regional offices and regional science centers of the National 

Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow. 

(3) REQUIRED TRAINING.—Council members appointed after 

the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall 

complete a training course that meets the requirements of this 

section not later than 1 year after the date on which they were 

appointed. Any Council member who has completed a training 

course within 24 months before the date of enactment of the 

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall be considered to have met the 

training requirement of this paragraph. 

(l) COUNCIL COORDINATION COMMITTEE.—The Councils may establish a Council coordination committee consisting of the chairs, 

vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in 

order to discuss issues of relevance to all Councils, including issues 

related to the implementation of this Act. 

(m) CONSIDERATIONS FOR MODIFICATIONS TO ANNUAL CATCH

LIMIT REQUIREMENTS.— 

(1) ANNUAL CATCH LIMIT REQUIREMENT FOR CERTAIN DATAPOOR FISHERIES.—Notwithstanding subsection (h)(6), in the 

case of a stock of fish for which the total annual catch limit is 

25 percent or more below the overfishing limit, a peer-reviewed 

stock survey and stock assessment have not been performed during the preceding 5 fishing years, and the stock is not subject 

to overfishing, a Council may, after notifying the Secretary, 

maintain the current annual catch limit for the stock until a 

peer-reviewed stock survey and stock assessment are conducted 

and the results are considered by the Council and its scientific 

and statistical committee. 

(2) CONSIDERATION OF ECOSYSTEM AND ECONOMIC IMPACTS.— 

In establishing annual catch limits a Council may, consistent 

with subsection (h)(6), consider changes in an ecosystem and 

the economic needs of the fishing communities. 

(3) LIMITATIONS TO ANNUAL CATCH LIMIT REQUIREMENT FOR

SPECIAL FISHERIES.—Notwithstanding subsection (h)(6), a 

Council is not required to develop an annual catch limit for— 

(A) an ecosystem-component species; 

(B) a fishery for a species that has a life cycle of approximately 1 year, unless the Secretary has determined the fishery is subject to overfishing; or 

(C) a stock for which— 

(i) more than half of a single-year class will complete 

their life cycle in less than 18 months; and 

(ii) fishing mortality will have little impact on the 

stock. 

(4) RELATIONSHIP TO INTERNATIONAL FISHERY EFFORTS.— 

(A) IN GENERAL.—Each annual catch limit, consistent 

with subsection (h)(6)— 

(i) may take into account management measures 

under international agreements in which the United 

States participates; and 

64 

(ii) in the case of an annual catch limit developed by 

a Council for a species, shall take into account fishing 

for the species outside the exclusive economic zone and 

the life-history characteristics of the species that are 

not subject to the jurisdiction of the Council. 

(B) EXCEPTION TO ANNUAL CATCH LIMIT REQUIREMENT.— 

If fishery management activities by another country with 

respect to fishing outside the exclusive economic zone may 

hinder conservation efforts by United States fishermen for 

a fish species for which any of the recruitment, distribution, 

life history, or fishing activities are transboundary, and for 

which there is no informal transboundary agreement with 

that country in effect, then— 

(i) notwithstanding subsection (h)(6), no annual 

catch limit is required to be developed for the species 

by a Council; and 

(ii) if an annual catch limit is developed by a Council for the species, the catch limit shall take into account fishing for the species outside the exclusive economic zone that is not subject to the jurisdiction of the 

Council. 

(5) AUTHORIZATION FOR MULTISPECIES COMPLEXES AND

MULTIYEAR ANNUAL CATCH LIMITS.—For purposes of subsection 

(h)(6), a Council may establish— 

(A) an annual catch limit for a stock complex; or 

(B) annual catch limits for each year in any continuous 

period that is not more than three years in duration. 

(6) ECOSYSTEM-COMPONENT SPECIES DEFINED.—In this subsection the term ‘‘ecosystem-component species’’ means a stock of 

fish that is a nontarget, incidentally harvested stock of fish in 

a fishery, or a nontarget, incidentally harvested stock of fish 

that a Council or the Secretary has determined— 

(A) is not subject to overfishing, approaching a depleted 

condition or depleted; and 

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

measures. 

(7) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed as providing an exemption from the requirements of section 301(a) of this Act. 

SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS. 

(a) REQUIRED PROVISIONS.—Any fishery management plan which 

is prepared by any Council, or by the Secretary, with respect to any 

fishery, shall— 

(1) contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United 

States, which are— 

(A) necessary and appropriate for the conservation and 

management of the fishery, to prevent overfishing and rebuild øoverfished¿ depleted stocks, and to protect, restore, 

and promote the long-term health and stability of the fishery; 

(B) described in this subsection or subsection (b), or 

both; and 

65 

(C) consistent with the national standards, the other 

provisions of this Act, regulations implementing recommendations by international organizations in which the 

United States participates (including but not limited to 

closed areas, quotas, and size limits), and any other applicable law; 

(2) contain a description of the fishery, including, but not 

limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their 

location, the cost likely to be incurred in management, actual 

and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing 

and Indian treaty fishing rights, if any; 

(3) assess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield 

from, the fishery, and include a summary of the information 

utilized in making such specification; 

(4) assess and specify— 

(A) the capacity and the extent to which fishing vessels 

of the United States, on an annual basis, will harvest the 

optimum yield specified under paragraph (3), 

(B) the portion of such optimum yield which, on an annual basis, will not be harvested by fishing vessels of the 

United States and can be made available for foreign fishing, and 

(C) the capacity and extent to which United States fish 

processors, on an annual basis, will process that portion of 

such optimum yield that will be harvested by fishing vessels of the United States; 

(5) specify the pertinent data which shall be submitted to the 

Secretary with respect to commercial, recreational, charter 

fishing, and fish processing in the fishery, including, but not 

limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight 

thereof, areas in which fishing was engaged in, time of fishing, 

number of hauls, economic information necessary to meet the 

requirements of this Act, and the estimated processing capacity 

of, and the actual processing capacity utilized by, United 

States fish processors, 

(6) consider and provide for temporary adjustments, after 

consultation with the Coast Guard and persons utilizing the 

fishery, regarding access to the fishery for vessels otherwise 

prevented from harvesting because of weather or other ocean 

conditions affecting the safe conduct of the fishery; except that 

the adjustment shall not adversely affect conservation efforts 

in other fisheries or discriminate among participants in the affected fishery; 

(7) describe and identify essential fish habitat for the fishery 

based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such 

habitat; 

(8) in the case of a fishery management plan that, after January 1, 1991, is submitted to the Secretary for review under 

66 

section 304(a) (including any plan for which an amendment is 

submitted to the Secretary for such review) or is prepared by 

the Secretary, assess and specify the nature and extent of scientific data which is needed for effective implementation of the 

plan; 

ø(9) include a fishery impact statement for the plan or 

amendment (in the case of a plan or amendment thereto submitted to or prepared by the Secretary after October 1, 1990) 

which shall assess, specify, and analyze the likely effects, if 

any, including the cumulative conservation, economic, and social impacts, of the conservation and management measures 

on, and possible mitigation measures for— 

ø(A) participants in the fisheries and fishing communities affected by the plan or amendment; 

ø(B) participants in the fisheries conducted in adjacent 

areas under the authority of another Council, after consultation with such Council and representatives of those 

participants; and 

ø(C) the safety of human life at sea, including whether 

and to what extent such measures may affect the safety of 

participants in the fishery; 

ø(10)¿ (9) specify objective and measurable criteria for identifying when the fishery to which the plan applies is øoverfished¿ depleted (with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that fishery) and, in the case 

of a fishery which the Council or the Secretary has determined 

is approaching an øoverfished¿ depleted condition or is øoverfished¿ depleted, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the 

fishery; 

ø(11)¿ (10) establish a standardized reporting methodology to 

assess the amount and type of bycatch occurring in the fishery, 

and include conservation and management measures that, to 

the extent practicable and in the following priority— 

(A) minimize bycatch; and 

(B) minimize the mortality of bycatch which cannot be 

avoided; 

ø(12)¿ (11) assess the type and amount of fish caught and released alive during recreational fishing under catch and release fishery management programs and the mortality of such 

fish, and include conservation and management measures that, 

to the extent practicable, minimize mortality and ensure the 

extended survival of such fish; 

ø(13)¿ (12) include a description of the commercial, recreational, and charter fishing sectors which participate in the 

fishery, including its economic impact, and, to the extent practicable, quantify trends in landings of the managed fishery resource by the commercial, recreational, and charter fishing sectors; 

ø(14)¿ (13) to the extent that rebuilding plans or other conservation and management measures which reduce the overall 

harvest in a fishery are necessary, allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector, any 

67 

harvest restrictions or recovery benefits fairly and equitably 

among the commercial, recreational, and charter fishing sectors in the fishery and; 

ø(15)¿ (14) establish a mechanism for specifying annual 

catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such 

that overfishing does not occur in the fishery, including measures to ensure accountability. 

(b) DISCRETIONARY PROVISIONS.—Any fishery management plan 

which is prepared by any Council, or by the Secretary, with respect 

to any fishery, may— 

(1) require a permit to be obtained from, and fees to be paid 

to, the Secretary, with respect to— 

(A) any fishing vessel of the United States fishing, or 

wishing to fish, in the exclusive economic zone or for anadromous species or Continental Shelf fishery resources beyond such zone; 

(B) the operator of any such vessel; or 

(C) any United States fish processor who first receives 

fish that are subject to the plan; 

(2)(A) designate zones where, and periods when, fishing shall 

be limited, or shall not be permitted, or shall be permitted only 

by specified types of fishing vessels or with specified types and 

quantities of fishing gear; 

(B) designate such zones in areas where deep sea corals are 

identified under section 408, to protect deep sea corals from 

physical damage from fishing gear or to prevent loss or damage 

to such fishing gear from interactions with deep sea corals, 

after considering long-term sustainable uses of fishery resources in such areas; and 

(C) with respect to any closure of an area under this Act that 

prohibits all fishing, ensure that such closure— 

(i) is based on the best scientific information available; 

(ii) includes criteria to assess the conservation benefit of 

the closed area; 

(iii) establishes a timetable for review of the closed 

area’s performance that is consistent with the purposes of 

the closed area; and 

(iv) is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other 

management measures (either alone or in combination 

with such measures), including the benefits and impacts of 

limiting access to: users of the area, overall fishing activity, fishery science, and fishery and marine conservation; 

(3) establish specified limitations which are necessary and 

appropriate for the conservation and management of the fishery on the— 

(A) catch of fish (based on area, species, size, number, 

weight, sex, bycatch, total biomass, or other factors); 

(B) sale of fish caught during commercial, recreational, 

or charter fishing, consistent with any applicable Federal 

and State safety and quality requirements; and 

(C) transshipment or transportation of fish or fish products under permits issued pursuant to section 204; 

68 

(4) prohibit, limit, condition, or require the use of specified 

types and quantities of fishing gear, fishing vessels, or equipment for such vessels, including devices which may be required 

to facilitate enforcement of the provisions of this Act; 

(5) incorporate (consistent with the national standards, the 

other provisions of this Act, and any other applicable law) the 

relevant fishery conservation and management measures of the 

coastal States nearest to the fishery and take into account the 

different circumstances affecting fisheries from different States 

and ports, including distances to fishing grounds and proximity 

to time and area closures; 

(6) establish a limited access system for the fishery in order 

to achieve optimum yield if, in developing such system, the 

Council and the Secretary take into account— 

(A) present participation in the fishery; 

(B) historical fishing practices in, and dependence on, 

the fishery; 

(C) the economics of the fishery; 

(D) the capability of fishing vessels used in the fishery 

to engage in other fisheries; 

(E) the cultural and social framework relevant to the 

fishery and any affected fishing communities; 

(F) the fair and equitable distribution of access privileges in the fishery; and 

(G) any other relevant considerations; 

(7) require fish processors who first receive fish that are subject to the plan to submit data which are necessary for the conservation and management of the fishery; 

(8) require that one or more observers be carried on board 

a vessel of the United States engaged in fishing for species 

that are subject to the plan, for the purpose of collecting data 

necessary for the conservation and management of the fishery; 

except that such a vessel shall not be required to carry an observer on board if the facilities of the vessel for the quartering 

of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or 

the safe operation of the vessel would be jeopardized; 

(9) assess and specify the effect which the conservation and 

management measures of the plan will have on the stocks of 

naturally spawning anadromous fish in the region; 

(10) include, consistent with the other provisions of this Act, 

conservation and management measures that provide harvest 

incentives for participants within each gear group to employ 

fishing practices that result in lower levels of bycatch or in 

lower levels of the mortality of bycatch; 

(11) reserve a portion of the allowable biological catch of the 

fishery for use in scientific research; 

(12) include management measures in the plan to conserve 

target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and 

(14) prescribe such other measures, requirements, or conditions and restrictions as are determined to be necessary and 

appropriate for the conservation and management of the fishery. 

69 

(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) FISHERY IMPACT STATEMENT.— (1) Any fishery management plan (or fishery management 

plan amendment) prepared by any Council or by the Secretary 

pursuant to subsection (a) or (b), or proposed regulations 

deemed necessary pursuant to subsection (c), shall include a 

fishery impact statement which shall assess, specify and analyze the likely effects and impact of the proposed action on the 

quality of the human environment. 

(2) The fishery impact statement shall describe— 

(A) a purpose of the proposed action; 

(B) the environmental impact of the proposed action; 

(C) any adverse environmental effects which cannot be 

avoided should the proposed action be implemented; 

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

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

(F) the cumulative conservation and management effects; 

and 

(G) economic, and social impacts of the proposed action 

on— 

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

(ii) participants in the fisheries conducted in adjacent areas under the authority of another Council, after 

consultation with such Council and representatives of 

those participants; and 

(iii) the safety of human life at sea, including whether and to what extent such measures may affect the 

safety of participants in the fishery. 

(3) A substantially complete fishery impact statement, which 

may be in draft form, shall be available not less than 14 days 

before the beginning of the meeting at which a Council makes 

its final decision on the proposal (for plans, plan amendments, 

or proposed regulations prepared by a Council pursuant to subsection (a) or (c)). Availability of this fishery impact statement 

will be announced by the methods used by the Council to disseminate public information and the public and relevant government agencies will be invited to comment on the fishery impact statement. 

(4) The completed fishery impact statement shall accompany 

the transmittal of a fishery management plan or plan amendment as specified in section 304(a), as well as the transmittal 

of proposed regulations as specified in section (b). 

(5) The Councils shall, subject to approval by the Secretary, 

establish criteria to determine actions or classes of action of 

70 

minor significance regarding subparagraphs (A), (B), (D), (E), 

and (F) of paragraph (2), for which preparation of a fishery impact statement is unnecessary and categorically excluded from 

the requirements of this section, and the documentation required to establish the exclusion. 

(6) The Councils shall, subject to approval by the Secretary, 

prepare procedures for compliance with this section that provide 

for timely, clear, and concise analysis that is useful to decisionmakers and the public, reduce extraneous paperwork and effectively involve the public, including— 

(A) using Council meetings to determine the scope of 

issues to be addressed and identifying significant issues related to the proposed action; 

(B) integration of the fishery impact statement development process with preliminary and final Council decision 

making in a manner that provides opportunity for comment 

from the public and relevant government agencies prior to 

these decision points; and 

(C) providing scientific, technical, and legal advice at an 

early stage of the development of the fishery impact statement to ensure timely transmittal and Secretarial review of 

the proposed fishery management plan, plan amendment, 

or regulations to the Secretary. 

SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS. 

(a) IN GENERAL.—After the date of enactment of the MagnusonStevens Fishery Conservation and Management Reauthorization 

Act of 2006, a Council may submit, and the Secretary may approve, 

for a fishery that is managed under a limited access system, a limited access privilege program to harvest fish if the program meets 

the requirements of this section. 

(b) NO CREATION OF RIGHT, TITLE, OR INTEREST.—Limited access 

privilege, quota share, or other limited access system authorization 

established, implemented, or managed under this Act— 

(1) shall be considered a permit for the purposes of sections 

307, 308, and 309; 

(2) may be revoked, limited, or modified at any time in accordance with this Act, including revocation if the system is 

found to have jeopardized the sustainability of the stock or the 

safety of fishermen; 

(3) shall not confer any right of compensation to the holder 

of such limited access privilege, quota share, or other such limited access system authorization if it is revoked, limited, or 

modified; 

(4) shall not create, or be construed to create, any right, title, 

or interest in or to any fish before the fish is harvested by the 

holder; and 

(5) shall be considered a grant of permission to the holder of 

the limited access privilege or quota share to engage in activities permitted by such limited access privilege or quota share. 

(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.— 

(1) IN GENERAL.—Any limited access privilege program to 

harvest fish submitted by a Council or approved by the Secretary under this section shall— 

71 

(A) if established in a fishery that is øoverfished¿ depleted or subject to a rebuilding plan, assist in its rebuilding; 

(B) if established in a fishery that is determined by the 

Secretary or the Council to have over-capacity, contribute 

to reducing capacity; 

(C) promote— 

(i) fishing safety; 

(ii) fishery conservation and management; and 

(iii) social and economic benefits; 

(D) prohibit any person other than a United States citizen, a corporation, partnership, or other entity established 

under the laws of the United States or any State, or a permanent resident alien, that meets the eligibility and participation requirements established in the program from 

acquiring a privilege to harvest fish, including any person 

that acquires a limited access privilege solely for the purpose of perfecting or realizing on a security interest in 

such privilege; 

(E) require that all fish harvested under a limited access 

privilege program be processed on vessels of the United 

States or on United States soil (including any territory of 

the United States); 

(F) specify the goals of the program; 

(G) include provisions for the regular monitoring and review by the Council and the Secretary of the operations of 

the program, including determining progress in meeting 

the goals of the program and this Act, and any necessary 

modification of the program to meet those goals, with a 

formal and detailed review 5 years after the implementation of the program and thereafter to coincide with scheduled Council review of the relevant fishery management 

plan (but no less frequently than once every 7 years); 

(H) include an effective system for enforcement, monitoring, and management of the program, including the use 

of observers or electronic monitoring systems; 

(I) include an appeals process for administrative review 

of the Secretary’s decisions regarding initial allocation of 

limited access privileges; 

(J) provide for the establishment by the Secretary, in 

consultation with appropriate Federal agencies, for an information collection and review process to provide any additional information needed to determine whether any illegal acts of anti-competition, anti-trust, price collusion, or 

price fixing have occurred among regional fishery associations or persons receiving limited access privileges under 

the program; and 

(K) provide for the revocation by the Secretary of limited 

access privileges held by any person found to have violated 

the antitrust laws of the United States. 

(2) WAIVER.—The Secretary may waive the requirement of 

paragraph (1)(E) if the Secretary determines that— 

(A) the fishery has historically processed the fish outside 

of the United States; and 

72 

(B) the United States has a seafood safety equivalency 

agreement with the country where processing will occur. 

(3) FISHING COMMUNITIES.— 

(A) IN GENERAL.— 

(i) ELIGIBILITY.—To be eligible to participate in a 

limited access privilege program to harvest fish, a fishing community shall— 

(I) be located within the management area of 

the relevant Council; 

(II) meet criteria developed by the relevant 

Council, approved by the Secretary, and published 

in the Federal Register; 

(III) consist of residents who conduct commercial or recreational fishing, processing, or fisherydependent support businesses within the Council’s 

management area; and 

(IV) develop and submit a community sustainability plan to the Council and the Secretary that 

demonstrates how the plan will address the social 

and economic development needs of coastal communities, including those that have not historically had the resources to participate in the fishery, for approval based on criteria developed by 

the Council that have been approved by the Secretary and published in the Federal Register. 

(ii) FAILURE TO COMPLY WITH PLAN.—The Secretary 

shall deny or revoke limited access privileges granted 

under this section for any person who fails to comply 

with the requirements of the community sustainability 

plan. Any limited access privileges denied or revoked 

under this section may be reallocated to other eligible 

members of the fishing community. 

(B) PARTICIPATION CRITERIA.—In developing participation criteria for eligible communities under this paragraph, 

a Council shall consider— 

(i) traditional fishing or processing practices in, and 

dependence on, the fishery; 

(ii) the cultural and social framework relevant to the 

fishery; 

(iii) economic barriers to access to fishery; 

(iv) the existence and severity of projected economic 

and social impacts associated with implementation of 

limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion; 

(v) the expected effectiveness, operational transparency, and equitability of the community sustainability plan; and 

(vi) the potential for improving economic conditions 

in remote coastal communities lacking resources to 

participate in harvesting or processing activities in the 

fishery. 

(4) REGIONAL FISHERY ASSOCIATIONS.— 

73 

(A) IN GENERAL.—To be eligible to participate in a limited access privilege program to harvest fish, a regional 

fishery association shall— 

(i) be located within the management area of the 

relevant Council; 

(ii) meet criteria developed by the relevant Council, 

approved by the Secretary, and published in the Federal Register; 

(iii) be a voluntary association, among willing parties with established by-laws and operating procedures; 

(iv) consist of participants in the fishery who hold 

quota share that are designated for use in the specific 

region or subregion covered by the regional fishery association, including commercial or recreational fishing, 

processing, fishery-dependent support businesses, or 

fishing communities; 

(v) not be eligible to receive an initial allocation of 

a limited access privilege but may acquire such privileges after the initial allocation, and may hold the annual fishing privileges of any limited access privileges 

it holds or the annual fishing privileges that is members contribute; and 

(vi) develop and submit a regional fishery association plan to the Council and the Secretary for approval 

based on criteria developed by the Council that have 

been approved by the Secretary and published in the 

Federal Register. 

(B) FAILURE TO COMPLY WITH PLAN.—The Secretary shall 

deny or revoke limited access privileges granted under this 

section to any person participating in a regional fishery association who fails to comply with the requirements of the 

regional fishery association plan. 

(C) PARTICIPATION CRITERIA.—In developing participation criteria for eligible regional fishery associations under 

this paragraph, a Council shall consider— 

(i) traditional fishing or processing practices in, and 

dependence on, the fishery; 

(ii) the cultural and social framework relevant to the 

fishery; 

(iii) economic barriers to access to fishery; 

(iv) the existence and severity of projected economic 

and social impacts associated with implementation of 

limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion; 

(v) the administrative and fiduciary soundness of 

the association; and 

(vi) the expected effectiveness, operational transparency, and equitability of the fishery association 

plan. 

(5) ALLOCATION.—In developing a limited access privilege 

program to harvest fish a Council or the Secretary shall— 

74 

(A) establish procedures to ensure fair and equitable initial allocations, including consideration of— 

(i) current and historical harvests; 

(ii) employment in the harvesting and processing 

sectors; 

(iii) investments in, and dependence upon, the fishery; and 

(iv) the current and historical participation of fishing communities; 

(B) consider the basic cultural and social framework of 

the fishery, especially through— 

(i) the development of policies to promote the sustained participation of small owner-operated fishing 

vessels and fishing communities that depend on the 

fisheries, including regional or port-specific landing or 

delivery requirements; and 

(ii) procedures to address concerns over excessive geographic or other consolidation in the harvesting or 

processing sectors of the fishery; 

(C) include measures to assist, when necessary and appropriate, entry-level and small vessel owner-operators, 

captains, crew, and fishing communities through set-asides 

of harvesting allocations, including providing privileges, 

which may include set-asides or allocations of harvesting 

privileges, or economic assistance in the purchase of limited access privileges; 

(D) ensure that limited access privilege holders do not 

acquire an excessive share of the total limited access privileges in the program by— 

(i) establishing a maximum share, expressed as a 

percentage of the total limited access privileges, that 

a limited access privilege holder is permitted to hold, 

acquire, or use; and 

(ii) establishing any other limitations or measures 

necessary to prevent an inequitable concentration of 

limited access privileges; and 

(E) authorize limited access privileges to harvest fish to 

be held, acquired, used by, or issued under the system to 

persons who substantially participate in the fishery, including in a specific sector of such fishery, as specified by 

the Council. 

(6) PROGRAM INITIATION.— 

(A) LIMITATION.—Except as provided in subparagraph 

(D), a Council may initiate a fishery management plan or 

amendment to establish a limited access privilege program 

to harvest fish on its own initiative or if the Secretary has 

certified an appropriate petition. 

(B) PETITION.—A group of fishermen constituting more 

than 50 percent of the permit holders, or holding more 

than 50 percent of the allocation, in the fishery for which 

a limited access privilege program to harvest fish is 

sought, may submit a petition to the Secretary requesting 

that the relevant Council or Councils with authority over 

the fishery be authorized to initiate the development of the 

program. Any such petition shall clearly state the fishery 

75 

to which the limited access privilege program would apply. 

For multispecies permits in the Gulf of Mexico, only those 

participants who have substantially fished the species proposed to be included in the limited access program shall be 

eligible to sign a petition for such a program and shall 

serve as the basis for determining the percentage described in the first sentence of this subparagraph. 

(C) CERTIFICATION BY SECRETARY.—Upon the receipt of 

any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines 

that the signatures on the petition represent more than 50 

percent of the permit holders, or holders of more than 50 

percent of the allocation in the fishery, as described by 

subparagraph (B), the Secretary shall certify the petition 

to the appropriate Council or Councils. 

ø(D) NEW ENGLAND AND GULF REFERENDUM.— 

ø(i) Except as provided in clause (iii) for the Gulf of 

Mexico commercial red snapper fishery, the New England and Gulf Councils may not submit, and the Secretary may not approve or implement, a fishery management plan or amendment that creates an individual fishing quota program, including a Secretarial 

plan, unless such a system, as ultimately developed, 

has been approved by more than 2⁄3 of those voting in 

a referendum among eligible permit holders, or other 

persons described in clause (v), with respect to the 

New England Council, and by a majority of those voting in the referendum among eligible permit holders 

with respect to the Gulf Council. For multispecies permits in the Gulf of Mexico, only those participants who 

have substantially fished the species proposed to be 

included in the individual fishing quota program shall 

be eligible to vote in such a referendum. If an individual fishing quota program fails to be approved by 

the requisite number of those voting, it may be revised 

and submitted for approval in a subsequent referendum. 

ø(ii) The Secretary shall conduct a referendum 

under this subparagraph, including notifying all persons eligible to participate in the referendum and 

making available to them information concerning the 

schedule, procedures, and eligibility requirements for 

the referendum process and the proposed individual 

fishing quota program. Within 1 year after the date of 

enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 

2006, the Secretary shall publish guidelines and procedures to determine procedures and voting eligibility 

requirements for referenda and to conduct such 

referenda in a fair and equitable manner. 

ø(iii) The provisions of section 407(c) of this Act 

shall apply in lieu of this subparagraph for an individual fishing quota program for the Gulf of Mexico 

commercial red snapper fishery. 

76 

ø(iv) Chapter 35 of title 44, United States Code, 

(commonly known as the Paperwork Reduction Act) 

does not apply to the referenda conducted under this 

subparagraph. 

ø(v) The Secretary shall promulgate criteria for determining whether additional fishery participants are 

eligible to vote in the New England referendum described in clause (i) in order to ensure that crew members who derive a significant percentage of their total 

income from the fishery under the proposed program 

are eligible to vote in the referendum. 

ø(vi) In this subparagraph, the term ‘‘individual 

fishing quota’’ does not include a sector allocation.¿ 

(D) CATCH SHARE REFERENDUM PILOT PROGRAM.— 

(i) The New England, Mid-Atlantic, South Atlantic, 

and Gulf of Mexico Councils may not submit a fishery 

management plan or amendment that creates a catch 

share program for a fishery, and the Secretary may not 

approve or implement such a plan or amendment submitted by such a Council or a Secretarial plan or 

amendment under section 304(c) that creates such a 

program, unless the final program has been approved, 

in a referendum in accordance with this subparagraph, 

by a majority of the permit holders eligible to participate in the fishery. For multispecies permits in the Gulf 

of Mexico, any permit holder with landings from within the sector of the fishery being considered for the 

catch share program within the 5-year period preceding the date of the referendum and still active in 

fishing in the fishery shall be eligible to participate in 

such a referendum. If a catch share program is not approved by the requisite number of permit holders, it 

may be revised and submitted for approval in a subsequent referendum. 

(ii) The Secretary may, at the request of the New 

England Fishery Management Council, allow participation in such a referendum for a fishery under the 

Council’s authority, by fishing vessel crewmembers who 

derive a significant portion of their livelihood from 

such fishing. 

(iii) The Secretary shall conduct a referendum under 

this subparagraph, including notifying all permit holders eligible to participate in the referendum and making available to them— 

(I) a copy of the proposed program; 

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

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

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

(iv) For the purposes of this subparagraph, the term 

‘‘permit holder eligible to participate’’ only includes the 

77 

holder of a permit for a fishery under which fishing 

has occurred in 3 of the 5 years preceding a referendum for the fishery, unless sickness, injury, or 

other unavoidable hardship prevented the permit holder from engaging in such fishing. 

(v) The Secretary may not implement any catch share 

program for any fishery managed exclusively by the 

Secretary unless first petitioned by a majority of those 

permit holders eligible to participate in the fishery. 

(7) TRANSFERABILITY.—In establishing a limited access privilege program, a Council shall— 

(A) establish a policy and criteria for the transferability 

of limited access privileges (through sale or lease), that is 

consistent with the policies adopted by the Council for the 

fishery under paragraph (5); and 

(B) establish, in coordination with the Secretary, a process for monitoring of transfers (including sales and leases) 

of limited access privileges. 

(8) PREPARATION AND IMPLEMENTATION OF SECRETARIAL

PLANS.—This subsection also applies to a plan prepared and 

implemented by the Secretary under section 304(c) or 304(g). 

(9) ANTITRUST SAVINGS CLAUSE.—Nothing in this Act shall be 

construed to modify, impair, or supersede the operation of any 

of the antitrust laws. For purposes of the preceding sentence, 

the term ‘‘antitrust laws’’ has the meaning given such term in 

subsection (a) of the first section of the Clayton Act, except 

that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair 

methods of competition. 

(d) AUCTION AND OTHER PROGRAMS.—In establishing a limited 

access privilege program, a Council shall consider, and may provide, if appropriate, an auction system or other program to collect 

royalties for the initial, or any subsequent, distribution of allocations in a limited access privilege program if— 

(1) the system or program is administered in such a way 

that the resulting distribution of limited access privilege 

shares meets the program requirements of this section; and 

(2) revenues generated through such a royalty program are 

deposited in the Limited Access System Administration Fund 

established by section 305(h)(5)(B) and available subject to annual appropriations. 

(e) COST RECOVERY.—In establishing a limited access privilege 

program, a Council shall— 

(1) develop a methodology and the means to identify and assess the management, data collection and analysis, and enforcement programs that are directly related to and in support 

of the program; and 

(2) provide, under section 304(d)(2), for a program of fees 

paid by limited access privilege holders that will cover the 

costs of management, data collection and analysis, and enforcement activities. 

(f) CHARACTERISTICS.—A limited access privilege established 

after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 is a permit 

issued for a period of not more than 10 years that— 

78 

(1) will be renewed before the end of that period, unless it 

has been revoked, limited, or modified as provided in this subsection; 

(2) will be revoked, limited, or modified if the holder is found 

by the Secretary, after notice and an opportunity for a hearing 

under section 554 of title 5, United States Code, to have failed 

to comply with any term of the plan identified in the plan as 

cause for revocation, limitation, or modification of a permit, 

which may include conservation requirements established 

under the plan; 

(3) may be revoked, limited, or modified if the holder is 

found by the Secretary, after notice and an opportunity for a 

hearing under section 554 of title 5, United States Code, to 

have committed an act prohibited by section 307 of this Act; 

and 

(4) may be acquired, or reacquired, by participants in the 

program under a mechanism established by the Council if it 

has been revoked, limited, or modified under paragraph (2) or 

(3). 

(g) LIMITED ACCESS PRIVILEGE ASSISTED PURCHASE PROGRAM.— 

(1) IN GENERAL.—A Council may submit, and the Secretary 

may approve and implement, a program which reserves up to 

25 percent of any fees collected from a fishery under section 

304(d)(2) to be used, pursuant to section 53706(a)(7) of title 46, 

United States Code, to issue obligations that aid in financing— 

(A) the purchase of limited access privileges in that fishery by fishermen who fish from small vessels; and 

(B) the first-time purchase of limited access privileges in 

that fishery by entry level fishermen. 

(2) ELIGIBILITY CRITERIA.—A Council making a submission 

under paragraph (1) shall recommend criteria, consistent with 

the provisions of this Act, that a fisherman must meet to qualify for guarantees under subparagraphs (A) and (B) of paragraph (1) and the portion of funds to be allocated for guarantees under each subparagraph. 

(h) EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS.—Nothing in this Act, or the amendments made by the Magnuson-Stevens 

Fishery Conservation and Management Reauthorization Act of 

2006, shall be construed to require a reallocation or a reevaluation 

of individual quota shares, processor quota shares, cooperative programs, or other quota programs, including sector allocation in effect before the date of enactment of the Magnuson-Stevens Fishery 

Conservation and Management Reauthorization Act of 2006. 

(i) TRANSITION RULES.—The requirements of this section shall 

not apply to any quota program, including any individual quota 

program, cooperative program, or sector allocation for which a 

Council has taken final action or which has been submitted by a 

Council to the Secretary, or approved by the Secretary, within 6 

months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, 

except that— 

(1) the requirements of section 303(d) of this Act in effect on 

the day before the date of enactment of that Act shall apply 

to any such program; 

79 

(2) the program shall be subject to review under subsection 

(c)(1)(G) of this section not later than 5 years after the program implementation; and 

(3) nothing in this subsection precludes a Council from incorporating criteria contained in this section into any such plans. 

SEC. 304. ACTION BY THE SECRETARY. 

(a) REVIEW OF PLANS.— (1) Upon transmittal by the Council to the Secretary of a 

fishery management plan or plan amendment, the Secretary 

shall— 

(A) immediately commence a review of the plan or 

amendment to determine whether it is consistent with the 

national standards, the other provisions of this Act, and 

any other applicable law; and 

(B) immediately publish in the Federal Register a notice 

stating that the plan or amendment is available and that 

written information, views, or comments of interested persons on the plan or amendment may be submitted to the 

Secretary during the 60-day period beginning on the date 

the notice is published. 

(2) In undertaking the review required under paragraph (1), 

the Secretary shall— 

(A) take into account the information, views, and comments received from interested persons; 

(B) consult with the Secretary of State with respect to 

foreign fishing; øand¿ 

(C) consult with the Secretary of the department in 

which the Coast Guard is operating with respect to enforcement at sea and to fishery access adjustments referred to in section 303(a)(6)ø.¿; and 

(D) evaluate the adequacy of the accompanying fishery 

impact statement as basis for fully considering the environmental impacts of implementing the fishery management 

plan or plan amendment. 

(3) The Secretary shall approve, disapprove, or partially approve a plan or amendment within 30 days of the end of the 

comment period under paragraph (1) by written notice to the 

Council. A notice of disapproval or partial approval shall specify— 

(A) the applicable law with which the plan or amendment is inconsistent; 

(B) the nature of such inconsistencies; and 

(C) recommendations concerning the actions that could 

be taken by the Council to conform such plan or amendment to the requirements of applicable law. 

If the Secretary does not notify a Council within 30 days of the 

end of the comment period of the approval, disapproval, or partial approval of a plan or amendment, then such plan or 

amendment shall take effect as if approved. 

(4) If the Secretary disapproves or partially approves a plan 

or amendment, the Council may submit a revised plan or 

amendment to the Secretary for review under this subsection. 

(5) For purposes of this subsection and subsection (b), the 

‘‘term immediately’’ means on or before the 5th day after the 

day on which a Council transmits to the Secretary a fishery 

80 

management plan, plan amendment, or proposed regulation 

that the Council characterizes as final. 

(b) REVIEW OF REGULATIONS.— 

(1) øUpon transmittal by the Council to the Secretary of proposed regulations prepared under section 303(c), the Secretary 

shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this Act and other applicable law. Within 15 days of initiating such evaluation the 

Secretary shall make a determination and—¿ Upon transmittal 

by the Council to the Secretary of proposed regulations prepared 

under section 303(c), the Secretary shall immediately initiate an 

evaluation of the proposed regulations to determine whether 

they are consistent with the fishery management plan, plan 

amendment, this Act and other applicable law. The Secretary 

shall also immediately initiate an evaluation of the accompanying fishery impact statement as a basis for fully considering the environmental impacts of implementing the proposed 

regulations. Within 15 days of initiating such evaluation the 

Secretary shall make a determination and— 

(A) if that determination is affirmative, the Secretary 

shall publish such regulations in the Federal Register, 

with such technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 60 days; or 

(B) if that determination is negative, the Secretary shall 

notify the Council in writing of the inconsistencies and 

provide recommendations on revisions that would make 

the proposed regulations consistent with the fishery management plan, plan amendment, this Act, and other applicable law. 

(2) Upon receiving a notification under paragraph (1)(B), the 

Council may revise the proposed regulations and submit them 

to the Secretary for reevaluation under paragraph (1). 

(3) The Secretary shall promulgate final regulations within 

30 days after the end of the comment period under paragraph 

(1)(A). The Secretary shall consult with the Council before 

making any revisions to the proposed regulations, and must 

publish in the Federal Register an explanation of any differences between the proposed and final regulations. 

(c) PREPARATION AND REVIEW OF SECRETARIAL PLANS.—(1) The 

Secretary may prepare a fishery management plan, with respect to 

any fishery, or any amendment to any such plan, in accordance 

with the national standards, the other provisions of this Act, and 

any other applicable law, if— 

(A) the appropriate Council fails to develop and submit to 

the Secretary, after a reasonable period of time, a fishery management plan for such fishery, or any necessary amendment to 

such a plan, if such fishery requires conservation and management; 

(B) the Secretary disapproves or partially disapproves any 

such plan or amendment, or disapproves a revised plan or 

amendment, and the Council involved fails to submit a revised 

or further revised plan or amendment; or 

81 

(C) the Secretary is given authority to prepare such plan 

or amendment under this section. 

(2) In preparing any plan or amendment under this subsection, the Secretary shall— 

(A) conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow 

interested persons an opportunity to be heard in the preparation and amendment of the plan and any regulations 

implementing the plan; and 

(B) consult with the Secretary of State with respect to 

foreign fishing and with the Secretary of the department 

in which the Coast Guard is operating with respect to enforcement at sea. 

(3) Notwithstanding paragraph (1) for a fishery under the authority of a Council, the Secretary may not include in any fishery 

management plan, or any amendment to any such plan, prepared 

by him, a provision establishing a limited access system, including 

any limited access privilege program, unless such system is first 

approved by a majority of the voting members, present and voting, 

of each appropriate Council. 

(4) Whenever the Secretary prepares a fishery management 

plan or plan amendment under this section, the Secretary shall 

immediately— 

(A) for a plan or amendment for a fishery under the authority of a Council, submit such plan or amendment to 

the appropriate Council for consideration and comment; 

and 

(B) publish in the Federal Register a notice stating that 

the plan or amendment is available and that written information, views, or comments of interested persons on the 

plan or amendment may be submitted to the Secretary 

during the 60-day period beginning on the date the notice 

is published. 

(5) Whenever a plan or amendment is submitted under paragraph (4)(A), the appropriate Council must submit its comments and recommendations, if any, regarding the plan or 

amendment to the Secretary before the close of the 60-day period referred to in paragraph (4)(B). After the close of such 60- 

day period, the Secretary, after taking into account any such 

comments and recommendations, as well as any views, information, or comments submitted under paragraph (4)(B), may 

adopt such plan or amendment. 

(6) The Secretary may propose regulations in the Federal 

Register to implement any plan or amendment prepared by the 

Secretary. In the case of a plan or amendment to which paragraph (4)(A) applies, such regulations shall be submitted to the 

Council with such plan or amendment. The comment period on 

proposed regulations shall be 60 days, except that the Secretary may shorten the comment period on minor revisions to 

existing regulations. 

(7) The Secretary shall promulgate final regulations within 

30 days after the end of the comment period under paragraph 

(6). The Secretary must publish in the Federal Register an explanation of any substantive differences between the proposed 

and final rules. All final regulations must be consistent with 

82 

the fishery management plan, with the national standards and 

other provisions of this Act, and with any other applicable law. 

(d) ESTABLISHMENT OF FEES.—(1) The Secretary shall by regulation establish the level of any fees which are authorized to be 

charged pursuant to section 303(b)(1). The Secretary may enter 

into a cooperative agreement with the States concerned under 

which the States administer the permit system and the agreement 

may provide that all or part of the fees collected under the system 

shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing 

the permits. 

(2)(A) Notwithstanding paragraph (1), the Secretary is authorized and shall collect a fee to recover the actual costs directly related to the management, data collection, and enforcement of any— 

(i) limited access privilege program; and 

(ii) community development quota program that allocates a percentage of the total allowable catch of a fishery 

to such program. 

(B) Such fee shall not exceed 3 percent of the ex-vessel value 

of fish harvested under any such program, and shall be collected at either the time of the landing, filing of a landing report, or sale of such fish during a fishing season or in the last 

quarter of the calendar year in which the fish is harvested. 

(C)(i) Fees collected under this paragraph shall be in addition to any other fees charged under this Act and shall be deposited in the Limited Access System Administration Fund established under section 305(h)(5)(B). 

(ii) Upon application by a State, the Secretary shall transfer 

to such State up to 33 percent of any fee collected pursuant to 

subparagraph (A) under a community development quota program and deposited in the Limited Access System Administration Fund in order to reimburse such State for actual costs directly incurred in the management and enforcement of such 

program. 

(e) REBUILDING øOVERFISHED¿ DEPLETED FISHERIES.— 

(1) The Secretary shall report annually to the Congress and 

the Councils on the status of fisheries within each Council’s 

geographical area of authority and identify those fisheries that 

are øoverfished¿ depleted or are approaching a condition of 

being øoverfished¿ depleted. For those fisheries managed under 

a fishery management plan or international agreement, the 

status shall be determined using the criteria for overfishing 

specified in such plan or agreement. A fishery shall be classified as approaching a condition of being øoverfished¿ depleted 

if, based on trends in fishing effort, fishery resource size, and 

other appropriate factors, the Secretary estimates that the 

fishery will become øoverfished¿ depleted within two years. 

The report shall distinguish between fisheries that are depleted 

(or approaching that condition) as a result of fishing and fisheries that are depleted (or approaching that condition) as a result of factors other than fishing. The report shall state, for 

each fishery identified as depleted or approaching that condition, whether the fishery is the target of directed fishing. 

83 

(2) If the Secretary determines at any time that a fishery is 

øoverfished¿ depleted, the Secretary shall immediately notify 

the appropriate Council and request that action be taken to 

end overfishing in the fishery and to implement conservation 

and management measures to rebuild affected stocks of fish. 

The Secretary shall publish each notice under this paragraph 

in the Federal Register. 

(3) Within 2 years after an identification under paragraph 

(1) or notification under paragraphs (2) or (7), the appropriate 

Council (or the Secretary, for fisheries under section 302(a)(3)) 

shall prepare and implement a fishery management plan, plan 

amendment, or proposed regulations for the fishery to which 

the identification or notice applies— 

(A) to end overfishing immediately in the fishery and to 

rebuild affected stocks of fish; or 

(B) to prevent overfishing from occurring in the fishery 

whenever such fishery is identified as approaching an 

øoverfished¿ depleted condition. 

(4) For a fishery that is øoverfished¿ depleted, any fishery 

management plan, amendment, or proposed regulations prepared pursuant to paragraph (3) or paragraph (5) for such fishery shall— 

(A) specify a time period for rebuilding the fishery that 

shall— 

(i) be as short as øpossible¿ practicable, taking into 

account the status and biology of any øoverfished¿ depleted stocks of fish, the needs of fishing communities, 

recommendations by international organizations in 

which the United States participates, and the interaction of the øoverfished¿ depleted stock of fish within 

the marine ecosystem; and 

ø(ii) not exceed 10 years, except in cases where the 

biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise;¿ 

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

(I) the biology of the stock of fish, other environmental conditions, or management measures under 

an international agreement in which the United 

States participates dictate otherwise; 

(II) the Secretary determines that the cause of 

the stock being depleted is outside the jurisdiction 

of the Council or the rebuilding program cannot be 

effective only by limiting fishing activities; 

(III) the Secretary determines that one or more 

components of a mixed- stock fishery is depleted 

but cannot be rebuilt within that time- frame without significant economic harm to the fishery, or 

cannot be rebuilt without causing another component of the mixed- stock fishery to approach a depleted status; 

84 

(IV) the Secretary determines that recruitment, 

distribution, or life history of, or fishing activities 

for, the stock are affected by informal transboundary agreements under which management activities outside the exclusive economic zone by another 

country may hinder conservation and management 

efforts by United States fishermen; and 

(V) the Secretary determines that the stock has 

been affected by unusual events that make rebuilding within the specified time period improbable 

without significant economic harm to fishing communities; 

(B) take into account environmental condition including 

predator/prey relationships; 

ø(B)¿ (C) allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery; øand¿ 

ø(C)¿ (D) for fisheries managed under an international 

agreement, reflect traditional participation in the fishery, 

relative to other nations, by fishermen of the United 

Statesø.¿; and 

(E) specify a schedule for reviewing the rebuilding targets, evaluating environmental impacts on rebuilding 

progress, and evaluating progress being made toward 

reaching rebuilding targets. 

(5) If, within the 2-year period beginning on the date of identification or notification that a fishery is øoverfished¿ depleted, the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required 

by paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish 

within 9 months under subsection (c). 

(6) During the development of a fishery management plan, 

a plan amendment, or proposed regulations required by this 

subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 

305(c) until such measures can be replaced by such plan, 

amendment, or regulations. Such measures, if otherwise in 

compliance with the provisions of this Act, may be implemented even though they are not sufficient by themselves to 

stop overfishing of a fishery. 

(7) The Secretary shall review any fishery management plan, 

plan amendment, or regulations required by this subsection at 

routine intervals that may not exceed two years. If the Secretary finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks, 

the Secretary shall— 

(A) in the case of a fishery to which section 302(a)(3) applies, immediately make revisions necessary to achieve 

adequate progress; or 

(B) for all other fisheries, immediately notify the appropriate Council. Such notification shall recommend further 

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85 

cil should consider under paragraph (3) to achieve adequate progress. 

(8) A fishery management plan, plan amendment, or proposed 

regulations may use alternative rebuilding strategies, including 

harvest control rules and fishing mortality-rate targets to the 

extent they are in compliance with the requirements of this Act. 

(9) A Council may terminate the application of paragraph (3) 

to a fishery if the Council’s scientific and statistical committee 

determines and the Secretary concurs that the original determination that the fishery was depleted was erroneous, either— 

(A) within the 2-year period beginning on the effective 

date a fishery management plan, plan amendment, or proposed regulation for a fishery under this subsection takes 

effect; or 

(B) within 90 days after the completion of the next stock 

assessment after such determination. 

(f) MISCELLANEOUS DUTIES.—(1) Except as provided in paragraph 

(3), if any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— 

(A) designate which Council shall prepare the fishery management plan for such fishery and any amendment to such 

plan; or 

(B) may require that the plan and amendment be prepared 

jointly by the Councils concerned. 

No jointly prepared plan or amendment may be submitted to the 

Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned. 

(2) The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils. 

(g) ATLANTIC HIGHLY MIGRATORY SPECIES.—(1) PREPARATION

AND IMPLEMENTATION OF PLAN OR PLAN AMENDMENT.—The Secretary shall prepare a fishery management plan or plan amendment under subsection (c) with respect to any highly migratory species fishery to which section 302(a)(3) applies. In preparing and implementing any such plan or amendment, the Secretary shall— 

(A) consult with and consider the comments and views of affected Councils, commissioners and advisory groups appointed 

under Acts implementing relevant international fishery agreements pertaining to highly migratory species, and the advisory 

panel established under section 302(g); 

(B) establish an advisory panel under section 302(g) for each 

fishery management plan to be prepared under this paragraph; 

(C) evaluate the likely effects, if any, of conservation and 

management measures on participants in the affected fisheries 

and minimize, to the extent practicable, any disadvantage to 

United States fishermen in relation to foreign competitors; 

(D) with respect to a highly migratory species for which the 

United States is authorized to harvest an allocation, quota, or 

at a fishing mortality level under a relevant international fishery agreement, provide fishing vessels of the United States 

with a reasonable opportunity to harvest such allocation, 

quota, or at such fishing mortality level; 

(E) review, on a continuing basis (and promptly whenever a 

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86 

cies has been made under a relevant international fishery 

agreement), and revise as appropriate, the conservation and 

management measures included in the plan; 

(F) diligently pursue, through international entities (such as 

the International Commission for the Conservation of Atlantic 

Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and 

(G) ensure that conservation and management measures 

under this subsection— 

(i) promote international conservation of the affected 

fishery; 

(ii) take into consideration traditional fishing patterns of 

fishing vessels of the United States and the operating requirements of the fisheries; 

(iii) are fair and equitable in allocating fishing privileges 

among United States fishermen and do not have economic 

allocation as the sole purpose; and 

(iv) promote, to the extent practicable, implementation of 

scientific research programs that include the tagging and 

release of Atlantic highly migratory species. 

(2) CERTAIN FISH EXCLUDED FROM ‘‘BYCATCH’’ DEFINITION.—Notwithstanding section 3(2), fish harvested in a commercial fishery 

managed by the Secretary under this subsection or the Atlantic 

Tunas Convention Act of 1975 (16 U.S.C. 971d), or highly migratory species harvested in a commercial fishery managed by a Council under this Act or the Western and Central Pacific Fisheries 

Convention Implementation Act, that are not regulatory discards 

and that are tagged and released alive under a scientific tagging 

and release program established by the Secretary shall not be considered bycatch for purposes of this Act. 

(h) REPEAL OR REVOCATION OF A FISHERY MANAGEMENT PLAN.— The Secretary may repeal or revoke a fishery management plan for 

a fishery under the authority of a Council only if the Council approves the repeal or revocation by a three-quarters majority of the 

voting members of the Council. 

(i) ENVIRONMENTAL REVIEW PROCESS.— (1) PROCEDURES.—The Secretary shall, in consultation with 

the Councils and the Council on Environmental Quality, revise 

and update agency procedures for compliance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.). The 

procedures shall— 

(A) conform to the time lines for review and approval of 

fishery management plans and plan amendments under 

this section; and 

(B) integrate applicable environmental analytical procedures, including the time frames for public input, with the 

procedure for the preparation and dissemination of fishery 

management plans, plan amendments, and other actions 

taken or approved pursuant to this Act in order to provide 

for timely, clear and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, 

and effectively involve the public. 

(2) USAGE.—The updated agency procedures promulgated in 

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87 

cedure for fishery management plans, amendments, regulations, or other actions taken or approved pursuant to this Act. 

(3) SCHEDULE FOR PROMULGATION OF FINAL PROCEDURES.— The Secretary shall— 

(A) propose revised procedures within 6 months after the 

date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006; 

(B) provide 90 days for public review and comments; and 

(C) promulgate final procedures no later than 12 months 

after the date of enactment of that Act. 

(4) PUBLIC PARTICIPATION.—The Secretary is authorized and 

directed, in cooperation with the Council on Environmental 

Quality and the Councils, to involve the affected public in the 

development of revised procedures, including workshops or 

other appropriate means of public involvement. 

ø(i)¿ (j) INTERNATIONAL OVERFISHING.—The provisions of this 

subsection shall apply in lieu of subsection (e) to a fishery that the 

Secretary determines is øoverfished¿ depleted or approaching a 

condition of being øoverfished¿ depleted due to excessive international fishing pressure, and for which there are no management 

measures to end overfishing under an international agreement to 

which the United States is a party. For such fisheries— 

(1) the Secretary, in cooperation with the Secretary of State, 

shall immediately take appropriate action at the international 

level to end the overfishing; and 

(2) within 1 year after the Secretary’s determination, the appropriate Council, or Secretary, for fisheries under section 

302(a)(3) shall— 

(A) develop recommendations for domestic regulations to 

address the relative impact of fishing vessels of the United 

States on the stock and, if developed by a Council, the 

Council shall submit such recommendations to the Secretary; and 

(B) develop and submit recommendations to the Secretary of State, and to the Congress, for international actions that will end overfishing in the fishery and rebuild 

the affected stocks, taking into account the relative impact 

of vessels of other nations and vessels of the United States 

on the relevant stock. 

(k) STOCK SURVEYS AND ASSESSMENTS.—Not later than 2 years 

after the date that the Secretary receives notice from a Council 

under section 302(m), the Secretary shall complete a peer-reviewed 

stock survey and stock assessment of the applicable stock of fish and 

transmit the results of the survey and assessment to the Council. 

SEC. 305. OTHER REQUIREMENTS AND AUTHORITY. 

(a) GEAR EVALUATION AND NOTIFICATION OF ENTRY.— 

(1) Not later than 18 months after the date of enactment of 

the Sustainable Fisheries Act, the Secretary shall publish in 

the Federal Register, after notice and an opportunity for public 

comment, a list of all fisheries— 

(A) under the authority of each Council and all fishing 

gear used in such fisheries, based on information submitted by the Councils under section 303(a); and 

(B) to which section 302(a)(3) applies and all fishing gear 

used in such fisheries. 

88 

(2) The Secretary shall include with such list guidelines for 

determining when fishing gear or a fishery is sufficiently different from those listed as to require notification under paragraph (3). 

(3) Effective 180 days after the publication of such list, no 

person or vessel may employ fishing gear or engage in a fishery not included on such list without giving 90 days advance 

written notice to the appropriate Council, or the Secretary with 

respect to a fishery to which section 302(a)(3) applies. A signed 

return receipt shall serve as adequate evidence of such notice 

and as the date upon which the 90-day period begins. 

(4) A Council may submit to the Secretary any proposed 

changes to such list or such guidelines the Council deems appropriate. The Secretary shall publish a revised list, after notice and an opportunity for public comment, upon receiving any 

such proposed changes from a Council. 

(5) A Council may request the Secretary to promulgate emergency regulations under subsection (c) to prohibit any persons 

or vessels from using an unlisted fishing gear or engaging in 

an unlisted fishery if the appropriate Council, or the Secretary 

for fisheries to which section 302(a)(3) applies, determines that 

such unlisted gear or unlisted fishery would compromise the effectiveness of conservation and management efforts under this 

Act. 

(6) Nothing in this subsection shall be construed to permit 

a person or vessel to engage in fishing or employ fishing gear 

when such fishing or gear is prohibited or restricted by regulation under a fishery management plan or plan amendment, or 

under other applicable law. 

(b) FISH HABITAT.—(1)(A) The Secretary shall, within 6 months 

of the date of enactment of the Sustainable Fisheries Act, establish 

by regulation guidelines to assist the Councils in the description 

and identification of essential fish habitat in fishery management 

plans (including adverse impacts on such habitat) and in the consideration of actions to ensure the conservation and enhancement 

of such habitat. The Secretary shall set forth a schedule for the 

amendment of fishery management plans to include the identification of essential fish habitat and for the review and updating of 

such identifications based on new scientific evidence or other relevant information. 

(B) The Secretary, in consultation with participants in the fishery, shall provide each Council with recommendations and information regarding each fishery under that Council’s authority to assist 

it in the identification of essential fish habitat, the adverse impacts 

on that habitat, and the actions that should be considered to ensure the conservation and enhancement of that habitat. 

(C) The Secretary shall review programs administered by the Department of Commerce and ensure that any relevant programs further the conservation and enhancement of essential fish habitat. 

(D) The Secretary shall coordinate with and provide information 

to other Federal agencies to further the conservation and enhancement of essential fish habitat. 

(2) Each Federal agency shall consult with the Secretary with respect to any action authorized, funded, or undertaken, or proposed 

89 

to be authorized, funded, or undertaken, by such agency that may 

adversely affect any essential fish habitat identified under this Act. 

(3) Each Council— 

(A) may comment on and make recommendations to the Secretary and any Federal or State agency concerning any activity 

authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or State agency 

that, in the view of the Council, may affect the habitat, including essential fish habitat, of a fishery resource under its authority; and 

(B) shall comment on and make recommendations to the Secretary and any Federal or State agency concerning any such 

activity that, in the view of the Council, is likely to substantially affect the habitat, including essential fish habitat, of an 

anadromous fishery resource under its authority. 

(4)(A) If the Secretary receives information from a Council or 

Federal or State agency or determines from other sources that an 

action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any State or Federal agency would 

adversely affect any essential fish habitat identified under this Act, 

the Secretary shall recommend to such agency measures that can 

be taken by such agency to conserve such habitat. 

(B) Within 30 days after receiving a recommendation under subparagraph (A), a Federal agency shall provide a detailed response 

in writing to any Council commenting under paragraph (3) and the 

Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In 

the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain its reasons 

for not following the recommendations. 

(c) EMERGENCY ACTIONS AND INTERIM MEASURES.—(1) If the Secretary finds that an emergency or overfishing exists or that interim 

measures are needed to reduce overfishing for any fishery, he may 

promulgate emergency or overfishing regulations or interim measures necessary to address the emergency or overfishing, without regard to whether a fishery management plan exists for such fishery. 

(2) If a Council finds that an emergency or overfishing exists or 

that interim measures are needed to reduce overfishing for any 

fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery— 

(A) the Secretary shall promulgate emergency or overfishing 

regulations or interim measures under paragraph (1) to address the emergency or overfishing if the Council, by unanimous vote of the members who are voting members, requests 

the taking of such action; and 

(B) the Secretary may promulgate emergency or overfishing 

regulations or interim measures under paragraph (1) to address the emergency or overfishing if the Council, by less than 

a unanimous vote, requests the taking of such action. 

(3) Any emergency regulation or interim measure which changes 

any existing fishery management plan or amendment shall be 

treated as an amendment to such plan for the period in which such 

regulation is in effect. Any emergency regulation or interim measure promulgated under this subsection— 

90 

(A) shall be published in the Federal Register together with 

the reasons therefor; 

(B) shall, except as provided in subparagraph (C), remain in 

effect for not more than ø180 days after the date of publication, 

and may be extended by publication in the Federal Register for 

one additional period of not more than 186 days, provided¿ 1 

year after the date of publication, and may be extended by publication in the Federal Register for one additional period of not 

more than 1 year, if the public has had an opportunity to comment on the emergency regulation or interim measure, and, in 

the case of a Council recommendation for emergency regulations or interim measures, the Council is actively preparing a 

fishery management plan, plan amendment, or proposed regulations to address the emergency or overfishing on a permanent basis; 

(C) that responds to a public health emergency or an oil spill 

may remain in effect until the circumstances that created the 

emergency no longer exist,Provided, That the public has an opportunity to comment after the regulation is published, and, in 

the case of a public health emergency, the Secretary of Health 

and Human Services concurs with the Secretary’s action; and 

(D) may be terminated by the Secretary at an earlier date 

by publication in the Federal Register of a notice of termination, except for emergency regulations or interim measures 

promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned. 

(d) RESPONSIBILITY OF THE SECRETARY.—The Secretary shall 

have general responsibility to carry out any fishery management 

plan or amendment approved or prepared by him, in accordance 

with the provisions of this Act. The Secretary may promulgate such 

regulations, in accordance with section 553 of title 5, United States 

Code, as may be necessary to discharge such responsibility or to 

carry out any other provision of this Act. 

(e) EFFECT OF CERTAIN LAWS ON CERTAIN TIME REQUIRE- MENTS.—The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 

seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

and Executive Order Numbered 12866, dated September 30, 1993, 

shall be complied with within the time limitations specified in subsections (a), (b), and (c) of section 304 as they apply to the functions of the Secretary under such provisions. 

(f) JUDICIAL REVIEW.—(1) Regulations promulgated by the Secretary under this Act and actions described in paragraph (2) shall 

be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 of title 5, United States Code, if a petition 

for such review is filed within 30 days after the date on which the 

regulations are promulgated or the action is published in the Federal Register, as applicable; except that— 

(A) section 705 of such title is not applicable, and 

(B) the appropriate court shall only set aside any such regulation or action on a ground specified in section 706(2)(A), (B), 

(C), or (D) of such title. 

(2) The actions referred to in paragraph (1) are actions that are 

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91 

ery management plan, including but not limited to actions that establish the date of closure of a fishery to commercial or recreational 

fishing. 

(3)(A) Notwithstanding any other provision of law, the Secretary 

shall file a response to any petition filed in accordance with paragraph (1), not later than 45 days after the date the Secretary is 

served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the 

Secretary of good cause for that extension. 

(B) A response of the Secretary under this paragraph shall include a copy of the administrative record for the regulations that 

are the subject of the petition. 

(4) Upon a motion by the person who files a petition under this 

subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in 

every possible way. 

(g) NEGOTIATED CONSERVATION AND MANAGEMENT MEASURES.— 

(1)(A) In accordance with regulations promulgated by the 

Secretary pursuant to this paragraph, a Council may establish 

a fishery negotiation panel to assist in the development of specific conservation and management measures for a fishery 

under its authority. The Secretary may establish a fishery negotiation panel to assist in the development of specific conservation and management measures required for a fishery 

under section 304(e)(5), for a fishery for which the Secretary 

has authority under section 304(g), or for any other fishery 

with the approval of the appropriate Council. 

(B) No later than 180 days after the date of enactment of the 

Sustainable Fisheries Act, the Secretary shall promulgate regulations establishing procedures, developed in cooperation with 

the Administrative Conference of the United States, for the establishment and operation of fishery negotiation panels. Such 

procedures shall be comparable to the procedures for negotiated rulemaking established by subchapter III of chapter 5 of 

title 5, United States Code. 

(2) If a negotiation panel submits a report, such report shall 

specify all the areas where consensus was reached by the 

panel, including, if appropriate, proposed conservation and 

management measures, as well as any other information submitted by members of the negotiation panel. Upon receipt, the 

Secretary shall publish such report in the Federal Register for 

public comment. 

(3) Nothing in this subsection shall be construed to require 

either a Council or the Secretary, whichever is appropriate, to 

use all or any portion of a report from a negotiation panel established under this subsection in the development of specific 

conservation and management measures for the fishery for 

which the panel was established. 

(h) CENTRAL REGISTRY SYSTEM FOR LIMITED ACCESS SYSTEM

PERMITS.— 

(1) Within 6 months after the date of enactment of the Sustainable Fisheries Act, the Secretary shall establish an exclusive central registry system (which may be administered on a 

regional basis) for limited access system permits established 

under section 303(b)(6) or other Federal law, including limited 

92 

access privileges, which shall provide for the registration of 

title to, and interests in, such permits, as well as for procedures for changes in the registration of title to such permits 

upon the occurrence of involuntary transfers, judicial or nonjudicial foreclosure of interests, enforcement of judgments 

thereon, and related matters deemed appropriate by the Secretary. Such registry system shall— 

(A) provide a mechanism for filing notice of a nonjudicial 

foreclosure or enforcement of a judgment by which the 

holder of a senior security interest acquires or conveys 

ownership of a permit, and in the event of a nonjudicial 

foreclosure, by which the interests of the holders of junior 

security interests are released when the permit is transferred; 

(B) provide for public access to the information filed 

under such system, notwithstanding section 402(b); and 

(C) provide such notice and other requirements of applicable law that the Secretary deems necessary for an effective registry system. 

(2) The Secretary shall promulgate such regulations as may 

be necessary to carry out this subsection, after consulting with 

the Councils and providing an opportunity for public comment. 

The Secretary is authorized to contract with non-Federal entities to administer the central registry system. 

(3) To be effective and perfected against any person except 

the transferor, its heirs and devisees, and persons having actual notice thereof, all security interests, and all sales and 

other transfers of permits described in paragraph (1), shall be 

registered in compliance with the regulations promulgated 

under paragraph (2). Such registration shall constitute the exclusive means of perfection of title to, and security interests in, 

such permits, except for Federal tax liens thereon, which shall 

be perfected exclusively in accordance with the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). The Secretary shall notify both the buyer and seller of a permit if a lien has been 

filed by the Secretary of the Treasury against the permit before 

collecting any transfer fee under paragraph (5) of this subsection. 

(4) The priority of security interests shall be determined in 

order of filing, the first filed having the highest priority. A validly-filed security interest shall remain valid and perfected notwithstanding a change in residence or place of business of the 

owner of record. For the purposes of this subsection, ‘‘security 

interest’’ shall include security interests, assignments, liens 

and other encumbrances of whatever kind. 

(5)(A) Notwithstanding section 304(d)(1), the Secretary shall 

collect a reasonable fee of not more than one-half of one percent of the value of a limited access system permit upon registration of the title to such permit with the central registry 

system and upon the transfer of such registered title. Any such 

fee collected shall be deposited in the Limited Access System 

Administration Fund established under subparagraph (B). 

(B) There is established in the Treasury a Limited Access 

System Administration Fund. The Fund shall be available, 

93 

without appropriation or fiscal year limitation, only to the Secretary for the purposes of— 

(i) administering the central registry system; and 

(ii) administering and implementing this Act in the fishery in which the fees were collected. Sums in the Fund 

that are not currently needed for these purposes shall be 

kept on deposit or invested in obligations of, or guaranteed 

by, the United States. 

(i) ALASKA AND WESTERN PACIFIC COMMUNITY DEVELOPMENT

PROGRAMS.— 

(1) WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.— 

(A) IN GENERAL.—There is established the western Alaska community development quota program in order— 

(i) to provide eligible western Alaska villages with 

the opportunity to participate and invest in fisheries 

in the Bering Sea and Aleutian Islands Management 

Area; 

(ii) to support economic development in western 

Alaska; 

(iii) to alleviate poverty and provide economic and 

social benefits for residents of western Alaska; and 

(iv) to achieve sustainable and diversified local 

economies in western Alaska. 

(B) PROGRAM ALLOCATION.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

the annual percentage of the total allowable catch, 

guideline harvest level, or other annual catch limit allocated to the program in each directed fishery of the 

Bering Sea and Aleutian Islands shall be the percentage approved by the Secretary, or established by Federal law, as of March 1, 2006, for the program. The 

percentage for each fishery shall be either a directed 

fishing allowance or include both directed fishing and 

nontarget needs based on existing practice with respect to the program as of March 1, 2006, for each 

fishery. 

(ii) EXCEPTIONS.—Notwithstanding clause (i)— 

(I) the allocation under the program for each directed fishery of the Bering Sea and Aleutian Islands (other than a fishery for halibut, sablefish, 

pollock, and crab) shall be a total allocation (directed and nontarget combined) of 10.7 percent effective January 1, 2008; and 

(II) the allocation under the program in any directed fishery of the Bering Sea and Aleutian Islands (other than a fishery for halibut, sablefish, 

pollock, and crab) established after the date of enactment of this subclause shall be a total allocation (directed and nontarget combined) of 10.7 

percent. 

The total allocation (directed and nontarget combined) 

for a fishery to which subclause (I) or (II) applies may 

not be exceeded. 

94 

(iii) PROCESSING AND OTHER RIGHTS.—Allocations to 

the program include all processing rights and any 

other rights and privileges associated with such allocations as of March 1, 2006. 

(iv) REGULATION OF HARVEST.—The harvest of allocations under the program for fisheries with individual quotas or fishing cooperatives shall be regulated by the Secretary in a manner no more restrictive 

than for other participants in the applicable sector, including with respect to the harvest of nontarget species. 

(C) ALLOCATIONS TO ENTITIES.—Each entity eligible to 

participate in the program shall be authorized under the 

program to harvest annually the same percentage of each 

species allocated to the program under subparagraph (B) 

that it was authorized by the Secretary to harvest of such 

species annually as of March 1, 2006, except to the extent 

that its allocation is adjusted under subparagraph (H). 

Such allocation shall include all processing rights and any 

other rights and privileges associated with such allocations 

as of March 1, 2006. Voluntary transfers by and among eligible entities shall be allowed, whether before or after harvesting. Notwithstanding the first sentence of this subparagraph, seven-tenths of one percent of the total allowable catch, guideline harvest level, or other annual catch 

limit, within the amount allocated to the program by subclause (I) or subclause (II) of subparagraph (B)(ii), shall be 

allocated among the eligible entities by the panel established in subparagraph (G), or allocated by the Secretary 

based on the nontarget needs of eligible entities in the absence of a panel decision. 

(D) ELIGIBLE VILLAGES.—The following villages shall be 

eligible to participate in the program through the following 

entities: 

(i) The villages of Akutan, Atka, False Pass, Nelson 

Lagoon, Nikolski, and Saint George through the Aleutian Pribilof Island Community Development Association. 

(ii) The villages of Aleknagik, Clark’s Point, 

Dillingham, Egegik, Ekuk, Ekwok, King Salmon/ 

Savonoski, Levelock, Manokotak, Naknek, Pilot Point, 

Port Heiden, Portage Creek, South Naknek, Togiak, 

Twin Hills, and Ugashik through the Bristol Bay Economic Development Corporation. 

(iii) The village of Saint Paul through the Central 

Bering Sea Fishermen’s Association. 

(iv) The villages of Chefornak, Chevak, Eek, 

Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, 

Kwigillingok, Mekoryuk, Napakiak, Napaskiak, 

Newtok, Nightmute, Oscarville, Platinum, Quinhagak, 

Scammon Bay, Toksook Bay, Tuntutuliak, and 

Tununak through the Coastal Villages Region Fund. 

(v) The villages of Brevig Mission, Diomede, Elim, 

Gambell, Golovin, Koyuk, Nome, Saint Michael, 

Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet, 

95 

Wales, and White Mountain through the Norton 

Sound Economic Development Corporation. 

(vi) The villages of Alakanuk, Emmonak, Grayling, 

Kotlik, Mountain Village, and Nunam Iqua through 

the Yukon Delta Fisheries Development Association. 

(E) ELIGIBILITY REQUIREMENTS FOR PARTICIPATING ENTITIES.—To be eligible to participate in the program, an entity referred to in subparagraph (D) shall meet the following 

requirements: 

(i) BOARD OF DIRECTORS.—The entity shall be governed by a board of directors. At least 75 percent of 

the members of the board shall be resident fishermen 

from the entity’s member villages. The board shall include at least one director selected by each such member village. 

(ii) PANEL REPRESENTATIVE.—The entity shall elect a 

representative to serve on the panel established by 

subparagraph (G). 

(iii) OTHER INVESTMENTS.—The entity may make up 

to 20 percent of its annual investments in any combination of the following: 

(I) For projects that are not fishery-related and 

that are located in its region. 

(II) On a pooled or joint investment basis with 

one or more other entities participating in the program for projects that are not fishery-related and 

that are located in one or more of their regions. 

(III) For matching Federal or State grants for 

projects or programs in its member villages without regard to any limitation on the Federal or 

State share, or restriction on the source of any 

non-Federal or non-State matching funds, of any 

grant program under any other provision of law. 

(iv) FISHERY-RELATED INVESTMENTS.—The entity 

shall make the remainder percent of its annual investments in fisheries-related projects or for other purposes consistent with the practices of the entity prior 

to March 1, 2006. 

(v) ANNUAL STATEMENT OF COMPLIANCE.—Each year 

the entity, following approval by its board of directors 

and signed by its chief executive officer, shall submit 

a written statement to the Secretary and the State of 

Alaska that summarizes the purposes for which it 

made investments under clauses (iii) and (iv) during 

the preceding year. 

(vi) OTHER PANEL REQUIREMENTS.—The entity shall 

comply with any other requirements established by 

the panel under subparagraph (G). 

(F) ENTITY STATUS, LIMITATIONS, AND REGULATION.—The 

entity— 

(i) shall be subject to any excessive share ownership, 

harvesting, or processing limitations in the fisheries of 

the Bering Sea and Aleutian Islands Management 

Area only to the extent of the entity’s proportional 

96 

ownership, excluding any program allocations, and 

notwithstanding any other provision of law; 

(ii) shall comply with State of Alaska law requiring 

annual reports to the entity’s member villages summarizing financial operations for the previous calendar 

year, including general and administrative costs and 

compensation levels of the top 5 highest paid personnel; 

(iii) shall comply with State of Alaska laws to prevent fraud that are administered by the Alaska Division of Banking and Securities, except that the entity 

and the State shall keep confidential from public disclosure any information if the disclosure would be 

harmful to the entity or its investments; and 

(iv) is exempt from compliance with any State law 

requiring approval of financial transactions, community development plans, or amendments thereto, except as required by subparagraph (H). 

(G) ADMINISTRATIVE PANEL.— 

(i) ESTABLISHMENT.—There is established a community development quota program panel. 

(ii) MEMBERSHIP.—The panel shall consist of 6 members. Each entity participating in the program shall 

select one member of the panel. 

(iii) FUNCTIONS.—The panel shall— 

(I) administer those aspects of the program not 

otherwise addressed in this paragraph, either 

through private contractual arrangement or 

through recommendations to the North Pacific 

Council, the Secretary, or the State of Alaska, as 

the case may be; and 

(II) coordinate and facilitate activities of the entities under the program. 

(iv) UNANIMITY REQUIRED.—The panel may act only 

by unanimous vote of all 6 members of the panel and 

may not act if there is a vacancy in the membership 

of the panel. 

(H) DECENNIAL REVIEW AND ADJUSTMENT OF ENTITY AL- LOCATIONS.— (i) IN GENERAL.—During calendar year 2012 and 

every 10 years thereafter, the State of Alaska shall 

evaluate the performance of each entity participating 

in the program based on the criteria described in 

clause (ii). 

(ii) CRITERIA.—The panel shall establish a system to 

be applied under this subparagraph that allows each 

entity participating in the program to assign relative 

values to the following criteria to reflect the particular 

needs of its villages: 

(I) Changes during the preceding 10-year period 

in population, poverty level, and economic development in the entity’s member villages. 

(II) The overall financial performance of the entity, including fishery and nonfishery investments 

by the entity. 

97 

(III) Employment, scholarships, and training 

supported by the entity. 

(IV) Achieving of the goals of the entity’s community development plan. 

(iii) ADJUSTMENT OF ALLOCATIONS.—After the evaluation required by clause (i), the State of Alaska shall 

make a determination, on the record and after an opportunity for a hearing, with respect to the performance of each entity participating in the program for 

the criteria described in clause (ii). If the State determines that the entity has maintained or improved its 

overall performance with respect to the criteria, the allocation to such entity under the program shall be extended by the State for the next 10-year period. If the 

State determines that the entity has not maintained 

or improved its overall performance with respect to 

the criteria— 

(I) at least 90 percent of the entity’s allocation 

for each species under subparagraph (C) shall be 

extended by the State for the next 10-year period; 

and 

(II) the State may determine, or the Secretary 

may determine (if State law prevents the State 

from making the determination), and implement 

an appropriate reduction of up to 10 percent of the 

entity’s allocation for each species under subparagraph (C) for all or part of such 10-year period. 

(iv) REALLOCATION OF REDUCED AMOUNT.—If the 

State or the Secretary reduces an entity’s allocation 

under clause (iii), the reduction shall be reallocated 

among other entities participating in the program 

whose allocations are not reduced during the same period in proportion to each such entity’s allocation of 

the applicable species under subparagraph (C). 

(I) SECRETARIAL APPROVAL NOT REQUIRED.—Notwithstanding any other provision of law or regulation thereunder, the approval by the Secretary of a community development plan, or an amendment thereof, under the program is not required. 

(J) COMMUNITY DEVELOPMENT PLAN DEFINED.—In this 

paragraph, the term ‘‘community development plan’’ means 

a plan, prepared by an entity referred to in subparagraph 

(D), for the program that describes how the entity intends— 

(i) to harvest its share of fishery resources allocated 

to the program, or 

(ii) to use its share of fishery resources allocated to 

the program, and any revenue derived from such use, 

to assist its member villages with projects to advance 

economic development, 

but does not include a plan that allocates fishery resources 

to the program. 

(2)(A) The Western Pacific Council and the Secretary may establish a western Pacific community development program for 

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98 

vide access to such fishery for western Pacific communities 

that participate in the program. 

(B) To be eligible to participate in the western Pacific community development program, a community shall— 

(i) be located within the Western Pacific Regional Fishery Management Area; 

(ii) meet criteria developed by the Western Pacific Council, approved by the Secretary and published in the Federal Register; 

(iii) consist of community residents who are descended 

from the aboriginal people indigenous to the area who conducted commercial or subsistence fishing using traditional 

fishing practices in the waters of the Western Pacific region; 

(iv) not have previously developed harvesting or processing capability sufficient to support substantial participation in fisheries in the Western Pacific Regional Fishery 

Management Area; and 

(v) develop and submit a Community Development Plan 

to the Western Pacific Council and the Secretary. 

(C) In developing the criteria for eligible communities under 

subparagraph (B)(ii), the Western Pacific Council shall base 

such criteria on traditional fishing practices in or dependence 

on the fishery, the cultural and social framework relevant to 

the fishery, and economic barriers to access to the fishery. 

(D) For the purposes of this subsection ‘‘Western Pacific Regional Fishery Management Area’’ means the area under the 

jurisdiction of the Western Pacific Council, or an island within 

such area. 

(E) Notwithstanding any other provision of this Act, the 

Western Pacific Council shall take into account traditional indigenous fishing practices in preparing any fishery management plan. 

(3) The Secretary shall deduct from any fees collected from 

a community development quota program under section 

304(d)(2) the costs incurred by participants in the program for 

observer and reporting requirements which are in addition to 

observer and reporting requirements of other participants in 

the fishery in which the allocation to such program has been 

made. 

(4) After the date of enactment of the Sustainable Fisheries 

Act, the North Pacific Council and Western Pacific Council 

may not submit to the Secretary a community development 

quota program that is not in compliance with this subsection. 

(j) WESTERN PACIFIC AND NORTHERN PACIFIC REGIONAL MARINE

EDUCATION AND TRAINING.— 

(1) IN GENERAL.—The Secretary shall establish a pilot program for regionally-based marine education and training programs in the Western Pacific and the Northern Pacific to foster 

understanding, practical use of knowledge (including native 

Hawaiian, Alaskan Native, and other Pacific Islander-based 

knowledge), and technical expertise relevant to stewardship of 

living marine resources. The Secretary shall, in cooperation 

with the Western Pacific and the North Pacific Regional Fishery Management Councils, regional educational institutions, 

99 

and local Western Pacific and Northern Pacific community 

training entities, establish programs or projects that will improve communication, education, and training on marine resource issues throughout the region and increase scientific education for marine-related professions among coastal community 

residents, including indigenous Pacific islanders, Native Hawaiians, Alaskan Natives, and other underrepresented groups 

in the region. 

(2) PROGRAM COMPONENTS.—The program shall— 

(A) include marine science and technology education and 

training programs focused on preparing community residents for employment in marine related professions, including marine resource conservation and management, 

marine science, marine technology, and maritime operations; 

(B) include fisheries and seafood-related training programs, including programs for fishery observers, seafood 

safety and seafood marketing, focused on increasing the involvement of coastal community residents in fishing, fishery management, and seafood-related operations; 

(C) include outreach programs and materials to educate 

and inform consumers about the quality and sustainability 

of wild fish or fish products farmed through responsible 

aquaculture, particularly in Hawaii, Alaska, the Western 

Pacific, the Northern Pacific, and the Central Pacific; 

(D) include programs to identify, with the fishing industry, methods and technologies that will improve the data 

collection, quality, and reporting and increase the sustainability of fishing practices, and to transfer such methods 

and technologies among fisheries sectors and to other nations in the Western, Northern, and Central Pacific; 

(E) develop means by which local and traditional knowledge (including Pacific islander, Native Hawaiian, and 

Alaskan Native knowledge) can enhance science-based 

management of fishery resources of the region; and 

(F) develop partnerships with other Western Pacific Island and Alaskan agencies, academic institutions, and 

other entities to meet the purposes of this section. 

(k) MULTISPECIES GROUNDFISH.— (1) IN GENERAL.—Within 60 days after the date of enactment 

of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary of Commerce 

shall determine whether fishing in State waters— 

(A) without a New England multispecies groundfish fishery permit on regulated species within the multispecies 

complex is not consistent with the applicable Federal fishery management plan; or 

(B) without a Federal bottomfish and seamount groundfish permit in the Hawaiian archipelago on regulated species within the complex is not consistent with the applicable Federal fishery management plan or State data are not 

sufficient to make such a determination. 

(2) CURE.—If the Secretary makes a determination that such 

actions are not consistent with the plan, the Secretary shall, 

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100 

fected State, develop and implement measures to cure the inconsistency pursuant to section 306(b). 

SEC. 306. STATE JURISDICTION. 

(a) IN GENERAL.— (1) Except as provided in subsection (b), nothing in this Act 

shall be construed as extending or diminishing the jurisdiction 

or authority of any State within its boundaries. 

(2) For the purposes of this Act, except as provided in subsection (b), the jurisdiction and authority of a State shall extend— 

(A) to any pocket of waters that is adjacent to the State 

and totally enclosed by lines delimiting the territorial sea 

of the United States pursuant to the Geneva Convention 

on the Territorial Sea and Contiguous Zone or any successor convention to which the United States is a party; 

(B) with respect to the body of water commonly known 

as Nantucket Sound, to the pocket of water west of the 

seventieth meridian west of Greenwich; and 

(C) to the waters of southeastern Alaska (for the purpose 

of regulating fishing for other than any species of crab) 

that are— 

(i) north of the line representing the international 

boundary at Dixon Entrance and the westward extension of that line; east of 138 degrees west longitude; 

and not more than three nautical miles seaward from 

the coast, from the lines extending from headland to 

headland across all bays, inlets, straits, passes, 

sounds, and entrances, and from any island or group 

of islands, including the islands of the Alexander Archipelago (except Forrester Island); or 

(ii) between the islands referred to in clause (i) (except Forrester Island) and the mainland. 

(3) A State may regulate a fishing vessel outside the boundaries of the State in the following circumstances: 

(A) The fishing vessel is registered under the law of that 

State, and (i) there is no fishery management plan or other 

applicable Federal fishing regulations for the fishery in 

which the vessel is operating; or (ii) the State’s laws and 

regulations are consistent with the fishery management 

plan and applicable Federal fishing regulations for the 

fishery in which the vessel is operating. 

(B) The fishery management plan for the fishery in 

which the fishing vessel is operating delegates management of the fishery to a State and the State’s laws and 

regulations are consistent with such fishery management 

plan. If at any time the Secretary determines that a State 

law or regulation applicable to a fishing vessel under this 

circumstance is not consistent with the fishery management plan, the Secretary shall promptly notify the State 

and the appropriate Council of such determination and 

provide an opportunity for the State to correct any inconsistencies identified in the notification. If, after notice and 

opportunity for corrective action, the State does not correct 

the inconsistencies identified by the Secretary, the authority granted to the State under this subparagraph shall not 

101 

apply until the Secretary and the appropriate Council find 

that the State has corrected the inconsistencies. For a fishery for which there was a fishery management plan in 

place on August 1, 1996 that did not delegate management 

of the fishery to a State as of that date, the authority provided by this subparagraph applies only if the Council approves the delegation of management of the fishery to the 

State by a three-quarters majority vote of the voting members of the Council. 

(C) The fishing vessel is not registered under the law of 

the State of Alaska and is operating in a fishery in the exclusive economic zone off Alaska for which there øwas no¿ 

is no fishery management plan in place øon August 1, 

1996¿, and the Secretary and the North Pacific Council 

find that there is a legitimate interest of the State of Alaska in the conservation and management of such fishery. 

The authority provided under this subparagraph shall terminate when a fishery management plan under this Act is 

approved and implemented for such fishery. 

(b) EXCEPTION.—(1) If the Secretary finds, after notice and an opportunity for a hearing in accordance with section 554 of title 5, 

United States Code, that— 

(A) the fishing is a fishery, which is covered by a fishery 

management plan implemented under this Act, is engaged in 

predominately within the exclusive economic zone and beyond 

such zone; and 

(B) any State has taken any action, or omitted to take any 

action, the results of which will substantially and adversely affect the carrying out of such fishery management plan; 

the Secretary shall promptly notify such State and the appropriate 

Council of such finding and of his intention to regulate the applicable fishery within the boundaries of such State (other than its internal waters), pursuant to such fishery management plan and the 

regulations promulgated to implement such plan. 

(2) If the Secretary, pursuant to this subsection, assumes responsibility for the regulation of any fishery, the State involved may at 

any time thereafter apply to the Secretary for reinstatement of its 

authority over such fishery. If the Secretary finds that the reasons 

for which he assumed such regulation no longer prevail, he shall 

promptly terminate such regulation. 

(3) If the State involved requests that a hearing be held pursuant to paragraph (1), the Secretary shall conduct such hearing prior to taking any action under paragraph (1). 

(4) Notwithstanding section 3(11), for the purposes of managing the recreational sector of the Gulf of Mexico red snapper 

fishery, the seaward boundary of a coastal State in the Gulf of 

Mexico is a line 9 miles seaward from the baseline from which 

the territorial sea of the United States is measured. 

(c) EXCEPTION REGARDING FOREIGN FISH PROCESSING IN INTERNAL WATERS.—(1) A foreign fishing vessel may engage in fish processing within the internal waters of a State if, and only if— 

(A) the vessel is qualified for purposes of this paragraph pursuant to paragraph (4)(C) or has received a permit under section 204(d); 

102 

(B) the owner or operator of the vessel applies to the Governor of the State for, and (subject to paragraph (2)) is granted, 

permission for the vessel to engage in such processing and the 

application specifies the species to be processed; and 

(C) the owner or operator of the vessel submits reports 

on the tonnage of fish received from vessels of the United 

States and the locations from which such fish were harvested, in accordance with such procedures as the Secretary by regulation shall prescribe. 

(2) The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph 

(1)— 

(A) for a fishery which occurs in the waters of more than one 

State or in the exclusive economic zone, except after— 

(i) consulting with the appropriate Council and Marine 

Fisheries Commission, and 

(ii) considering any comments received from the Governor of any other State where the fishery occurs; and 

(B) if the Governor determines that fish processors within 

the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the 

fishery concerned that are landed in the State. 

(3) Nothing in this subsection may be construed as relieving a 

foreign fishing vessel from the duty to comply with all applicable 

Federal and State laws while operating within the internal waters 

of a State incident to permission obtained under paragraph (1)(B). 

(4) For purposes of this subsection— 

(A) The term ‘‘fish processing’’ includes, in addition to processing, the performance of any other activity relating to fishing, including, but not limited to, preparation, supply, storage, 

refrigeration, or transportation. 

(B) The phrase ‘‘internal waters of a State’’ means all waters 

within the boundaries of a State except those seaward of the 

baseline from which the territorial sea is measured. 

(C) A foreign fishing vessel shall be treated as qualified for 

purposes of paragraph (1) if the foreign nation under which it 

is flagged will be a party to (i) a governing international fishery agreement or (ii) a treaty described in section 201(b) of this 

Act (16 U.S.C. 1821(b)) during the time the vessel will engage 

in the fish processing for which permission is sought under 

paragraph (1)(B). 

SEC. 307. PROHIBITED ACTS. 

øIt is unlawful—¿ (a) IN GENERAL.—It is unlawful— 

(1) for any person— 

(A) to violate any provision of this Act or any regulation 

or permit issued pursuant to this Act; 

(B) to use any fishing vessel to engage in fishing after 

the revocation, or during the period of suspension, of an 

applicable permit issued pursuant to this Act; 

(C) to violate any provision of, or regulation under, an 

applicable governing international fishery agreement entered into pursuant to section 201(c); 

(D) to refuse to permit any officer authorized to enforce 

the provisions of this Act (as provided for in section 311) 

to board a fishing vessel subject to such person’s control 

103 

for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation, 

permit, or agreement referred to in subparagraph (A) or 

(C); 

(E) to forcibly assault, resist, oppose, impede, intimidate, 

or interfere with any such authorized officer in the conduct 

of any search or inspection described in subparagraph (D); 

(F) to resist a lawful arrest for any act prohibited by this 

section; 

(G) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any 

fish taken or retained in violation of this Act or any regulation, permit, or agreement referred to in subparagraph 

(A) or (C); 

(H) to interfere, with, delay, or prevent, by any means, 

the apprehension or arrest of another person, knowing 

that such other person has committed any act prohibited 

by this section; 

(I) to knowingly and willfully submit to a Council, the 

Secretary, or the Governor of a State false information (including, but not limited to, false information regarding the 

capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing 

vessels of the United States) regarding any matter that 

the Council, Secretary, or Governor is considering in the 

course of carrying out this Act; 

(J) to ship, transport, offer for sale, sell, or purchase, in 

interstate or foreign commerce, any whole live lobster of 

the species Homarus americanus, that— 

(i) is smaller than the minimum possession size in 

effect at the time under the American Lobster Fishery 

Management Plan, as implemented by regulations 

published in part 649 of title 50, Code of Federal Regulations, or any successor to that plan implemented 

under this title, or in the absence of any such plan, is 

smaller than the minimum possession size in effect at 

the time under a coastal fishery management plan for 

American lobster adopted by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal 

Fisheries Cooperative Management Act (16 U.S.C. 

5101 et seq.); 

(ii) is bearing eggs attached to its abdominal appendages; or 

(iii) bears evidence of the forcible removal of extruded eggs from its abdominal appendages; 

(K) to knowingly steal, or without authorization, to remove, damage, or tamper with— 

(i) fishing gear owned by another person, which is 

located in the exclusive economic zone, or 

(ii) fish contained in such fishing gear; 

(L) to forcibly assault, resist, oppose, impede, intimidate, 

sexually harass, bribe, or interfere with any observer on a 

vessel under this Act, or any data collector employed by 

104 

the National Marine Fisheries Service or under contract to 

any person to carry out responsibilities under this Act; 

(M) to engage in large-scale driftnet fishing that is subject to the jurisdiction of the United States, including use 

of a fishing vessel of the United States to engage in such 

fishing beyond the exclusive economic zone of any nation; 

(N) to strip pollock of its roe and discard the flesh of the 

pollock; 

(O) to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under section 

302(j), or to knowingly vote on a Council decision in violation of section 302(j)(7)(A); 

(P)(i) to remove any of the fins of a shark (including the 

tail) at sea; 

(ii) to have custody, control, or possession of any such fin 

aboard a fishing vessel unless it is naturally attached to 

the corresponding carcass; 

(iii) to transfer any such fin from one vessel to another 

vessel at sea, or to receive any such fin in such transfer, 

without the fin naturally attached to the corresponding 

carcass; or 

(iv) to land any such fin that is not naturally attached 

to the corresponding carcass, or to land any shark carcass 

without such fins naturally attached; 

(Q) to import, export, transport, sell, receive, acquire, or 

purchase in interstate or foreign commerce any fish taken, 

possessed, transported, or sold in violation of any foreign 

law or regulation or any treaty or in contravention of any 

binding conservation measure adopted by an international 

agreement or organization to which the United States is a 

party; or 

(R) to use any fishing vessel to engage in fishing in Federal or State waters, or on the high seas or in the waters 

of another country, after the Secretary has made a payment to the owner of that fishing vessel under section 

312(b)(2). 

For purposes of subparagraph (P), there shall be a rebuttable 

presumption that if any shark fin (including the tail) is found 

aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was 

transferred in violation of subparagraph (P)(iii) or that if, after 

landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of 

shark carcasses landed, such fins were taken, held, or landed 

in violation of subparagraph (P). In such subparagraph, the 

term ‘‘naturally attached’’, with respect to a shark fin, means 

attached to the corresponding shark carcass through some portion of uncut skin. 

(2) for any vessel other than a vessel of the United States, 

and for the owner or operator of any vessel other than a vessel 

of the United States, to engage— 

(A) in fishing within the boundaries of any State, except— 

(i) recreational fishing permitted under section 

201(i); 

105 

(ii) fish processing permitted under section 306(c); or 

(iii) transshipment at sea of fish or fish products 

within the boundaries of any State in accordance with 

a permit approved under section 204(d); 

(B) in fishing, except recreational fishing permitted 

under section 201(i), within the exclusive economic zone, or 

for any anadromous species or Continental Shelf fishery 

resources beyond such zone or areas, unless such fishing 

is authorized by, and conducted in accordance with, a valid 

and applicable permit issued pursuant to section 204(b), 

(c), or (d); or 

(C) except as permitted under section 306(c), in fish 

processing (as defined in paragraph (4)(A) of such section) 

within the internal waters of a State (as defined in paragraph (4)(B) of such section); 

(3) for any vessel of the United States, and for the owner or 

operator of any vessel of the United States, to transfer at sea 

directly or indirectly, or attempt to so transfer at sea, any 

United States harvested fish to any foreign fishing vessel, 

while such foreign vessel is within the exclusive economic zone 

or within the boundaries of any State except to the extent that 

the foreign fishing vessel has been permitted under section 

204(d) or section 306(c) to receive such fish; 

(4) for any fishing vessel other than a vessel of the United 

States to operate, and for the owner or operator of a fishing 

vessel other than a vessel of the United States to operate such 

vessel, in the exclusive economic zone or within the boundaries 

of any State or special areas, if— 

(A) all fishing gear on the vessel is not stored below deck 

or in an area where it is not normally used, and not readily available, for fishing; or 

(B) all fishing gear on the vessel which is not so stored 

is not secured and covered so as to render it unusable for 

fishing; 

unless such vessel is authorized to engage in fishing in the 

area in which the vessel is operating; and 

(5) for any vessel of the United States, and for the owner or 

operator of any vessel of the United States, to engage in fishing in the waters of a foreign nation in a manner that violates 

an international fishery agreement between that nation and 

the United States that has been subject to Congressional oversight in the manner described in section 203, or any regulations issued to implement such an agreement; except that the 

binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior 

to such violation. 

(b) PROHIBITION ON SHARK FEEDING OFF COAST OF FLORIDA.— 

(1) IN GENERAL.—It is unlawful— 

(A) for any diver to engage in shark feeding in covered 

waters; and 

(B) for any person to operate a vessel for hire for the purpose of carrying a passenger to a site if such person knew 

or should have known that the passenger intended, at that 

site, to be a diver— 

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

106 

(ii) engaged in observing shark feeding in covered 

waters. 

(2) DEFINITIONS.—For purposes of this subsection: 

(A) COVERED WATERS.—The term ‘‘covered waters’’ means 

Federal waters off the coast of Florida. 

(B) DIVER.—The term ‘‘diver’’ means a person who is 

wholly or partially submerged in covered water and is 

equipped with a face mask, face mask and snorkel, or underwater breathing apparatus. 

(C) SHARK FEEDING.—The term ‘‘shark feeding’’ means— 

(i) the introduction of food or any other substance 

into covered water for the purpose of feeding or attracting sharks; or 

(ii) presenting food or any other substance to a shark 

for the purpose of feeding or attracting sharks. 

(3) EXCEPTION.—This subsection shall not apply to shark 

feeding conducted— 

(A) by a research institution, university, or government 

agency for research purposes; or 

(B) for the purpose of harvesting sharks. 

* * * * * * * 

SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES. 

(a) FISHERIES DISASTER RELIEF.—(1)(A) 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— 

ø(A)¿ (i) natural causes; 

ø(B)¿ (ii) 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 

ø(C)¿ (iii) undetermined causes. 

(B) The Secretary shall publish the estimated cost of recovery 

from a fishery resource disaster no later than 30 days after the Secretary makes the determination under subparagraph (A) with respect to such disaster. 

(2) The Secretary shall make a decision regarding a request from 

a Governor under paragraph (1) within 90 days after receiving an 

estimate of the economic impact of the fishery resource disaster from 

the entity requesting the relief. 

ø(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 

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107 

cial fishery failure in that fishery or into other fisheries or other 

geographic regions. 

ø(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. 

ø(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. 

(b) FISHING CAPACITY REDUCTION PROGRAM.—(1) The Secretary, 

at the request of the appropriate Council for fisheries under the authority of such Council, the Governor of a State for fisheries under 

State authority, or a majority of permit holders in the fishery, may 

conduct a voluntary fishing capacity reduction program (referred to 

in this section as the ‘‘program’’) in a fishery if the Secretary determines that the program— 

(A) is necessary to prevent or end overfishing, rebuild stocks 

of fish, or achieve measurable and significant improvements in 

the conservation and management of the fishery; 

(B) is consistent with the Federal or State fishery management plan or program in effect for such fishery, as appropriate, 

and that the fishery management plan— 

(i) will prevent the replacement of fishing capacity removed by the program through a moratorium on new entrants, practicable restrictions on vessel upgrades, and 

other effort control measures, taking into account the full 

potential fishing capacity of the fleet; and 

(ii) establishes a specified or target total allowable catch 

or other measures that trigger closure of the fishery or adjustments to reduce catch; and 

(C) is cost-effective and, in the instance of a program involving an industry fee system, prospectively capable of repaying 

any debt obligation incurred under section 1111 of title XI of 

the Merchant Marine Act, 1936. 

(2) The objective of the program shall be to obtain the maximum 

sustained reduction in fishing capacity at the least cost and in a 

minimum period of time. To achieve that objective, the Secretary 

is authorized to pay— 

(A) the owner of a fishing vessel, if the permit authorizing 

the participation of the vessel in the fishery is surrendered for 

permanent revocation and the vessel owner and permit holder 

relinquish any claim associated with the vessel or permit that 

could qualify such owner or holder for any present or future 

limited access system permit in the fishery for which the program is established or in any other fishery and such vessel is 

(i) scrapped, or (ii) through the Secretary of the department in 

which the Coast Guard is operating, subjected to title restrictions (including loss of the vessel’s fisheries endorsement) that 

permanently prohibit and effectively prevent its use in fishing 

in federal or state waters, or fishing on the high seas or in the 

waters of a foreign nation; or 

(B) the holder of a permit authorizing participation in the 

fishery, if such permit is surrendered for permanent revocation, and such holder relinquishes any claim associated with 

the permit and vessel used to harvest fishery resources under 

the permit that could qualify such holder for any present or fuVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00107 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
108 

ture limited access system permit in the fishery for which the 

program was established. 

(3) Participation in the program shall be voluntary, but the Secretary shall ensure compliance by all who do participate. 

(4) The harvester proponents of each program and the Secretary 

shall consult, as appropriate and practicable, with Councils, Federal agencies, State and regional authorities, affected fishing communities, participants in the fishery, conservation organizations, 

and other interested parties throughout the development and implementation of any program under this section. 

(5) PAYMENT CONDITION.—The Secretary may not make a payment under paragraph (2) with respect to a vessel that will not be 

scrapped unless the Secretary certifies that the vessel will not be 

used for fishing in the waters of a foreign nation or fishing on the 

high seas. 

(6) REPORT.— 

(A) IN GENERAL.—Subject to the availability of funds, the 

Secretary shall, within 12 months after the date of the enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 submit to the Congress 

a report— 

(i) identifying and describing the 20 fisheries in United 

States waters with the most severe examples of excess 

harvesting capacity in the fisheries, based on value of each 

fishery and the amount of excess harvesting capacity as 

determined by the Secretary; 

(ii) recommending measures for reducing such excess 

harvesting capacity, including the retirement of any latent 

fishing permits that could contribute to further excess harvesting capacity in those fisheries; and 

(iii) potential sources of funding for such measures. 

(B) BASIS FOR RECOMMENDATIONS.—The Secretary shall base 

the recommendations made with respect to a fishery on— 

(i) the most cost effective means of achieving voluntary 

reduction in capacity for the fishery using the potential for 

industry financing; and 

(ii) including measures to prevent the capacity that is 

being removed from the fishery from moving to other fisheries in the United States, in the waters of a foreign nation, or on the high seas. 

(c) PROGRAM FUNDING.—(1) The program may be funded by any 

combination of amounts— 

(A) available under clause (iv) of section 2(b)(1)(A) of the Act 

of August 11, 1939 (15 U.S.C. 713c–3(b)(1)(A); the SaltonstallKennedy Act); 

(B) appropriated for the purposes of this section; 

(C) provided by an industry fee system established under 

subsection (d) and in accordance with section 1111 of title XI 

of the Merchant Marine Act, 1936; or 

(D) provided from any State or other public sources or private or non-profit organizations. 

(2) All funds for the program, including any fees established 

under subsection (d), shall be paid into the fishing capacity reduction fund established under section 1111 of title XI of the Merchant 

Marine Act, 1936. 

109 

(d) INDUSTRY FEE SYSTEM.—(1)(A) If an industry fee system is 

necessary to fund the program, the Secretary may conduct a referendum on such system. Prior to the referendum, the Secretary 

shall— 

(i) identify, to the extent practicable, and notify all permit or 

vessel owners who would be affected by the program; and 

(ii) make available to such owners information about the industry fee system describing the schedule, procedures, and eligibility requirements for the referendum, the proposed program, and the amount and duration and any other terms and 

conditions of the proposed fee system. 

(B) The industry fee system shall be considered approved if the 

referendum votes which are cast in favor of the proposed system 

constitute at least a majority of the permit holders in the fishery, 

or 50 percent of the permitted allocation of the fishery, who participated in the fishery. 

(2) Notwithstanding section 304(d) and consistent with an approved industry fee system, the Secretary is authorized to establish 

such a system to fund the program and repay debt obligations incurred pursuant to section 1111 of title XI of the Merchant Marine 

Act, 1936. The fees for a program established under this section 

shall— 

(A) be determined by the Secretary and adjusted from time 

to time as the Secretary considers necessary to ensure the 

availability of sufficient funds to repay such debt obligations; 

(B) not exceed 5 percent of the ex-vessel value of all fish harvested from the fishery for which the program is established; 

(C) be deducted by the first ex-vessel fish purchaser from the 

proceeds otherwise payable to the seller and accounted for and 

forwarded by such fish purchasers to the Secretary in such 

manner as the Secretary may establish, unless the Secretary 

determines that such fees should be collected from the seller; 

and 

(D) be in effect only until such time as the debt obligation 

has been fully paid. 

(e) IMPLEMENTATION PLAN.— 

(1) FRAMEWORK REGULATIONS.—The Secretary shall propose 

and adopt framework regulations applicable to the implementation of all programs under this section. 

(2) PROGRAM REGULATIONS.—The Secretary shall implement 

each program under this section by promulgating regulations 

that, together with the framework regulations, establish each 

program and control its implementation. 

(3) HARVESTER PROPONENTS’ IMPLEMENTATION PLAN.—The 

Secretary may not propose implementation regulations for a 

program to be paid for by an industry fee system until the harvester proponents of the program provide to the Secretary a 

proposed implementation plan that, among other matters— 

(A) proposes the types and numbers of vessels or permits 

that are eligible to participate in the program and the 

manner in which the program shall proceed, taking into 

account— 

(i) the requirements of this section; 

(ii) the requirements of the framework regulations; 

110 

(iii) the characteristics of the fishery and affected 

fishing communities; 

(iv) the requirements of the applicable fishery management plan and any amendment that such plan may 

require to support the proposed program; 

(v) the general needs and desires of harvesters in 

the fishery; 

(vi) the need to minimize program costs; and 

(vii) other matters, including the manner in which 

such proponents propose to fund the program to ensure its cost effectiveness, as well as any relevant factors demonstrating the potential for, or necessary to 

obtain, the support and general cooperation of a substantial number of affected harvesters in the fishery 

(or portion of the fishery) for which the program is intended; and 

(B) proposes procedures for program participation (such 

as submission of owner bids under an auction system or 

fair market-value assessment), including any terms and 

conditions for participation, that the harvester proponents 

deem to be reasonably necessary to meet the program’s 

proposed objectives. 

(4) PARTICIPATION CONTRACTS.—The Secretary shall contract 

with each person participating in a program, and each such 

contract shall, in addition to including such other matters as 

the Secretary deems necessary and appropriate to effectively 

implement each program (including penalties for contract nonperformance) be consistent with the framework and implementing regulations and all other applicable law. 

(5) REDUCTION AUCTIONS.—Each program not involving fair 

market assessment shall involve a reduction auction that 

scores the reduction price of each bid offer by the data relevant 

to each bidder under an appropriate fisheries productivity factor. If the Secretary accepts bids, the Secretary shall accept responsive bids in the rank order of their bid scores, starting 

with the bid whose reduction price is the lowest percentage of 

the productivity factor, and successively accepting each additional responsive bid in rank order until either there are no 

more responsive bids or acceptance of the next bid would cause 

the total value of bids accepted to exceed the amount of funds 

available for the program. 

(6) BID INVITATIONS.—Each program shall proceed by the 

Secretary issuing invitations to bid setting out the terms and 

conditions for participation consistent with the framework and 

implementing regulations. Each bid that the Secretary receives 

in response to the invitation to bid shall constitute an irrevocable offer from the bidder. 

SEC. 313. NORTH PACIFIC FISHERIES CONSERVATION. 

(a) IN GENERAL.—The North Pacific Council may prepare, in consultation with the Secretary, a fisheries research plan for any fishery under the Council’s jurisdiction except a salmon fishery 

which— 

(1) requires that observers be stationed on fishing vessels engaged in the catching, taking, or harvesting of fish and on 

United States fish processors fishing for or processing species 

111 

under the jurisdiction of the Council, including the Northern 

Pacific halibut fishery, for the purpose of collecting data necessary for the conservation, management, and scientific understanding of any fisheries under the Council’s jurisdiction; and 

(2) establishes a system, or system, of fees, which may vary 

by fishery, management area, or observer coverage level, to 

pay for the cost of implementing the plan. 

(b) STANDARDS.—(1) Any plan or plan amendment prepared 

under this section shall be reasonably calculated to— 

(A) gather reliable data, by stationing observers, or electronic 

monitoring systems, on all or a statistically reliable sample of 

the fishing vessels and United States fish processors included 

in the plan, necessary for the conservation, management, and 

scientific understanding of the fisheries covered by the plan; 

(B) be fair and equitable to all vessels and processors; 

(C) be consistent with applicable provisions of law; and 

(D) take into consideration the operating requirements of the 

fisheries and the safety of observers and fishermen. 

(2) Any system of fees established under this section shall— 

(A) provide that the total amount of fees collected under this 

section not exceed the combined cost of (i) stationing observers, 

or electronic monitoring systems, on board fishing vessels and 

United States fish processors, (ii) the actual cost of inputting 

collected data, and (iii) assessments necessary for a risk-sharing pool implemented under subsection (e) of this section, less 

any amount received for such purpose from another source or 

from an existing surplus in the North Pacific Fishery Observer 

Fund established in subsection (d) of this section; 

(B) be fair and equitable to all participants in the fisheries 

under the jurisdiction of the Council, including the Northern 

Pacific halibut fishery; 

(C) provide that fees collected not be used to pay any costs 

of administrative overhead or other costs not directly incurred 

in carrying out the plan; 

(D) not be used to offset amounts authorized under other 

provisions of law; 

(E) be expressed as a fixed amount reflecting actual observer 

costs as described in subparagraph (A) or a percentage, not to 

exceed 2 percent, of the unprocessed ex-vessel value of fish and 

shellfish harvested under the jurisdiction of the Council, including the Northern Pacific halibut fishery; 

(F) be assessed against some or all fishing vessels and 

United States fish processors, including those not required to 

carry an observer or an electronic monitoring system under the 

plan, participating in fisheries under the jurisdiction of the 

Council, including the Northern Pacific halibut fishery; 

(G) provide that fees collected will be deposited in the North 

Pacific Fishery Observer Fund established under subsection (d) 

of this section; 

(H) provide that fees collected will only be used for implementing the plan established under this section; 

(I) provide that fees collected will be credited against any fee 

for stationing observers or electronic monitoring systems on 

board fishing vessels and United States fish processors and the 

112 

actual cost of inputting collected data to which a fishing vessel 

or fish processor is subject under section 304(d) of this Act; and 

(J) meet the requirements of section 9701(b) of title 31, 

United States Code. 

(c) ACTION BY SECRETARY.—(1) Within 60 days after receiving a 

plan or plan amendment from the North Pacific Council under this 

section, the Secretary shall review such plan or plan amendment 

and either (A) remand such plan or plan amendment to the Council 

with comments if it does not meet the requirements of this section, 

or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment. 

(2) During the 60-day public comment period, the Secretary shall 

conduct a public hearing in each State represented on the Council 

for the purpose of receiving public comments on the proposed regulations. 

(3) Within 45 days of the close of the public comment period, the 

Secretary, in consultation with the Council, shall analyze the public comment received and publish final regulations for implementing such plan. 

(4) If the Secretary remands a plan or plan amendment to the 

Council for failure to meet the requirements of this section, the 

Council may resubmit such plan or plan amendment at any time 

after taking action the Council believes will address the defects 

identified by the Secretary. Any plan or plan amendment resubmitted to the Secretary will be treated as an original plan submitted to the Secretary under paragraph (1) of this subsection. 

(d) FISHERY OBSERVER FUND.—There is established in the Treasury a North Pacific Fishery Observer Fund. The Fund shall be 

available, without appropriation or fiscal year limitation, only to 

the Secretary for the purpose of carrying out the provisions of this 

section, subject to the restrictions in subsection (b)(2) of this section. The Fund shall consist of all monies deposited into it in accordance with this section. Sums in the Fund that are not currently 

needed for the purposes of this section shall be kept on deposit or 

invested in obligations of, or guaranteed by, the United States. 

(e) SPECIAL PROVISIONS REGARDING OBSERVERS.—(1) The Secretary shall review— 

(A) the feasibility of establishing a risk sharing pool through 

a reasonable fee, subject to the limitations of subsection 

(b)(2)(E) of this section, to provide coverage for vessels and 

owners against liability from civil suits by observers, and 

(B) the availability of comprehensive commercial insurance 

for vessel and owner liability against civil suits by observers. 

(2) If the Secretary determines that a risk sharing pool is feasible, the Secretary shall establish such a pool, subject to the provisions of subsection (b)(2) of this section, unless the Secretary determines that— 

(A) comprehensive commercial insurance is available for all 

fishing vessels and United States fish processors required to 

have observers under the provisions of this section, and 

(B) such comprehensive commercial insurance will provide a 

greater measure of coverage at a lower cost to each participant. 

(f) BYCATCH REDUCTION.—In implementing section 303(a)(11) 

and this section, the North Pacific Council shall submit conservation and management measures to lower, on an annual basis for 

113 

a period of not less than four years, the total amount of economic 

discards occurring in the fisheries under its jurisdiction. 

(g) BYCATCH REDUCTION INCENTIVES.—(1) Notwithstanding section 304(d), the North Pacific Council may submit, and the Secretary may approve, consistent with the provisions of this Act, a 

system of fines in a fishery to provide incentives to reduce bycatch 

and bycatch rates; except that such fines shall not exceed $25,000 

per vessel per season. Any fines collected shall be deposited in the 

North Pacific Fishery Observer Fund, and may be made available 

by the Secretary to offset costs related to the reduction of bycatch 

in the fishery from which such fines were derived, including conservation and management measures and research, and to the 

State of Alaska to offset costs incurred by the State in the fishery 

from which such penalties were derived or in fisheries in which the 

State is directly involved in management or enforcement and which 

are directly affected by the fishery from which such penalties were 

derived. 

(2)(A) Notwithstanding section 303(d), and in addition to the authority provided in section 303(b)(10), the North Pacific Council 

may submit, and the Secretary may approve, conservation and 

management measures which provide allocations of regulatory discards to individual fishing vessels as an incentive to reduce per 

vessel bycatch and bycatch rates in a fishery,Provided, That— 

(i) such allocations may not be transferred for monetary consideration and are made only on an annual basis; and 

(ii) any such conservation and management measures will 

meet the requirements of subsection (h) and will result in an 

actual reduction in regulatory discards in the fishery. 

(B) The North Pacific Council may submit restrictions in addition 

to the restriction imposed by clause (i) of subparagraph (A) on the 

transferability of any such allocations, and the Secretary may approve such recommendation. 

(h) CATCH MEASUREMENT.—(1) By June 1, 1997 the North Pacific 

Council shall submit, and the Secretary may approve, consistent 

with the other provisions of this Act, conservation and management measures to ensure total catch measurement in each fishery 

under the jurisdiction of such Council. Such measures shall ensure 

the accurate enumeration, at a minimum, of target species, economic discards, and regulatory discards. 

(2) To the extent the measures submitted under paragraph (1) do 

not require United States fish processors and fish processing vessels (as defined in chapter 21 of title 46, United States Code) to 

weigh fish, the North Pacific Council and the Secretary shall submit a plan to the Congress by January 1, 1998, to allow for weighing, including recommendations to assist such processors and processing vessels in acquiring necessary equipment, unless the Council determines that such weighing is not necessary to meet the requirements of this subsection. 

(i) FULL RETENTION AND UTILIZATION.—(1) The North Pacific 

Council shall submit to the Secretary by October 1, 1998 a report 

on the advisability of requiring the full retention by fishing vessels 

and full utilization by United States fish processors of economic 

discards in fisheries under its jurisdiction if such economic discards, or the mortality of such economic discards, cannot be avoided. The report shall address the projected impacts of such requireVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00113 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
114 

ments on participants in the fishery and describe any full retention 

and full utilization requirements that have been implemented. 

(2) The report shall address the advisability of measures to minimize processing waste, including standards setting minimum percentages which must be processed for human consumption. For the 

purpose of the report, ‘‘processing waste’’ means that portion of any 

fish which is processed and which could be used for human consumption or other commercial use, but which is not so used. 

(j) BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONALIZATION.— (1) By not later than January 1, 2005, the Secretary shall 

approve and hereafter implement by regulation the Voluntary 

Three-Pie Cooperative Program for crab fisheries of the Bering 

Sea and Aleutian Islands approved by the North Pacific Fishery Management Council between June 2002 and April 2003, 

and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the Secretary from approving by January 1, 2005, and implementing 

any subsequent program amendments approved by the Council. 

(2) Notwithstanding any other provision of this Act, in carrying out paragraph (1) the Secretary shall approve all parts 

of the Program referred to in such paragraph. Further, no part 

of such Program may be implemented if, as approved by the 

North Pacific Fishery Management Council, individual fishing 

quotas, processing quotas, community development quota allocation, voluntary cooperatives, binding arbitration, regional 

landing and processing requirements, community protections, 

economic data collection, or the loan program for crab fishing 

vessel captains and crew members, is invalidated subject to a 

judicial determination not subject to judicial appeal. If the Secretary determines that a processor has leveraged its Individual 

Processor Quota shares to acquire a harvesters open-delivery 

‘‘B shares’’, the processor’s Individual Processor Quota shares 

shall be forfeited. 

(3) Subsequent to implementation pursuant to paragraph (1), 

the Council may submit and the Secretary may implement 

changes to or repeal of conservation and management measures, including measures authorized in this section, for crab 

fisheries of the Bering Sea and Aleutian Islands in accordance 

with applicable law, including this Act as amended by this subsection, to achieve on a continuing basis the purposes identified by the Council. 

(4) The loan program referred to in paragraph (2) shall be 

carried out pursuant to the authority of sections 1111 and 1112 

of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 

1279f, 1279g). 

(5) For purposes of implementing this section $1,000,000 

shall be made available each year until fully implemented from 

funds otherwise made available to the National Marine Fisheries Service for Alaska fisheries activities. 

(6) Nothing in this Act shall constitute a waiver, either express or implied, of the antitrust laws of the United States. 

The Secretary, in consultation with the Department of Justice 

and the Federal Trade Commission, shall develop and implement a mandatory information collection and review process to 

115 

provide any and all information necessary for the Department 

of Justice and the Federal Trade Commission to determine 

whether any illegal acts of anti-competition, anti-trust, or price 

collusion have occurred among persons receiving individual 

processing quotas under the Program. The Secretary may revoke any individual processing quota held by any person found 

to have violated a provision of the antitrust laws of the United 

States. 

(7) An individual processing quota issued under the Program 

shall be considered a permit for the purposes of sections 307, 

308, and 309, and may be revoked or limited at any time in 

accordance with this Act. Issuance of an individual processing 

quota under the program shall not confer any right of compensation to the holder of such individual processing quota if 

it is revoked or limited and shall not create, or be construed 

to create, any right, title, or interest in or to any fish before 

the fish is purchased from an individual fishing quota holder. 

(8) The restriction on the collection of economic data in section 303 shall not apply with respect to any fish processor who 

is eligible for, or who has received, individual processing quota 

under the Program. The restriction on the disclosure of information in section 402(b)(1) shall not apply when the information is used to determine eligibility for or compliance with an 

individual processing quota program. 

(9) The provisions of sections 308, 310, and 311 shall apply 

to the processing facilities and fish products of any person 

holding individual processing quota, and the provisions of subparagraphs (D), (E), and (L) of section 307(l) shall apply to any 

facility owned or controlled by a person holding individual 

processing quota. 

(k) ARCTIC COMMUNITY DEVELOPMENT QUOTA.—If the North Pacific Fishery Management Council issues a fishery management 

plan for the exclusive economic zone in the Arctic Ocean, or an 

amendment to the Fishery Management Plan for Fish Resources of 

the Arctic Management Area issued by such Council, that makes 

available to commercial fishing, and establishes a sustainable harvest level, for any part of such zone, the Council shall set aside not 

less than 10 percent of the total allowable catch therein as a community development quota for coastal villages located north and 

east of the Bering Strait. 

SEC. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT 

PROGRAM. 

(a) PROGRAM.—(1) Not later than October 1, 1993, the Secretary 

shall establish a Northwest Atlantic Ocean Fisheries Reinvestment 

Program for the purposes of— 

(A) promoting development of commercial fisheries and markets for underutilized species of the northwest Atlantic Ocean; 

(B) developing alternative fishing opportunities for participants in the New England groundfish fishery; 

(C) providing technical support and assistance to United 

States fishermen and fish processors to improve the valueadded processing of underutilized species and to make participation in fisheries for underutilized species of the northwest 

Atlantic Ocean economically viable; 

116 

(D) creating new economic opportunities through the improved processing and expanded use of fish waste; and 

(E) helping to restore øoverfished¿ depleted New England 

groundfish stocks through aquaculture or hatchery programs. 

(2) CONSULTATION.—In establishing and implementing the 

Northwest Fisheries Reinvestment Program, the Secretary shall 

consult with representatives of the commercial fishing industry, the 

seafood processing industry, and the academic community (including the National Sea Grant Program). 

(3) ACTIVITIES UNDER PROGRAM.—Subject to the availability of 

appropriations, the Secretary shall award contracts, grants and 

other financial assistance to United States citizens to carry out the 

purposes of subsection (1), under the terms and conditions provided 

in section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c); 

commonly referred to as the ‘‘Saltonstall-Kennedy Act’’), except 

that, in making awards under this section for projects involving 

participation in fisheries for underutilized species, the Secretary 

shall give the highest priority to a person who owns or operates a 

fishing vessel permitted under this Act to participate in the New 

England groundfish fishery who agrees to surrender that permit to 

the Secretary during the duration of the contract, grant or other 

assistance. 

(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $5,000,000 for each of fiscal years 1993 through 

1999 to carry out the purposes of this section. For fiscal year 1993 

no more than $1,000,000, and for fiscal year 1994 no more than 

$2,000,000, of such funds may be provided from monies made available under section 2(b) of the Act of August 11, 1939 (15 U.S.C. 

713c–3(b)). 

(b) ASSISTANCE OF OTHER AGENCIES.—The Secretary shall actively seek the assistance of other Federal agencies in the development of fisheries for underutilized species of the northwest Atlantic 

Ocean, including, to the extent permitted by other applicable laws, 

assistance from the Secretary of Agriculture in including such underutilized species as agricultural commodities in the programs of 

the Foreign Agricultural Service for which amounts are authorized 

under the Food, Agriculture, Conservation, and Trade Act of 1990 

(Public Law 101–624; 104 Stat. 3359). 

(c) MANAGEMENT PLANS FOR UNDERUTILIZED SPECIES.—The New 

England Fishery Management Council, in consultation with other 

appropriate Councils, shall develop fishery management plans as 

soon as possible for any underutilized species of the northwest Atlantic Ocean that is not covered under such a plan, in order to prevent overfishing of that species. 

(d) UNDERUTILIZED SPECIES DEFINED.—For purposes of this section, the term ‘‘underutilized species of the northwest Atlantic 

Ocean’’ means any fish species of the northwest Atlantic Ocean 

that is identified, by the Director of the Northeast Fisheries Center 

of the National Marine Fisheries Service, as an underutilized species. 

* * * * * * * 

SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM. 

(a) IN GENERAL.—(1) The Secretary of Commerce, in consultation 

with the Councils, shall establish a cooperative research and manVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00116 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
117 

agement program to address needs identified under this Act and 

under any other marine resource laws enforced by the Secretary. 

The program shall be implemented on a regional basis and shall 

be developed and conducted through partnerships among Federal, 

State, and Tribal managers and scientists (including interstate 

fishery commissions), fishing industry participants (including use 

of commercial charter or recreational vessels for gathering data), 

and educational institutions. 

(2) Within one year after the date of enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries 

Management Act, and after consultation with the Councils, the Secretary shall publish a plan for implementing and conducting the 

program established in paragraph (1). Such plan shall identify and 

describe critical regional fishery management and research needs, 

possible projects that may address those needs, and estimated costs 

for such projects. The plan shall be revised and updated every 5 

years, and updated plans shall include a brief description of 

projects that were funded in the prior 5-year period and the research and management needs that were addressed by those 

projects. 

(b) ELIGIBLE PROJECTS.—The Secretary shall make funds available under the program for the support of projects to address critical needs identified by the Councils in consultation with the Secretary. The program shall promote and encourage efforts to utilize 

sources of data maintained by other Federal agencies, State agencies, or academia for use in such projects. 

(c) øFUNDING¿ PRIORITIES.—In making funds available the Secretary shall award funding on a competitive basis and based on regional fishery management needs, select programs that form part 

of a coherent program of research focused on solving priority issues 

identified by the Councils, and shall give priority to the following 

projects: 

(1) Projects to collect data to improve, supplement, or enhance stock assessments, øincluding the use of fishing vessels 

or acoustic or other marine technology.¿ including.— 

(A) the use of fishing vessels or acoustic or other marine 

technology; 

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

(C) improving monitoring and observer coverage through 

the expanded use of electronic monitoring devices. 

(2) Projects to assess the amount and type of bycatch or postrelease mortality occurring in a fishery. 

(3) Conservation engineering projects designed to reduce bycatch, including avoidance of post-release mortality, reduction 

of bycatch in high seas fisheries, and transfer of such fishing 

technologies to other nations. 

(4) Projects for the identification of habitat areas of particular concern and for habitat conservation. 

(5) Projects designed to collect and compile economic and social data. 

(d) EXPERIMENTAL PERMITTING PROCESS.—Not later than 180 

days after the date of enactment of the Magnuson-Stevens Fishery 

Conservation and Management Reauthorization Act of 2006, the 

Secretary, in consultation with the Councils, shall promulgate regVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00117 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
118 

ulations that create an expedited, uniform, and regionally-based 

process to promote issuance, where practicable, of experimental 

fishing permits. 

(e) GUIDELINES.—The Secretary, in consultation with the Councils, shall establish guidelines to ensure that participation in a research project funded under this section does not result in loss of 

a participant’s catch history or unexpended days-at-sea as part of 

a limited entry system. 

(f) EXEMPTED PROJECTS.—The procedures of this section shall not 

apply to research funded by quota set-asides in a fishery. 

* * * * * * * 

TITLE IV—FISHERY MONITORING AND 

RESEARCH 

SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT. 

(a) STANDARDIZED FISHING VESSEL REGISTRATION AND INFORMATION MANAGEMENT SYSTEM.—The Secretary shall, in cooperation 

with the Secretary of the department in which the Coast Guard is 

operating, the States, the Councils, and Marine Fisheries Commissions, develop recommendations for implementation of a standardized fishing vessel registration and information management system on a regional basis. The recommendations shall be developed 

after consultation with interested governmental and nongovernmental parties and shall— 

(1) be designed to standardize the requirements of vessel 

registration and information collection systems required by 

this Act, the Marine Mammal Protection Act (16 U.S.C. 1361 

et seq.), and any other marine resource law implemented by 

the Secretary, and, with the permission of a State, any marine 

resource law implemented by such State; 

(2) integrate information collection programs under existing 

fishery management plans into a non-duplicative information 

collection and management system; 

(3) avoid duplication of existing State, tribal, or Federal systems and shall utilize, to the maximum extent practicable, information collected from existing systems; 

(4) provide for implementation of the system through cooperative agreements with appropriate State, regional, or tribal entities and Marine Fisheries Commissions; 

(5) provide for funding (subject to appropriations) to assist 

appropriate State, regional, or tribal entities and Marine Fisheries Commissions in implementation; 

(6) establish standardized units of measurement, nomenclature, and formats for the collection and submission of information; 

(7) minimize the paperwork required for vessels registered 

under the system; 

(8) include all species of fish within the geographic areas of 

authority of the Councils and all fishing vessels including charter fishing vessels, but excluding recreational fishing vessels; 

(9) require United States fish processors, and fish dealers 

and other first ex-vessel purchasers of fish that are subject to 

the proposed system, to submit information (other than ecoVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00118 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
119 

nomic information) which may be necessary to meet the goals 

of the proposed system; and 

(10) include procedures necessary to ensure— 

(A) the confidentiality of information collected under this 

section in accordance with section 402(b); and 

(B) the timely release or availability to the public of information collected under this section consistent with section 402(b). 

(b) FISHING VESSEL REGISTRATION.—The proposed registration 

system should, at a minimum, obtain the following information for 

each fishing vessel— 

(1) the name and official number or other identification, together with the name and address of the owner or operator or 

both; 

(2) gross tonnage, vessel capacity, type and quantity of fishing gear, mode of operation (catcher, catcher processor, or 

other), and such other pertinent information with respect to 

vessel characteristics as the Secretary may require; and 

(3) identification (by species, gear type, geographic area of 

operations, and season) of the fisheries in which the fishing 

vessel participates. 

(c) FISHERY INFORMATION.—The proposed information management system should, at a minimum, provide basic fisheries performance information for each fishery, including— 

(1) the number of vessels participating in the fishery including charter fishing vessels; 

(2) the time period in which the fishery occurs; 

(3) the approximate geographic location or official reporting 

area where the fishery occurs; 

(4) a description of fishing gear used in the fishery, including 

the amount and type of such gear and the appropriate unit of 

fishing effort; and 

(5) other information required under subsection 303(a)(5) or 

requested by the Council under section 402. 

(d) USE OF REGISTRATION.—Any registration recommended under 

this section shall not be considered a permit for the purposes of 

this Act, and the Secretary may not propose to revoke, suspend, 

deny, or impose any other conditions or restrictions on any such 

registration or the use of such registration under this Act. 

(e) PUBLIC COMMENT.—Within one year after the date of enactment of the Sustainable Fisheries Act, the Secretary shall publish 

in the Federal Register for a 60-day public comment period a proposal that would provide for implementation of a standardized fishing vessel registration and information collection system that meets 

the requirements of subsections (a) through (c). The proposal shall 

include— 

(1) a description of the arrangements of the Secretary for 

consultation and cooperation with the department in which the 

Coast Guard is operating, the States, the Councils, Marine 

Fisheries Commissions, the fishing industry and other interested parties; and 

(2) any proposed regulations or legislation necessary to implement the proposal. 

(f) CONGRESSIONAL TRANSMITTAL.—Within 60 days after the end 

of the comment period and after consideration of comments reVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00119 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
120 

ceived under subsection (e), the Secretary shall transmit to the 

Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a recommended proposal for implementation of a national 

fishing vessel registration system that includes— 

(1) any modifications made after comment and consultation; 

(2) a proposed implementation schedule, including a schedule 

for the proposed cooperative agreements required under subsection (a)(4); and 

(3) recommendations for any such additional legislation as 

the Secretary considers necessary or desirable to implement 

the proposed system. 

(g) RECREATIONAL FISHERIES.— 

(1) FEDERAL PROGRAM.—The Secretary shall establish and 

implement a regionally based registry program for recreational 

fishermen in each of the 8 fishery management regions. The 

program, which shall not require a fee before January 1, 2011, 

shall provide for— 

(A) the registration (including identification and contact 

information) of individuals who engage in recreational 

fishing— 

(i) in the Exclusive Economic Zone; 

(ii) for anadromous species; or 

(iii) for Continental Shelf fishery resources beyond 

the Exclusive Economic Zone; and 

(B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels 

used in such fishing. 

(2) STATE PROGRAMS.—The Secretary shall exempt from registration under the program recreational fishermen and charter fishing vessels licensed, permitted, or registered under the 

laws of a State if the Secretary determines that information 

from the State program is suitable for the Secretary’s use or 

is used to assist in completing marine recreational fisheries 

statistical surveys, or evaluating the effects of proposed conservation and management measures for marine recreational 

fisheries. 

(3) DATA COLLECTION.— 

(A) IMPROVEMENT OF THE MARINE RECREATIONAL FISHERY

STATISTICS SURVEY.—Within 24 months after the date of 

enactment of the Magnuson-Stevens Fishery Conservation 

and Management Reauthorization Act of 2006, the Secretary, in consultation with representatives of the recreational fishing industry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accuracy of information 

generated by the Marine Recreational Fishery Statistics 

Survey, with a goal of achieving acceptable accuracy and 

utility for each individual fishery. 

(B) NRC REPORT RECOMMENDATIONS.—The program 

shall take into consideration and, to the extent feasible, 

implement the recommendations of the National Research 

Council in its report Review of Recreational Fisheries Survey Methods (2006), including— 

121 

(i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation 

procedures, its applicability to various kinds of management decisions, and its usefulness for social and 

economic analyses; and 

(ii) providing for ongoing technical evaluation and 

modification as needed to meet emerging management 

needs. 

(C) METHODOLOGY.—Unless the Secretary determines 

that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent 

possible, include— 

(i) an adequate number of intercepts to accurately 

estimate recreational catch and effort; 

(ii) use of surveys that target anglers registered or 

licensed at the State or Federal level to collect participation and effort data; 

(iii) collection and analysis of vessel trip report data 

from charter fishing vessels; 

(iv) development of a weather corrective factor that 

can be applied to recreational catch and effort estimates; and 

(v) an independent committee composed of recreational fishermen, academics, persons with expertise 

in stock assessments and survey design, and appropriate personnel from the National Marine Fisheries 

Service to review the collection estimates, geographic, 

and other variables related to dockside intercepts and 

to identify deficiencies in recreational data collection, 

and possible correction measures. 

(D) DEADLINE.—The Secretary shall complete the program under this paragraph and implement the improved 

Marine Recreational Fishery Statistics Survey not later 

than January 1, 2009. 

(4) FEDERAL-STATE PARTNERSHIPS.— (A) ESTABLISHMENT.—The Secretary shall establish partnerships with States to develop best practices for implementation of State programs established pursuant to paragraph 

(2). 

(B) GUIDANCE.—The Secretary shall develop guidance, in 

cooperation with the States, that details best practices for 

administering State programs pursuant to paragraph (2), 

and provide such guidance to the State. 

ø(4)¿ (5) REPORT.—Within 24 months after establishment of 

the program, the Secretary shall submit a report to Congress 

that describes the progress made toward achieving the goals 

and objectives of the program. 

* * * * * * * 

SEC. 404. FISHERIES RESEARCH. 

(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 

122 

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. 

123 

(e) IMPROVING DATA COLLECTION AND ANALYSIS.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall develop, in consultation 

with the science and statistical committees of the Councils established under section 302(g) and the Marine Fisheries Commissions, and submit to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental 

sources described in paragraph (2) into fisheries management 

decisions. 

(2) NONGOVERNMENTAL SOURCES.—Nongovernmental sources 

referred to in paragraph (1) include the following: 

(A) Fishermen. 

(B) Fishing communities. 

(C) Universities. 

(D) Research and philanthropic institutions. 

(3) CONTENT.—In developing the report under paragraph (1), 

the Secretary shall— 

(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used for 

purposes of this Act as the basis for establishing conservation and management measures as required by section 

303(a)(1), including setting standards for the collection and 

use of that data and analysis in stock assessments and surveys and for other purposes as determined by the Secretary; 

(B) provide specific recommendations for collecting data 

and performing analyses identified as necessary to reduce 

uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could 

be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions; 

(C) consider the extent to which it is possible to establish 

a registry of persons collecting or submitting the data and 

performing the analyses identified under subparagraphs 

(A) and (B); and 

(D) consider the extent to which the acceptance and use 

of data and analyses identified in the report in fishery 

management decisions is practicable. 

(f) STOCK ASSESSMENT PLAN.— 

(1) IN GENERAL.—The Secretary shall develop and publish in 

the Federal Register, on the same schedule as required for the 

strategic plan required under subsection (b) of this section, a 

plan to conduct stock assessments for all stocks of fish for 

which a fishery management plan is in effect under this Act. 

(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 

124 

(ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment— 

(I) every 5 years; or 

(II) within such other time period specified and 

justified by the Secretary in the plan; 

(B) for each 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 within 

3 years after the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and 

(C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be 

provided by fishermen, fishing communities, universities, 

and research institutions, to the extent that use of such 

data would be consistent with the requirements in section 

301(a)(2) to base conservation and management measures 

on the best scientific information available. 

(3) WAIVER OF STOCK ASSESSMENT REQUIREMENT.—Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock assessment 

is not required for a stock of fish in the plan if the Secretary 

determines that such a stock assessment is not necessary and 

justifies such determination in the Federal Register notice required by this subsection. 

SEC. 405. INCIDENTAL HARVEST RESEARCH. 

(a) COLLECTION OF INFORMATION.—Within nine months after the 

date of enactment of the Sustainable Fisheries Act, the Secretary 

shall, after consultation with the Gulf Council and South Atlantic 

Council, conclude the collection of information in the program to 

assess the impact on fishery resources of incidental harvest by the 

shrimp trawl fishery within the authority of such Councils. Within 

the same time period, the Secretary shall make available to the 

public aggregated summaries of information collected prior to June 

30, 1994 under such program. 

(b) IDENTIFICATION OF STOCK.—The program concluded pursuant 

to subsection (a) shall provide for the identification of stocks of fish 

which are subject to significant incidental harvest in the course of 

normal shrimp trawl fishing activity. 

(c) COLLECTION AND ASSESSMENT OF SPECIFIC STOCK INFORMATION.—For stocks of fish identified pursuant to subsection (b), with 

priority given to stocks which (based upon the best available scientific information) are considered to be øoverfished¿ depleted, the 

Secretary shall conduct— 

(1) a program to collect and evaluate information on the nature and extent (including the spatial and temporal distribution) of incidental mortality of such stocks as a direct result of 

shrimp trawl fishing activities; 

125 

(2) an assessment of the status and condition of such stocks, 

including collection of information which would allow the estimation of life history parameters with sufficient accuracy and 

precision to support sound scientific evaluation of the effects of 

various management alternatives on the status of such stocks; 

and 

(3) a program of information collection and evaluation for 

such stocks on the magnitude and distribution of fishing mortality and fishing effort by sources of fishing mortality other 

than shrimp trawl fishing activity. 

(d) BYCATCH REDUCTION PROGRAM.—Not later than 12 months 

after the enactment of the Sustainable Fisheries Act, the Secretary 

shall, in cooperation with affected interests, and based upon the 

best scientific information available, complete a program to— 

(1) develop technological devices and other changes in fishing 

operations necessary and appropriate to minimize the incidental mortality of bycatch in the course of shrimp trawl activity to the extent practicable, taking into account the level of 

bycatch mortality in the fishery on November 28, 1990; 

(2) evaluate the ecological impacts and the benefits and costs 

of such devices and changes in fishing operations; and 

(3) assess whether it is practicable to utilize bycatch which 

is not avoidable. 

(e) REPORT TO CONGRESS.—The Secretary shall, within one year 

of completing the programs required by this section, submit a detailed report on the results of such programs to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Resources of the House of Representatives. 

(f) IMPLEMENTATION CRITERIA.—To the extent practicable, any 

conservation and management measure implemented under this 

Act to reduce the incidental mortality of bycatch in the course of 

shrimp trawl fishing shall be consistent with— 

(1) measures applicable to fishing throughout the range in 

United States waters of the bycatch species concerned; and 

(2) the need to avoid any serious adverse environmental impacts on such bycatch species or the ecology of the affected 

area. 

* * * * * * * 

SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH. 

ø(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— 

ø(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; 

ø(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; 

ø(C) the appropriateness and adequacy of the management 

measures in the fishery management plan for red snapper in 

126 

the Gulf of Mexico for conserving and managing the red snapper fishery under this Act; and 

ø(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. 

ø(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— 

ø(A) participate in the peer review under this subsection; 

and 

ø(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. 

ø(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. 

ø(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. 

ø(c) REFERENDUM.— 

ø(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). 

ø(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— 

127 

ø(A) identify and notify all such persons holding permits 

with red snapper endorsements and all such vessel captains; and 

ø(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. 

ø(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— 

ø(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 

ø(2) ensure that such quotas reflect allocations among such 

sectors and do not reflect any harvests in excess of such allocations.¿ 

(a) CERTIFICATION OF STATE SURVEYS.— (1) INCLUSION OF CERTIFIED STATE SURVEYS.—In establishing 

the acceptable biological catch and total allowable catch for red 

snapper in the Gulf of Mexico, the Secretary shall include— 

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

(B) data related to red snapper in the Gulf of Mexico collected by the Gulf States Marine Fisheries Commission, 

nongovernmental organizations, and other nongovernmental sources, including universities and research institutions. 

(b) STATE SURVEYS.— 

(1) SUBMISSION.—A Gulf State that conducts a recreational 

fisheries survey in the Gulf of Mexico to make catch estimates 

for red snapper landed in such State may submit such survey 

to the Secretary for certification. 

(2) CERTIFICATION.— (A) IN GENERAL.—The Secretary shall make a certification or a denial of certification for any survey submitted 

under paragraph (1) not later than the end of the 6-month 

period beginning on the date the survey is submitted. 

(B) DEEMED CERTIFIED.—A recreational fisheries survey 

is deemed to be certified effective upon the expiration of 

such period if the Secretary has not made a certification or 

denial of certification. 

(3) MODIFICATION OF SURVEYS DENIED CERTIFICATION.— 

(A) IN GENERAL.—If a survey of a Gulf State is denied 

certification under paragraph (2), the Secretary shall, not 

later than 60 days after the date of the denial, provide the 

Gulf State a proposal for modifications to the survey. 

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

a survey under subparagraph (A)— 

(i) shall be specific to the survey submitted by such 

Gulf State and may not be construed to apply to any 

other Gulf State; 

128 

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

(iii) may not unduly burden the ability of such Gulf 

State to revise the survey. 

(C) MODIFIED SURVEY.— (i) AUTHORITY TO SUBMIT.—If a survey of a Gulf 

State was denied certification under paragraph (2), the 

Gulf State may modify the survey and submit the 

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

(ii) SCHEDULE.—The Secretary shall make a certification or denial of certification for any modified survey 

not later than the end of the 30-day period beginning 

on the date the modified survey is submitted. 

(iii) DEEMED CERTIFIED A modified survey is deemed 

to be certified effective upon the expiration of the period 

described in clause (ii) if the Secretary has not made 

a certification or denial of certification. 

(c) DEFINITIONS.—In this section: 

(1) GULF STATE.—The term ‘‘Gulf State’’ means each of the 

States of Texas, Louisiana, Mississippi, Alabama, or Florida. 

(2) RED SNAPPER.—The term ‘‘red snapper’’ means the species 

Lutjanus campechanus. 

* * * * * * * 

AMERICAN FISHERIES ACT 

DIVISION C—OTHER MATTERS 

* * * * * * * 

TITLE II—FISHERIES 

* * * * * * * 

Subtitle II—Bering Sea Pollock Fishery 

* * * * * * * 

SEC. 210. FISHERY COOPERATIVE LIMITATIONS. 

(a) PUBLIC NOTICE.—(1) Any contract implementing a fishery cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 

521) in the directed pollock fishery and any material modifications 

to any such contract shall be filed not less than 30 days prior to 

the start of fishing under the contract with the North Pacific Council and with the Secretary, together with a copy of a letter from a 

party to the contract requesting a business review letter on the 

fishery cooperative from the Department of Justice and any response to such request. Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision of law, 

but taking into account the interest of parties to any such contract 

in protecting the confidentiality of proprietary information, the 

North Pacific Council and Secretary shall— 

129 

(A) make available to the public such information about the 

contract, contract modifications, or fishery cooperative the 

North Pacific Council and Secretary deem appropriate, which 

at a minimum shall include a list of the parties to the contract, 

a list of the vessels involved, and the amount of pollock and 

other fish to be harvested by each party to such contract; and 

(B) make available to the public in such manner as the 

North Pacific Council and Secretary deem appropriate information about the harvest by vessels under a fishery cooperative 

of all species (including bycatch) in the directed pollock fishery 

on a vessel-by-vessel basis. 

(b) CATCHER VESSELS ONSHORE.— 

(1) CATCHER VESSEL COOPERATIVES.—Effective January 1, 

2000, upon the filing of a contract implementing a fishery cooperative under subsection (a) which— 

(A) is signed by the owners of 80 percent or more of the 

qualified catcher vessels that delivered pollock for processing by a shoreside processor in the directed pollock fishery in the year prior to the year in which the fishery cooperative will be in effect; and 

(B) specifies, except as provided in paragraph (6), that 

such catcher vessels will deliver pollock in the directed pollock fishery only to such shoreside processor during the 

year in which the fishery cooperative will be in effect and 

that such shoreside processor has agreed to process such 

pollock, 

the Secretary shall allow only such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to 

paragraph (2)) to harvest the aggregate percentage of the directed fishing allowance under section 206(b)(1) in the year in 

which the fishery cooperative will be in effect that is equivalent to the aggregate total amount of pollock harvested by such 

catcher vessels (and by such catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) in the directed 

pollock fishery for processing by the inshore component during 

1995, 1996, and 1997 relative to the aggregate total amount of 

pollock harvested in the directed pollock fishery for processing 

by the inshore component during such years and shall prevent 

such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) from harvesting 

in aggregate in excess of such percentage of such directed fishing allowance. 

(2) VOLUNTARY PARTICIPATION.—Any contract implementing 

a fishery cooperative under paragraph (1) must allow the owners of other qualified catcher vessels to enter into such contract 

after it is filed and before the calender year in which fishing 

will begin under the same terms and conditions as the owners 

of the qualified catcher vessels who entered into such contract 

upon filing. 

(3) QUALIFIED CATCHER VESSEL.—For the purposes of this 

subsection, a catcher vessel shall be considered a ‘‘qualified 

catcher vessel’’ if, during the year prior to the year in which 

the fishery cooperative will be in effect, it delivered more pollock to the shoreside processor to which it will deliver pollock 

130 

under the fishery cooperative in paragraph (1) than to any 

other shoreside processor. 

(4) CONSIDERATION OF CERTAIN VESSELS.—Any contract implementing a fishery cooperative under paragraph (1) which 

has been entered into by the owner of a qualified catcher vessel eligible under section 208(a) that harvested pollock for processing by catcher/processors or motherships in the directed pollock fishery during 1995, 1996, and 1997 shall, to the extent 

practicable, provide fair and equitable terms and conditions for 

the owner of such qualified catcher vessel. 

(5) OPEN ACCESS.—A catcher vessel eligible under section 

208(a) the catch history of which has not been attributed to a 

fishery cooperative under paragraph (1) may be used to deliver 

pollock harvested by such vessel from the directed fishing allowance under section 206(b)(1) (other than pollock reserved 

under paragraph (1) for a fishery cooperative) to any of the 

shoreside processors eligible under section 208(f). A catcher 

vessel eligible under section 208(a) the catch history of which 

has been attributed to a fishery cooperative under paragraph 

(1) during any calendar year may not harvest any pollock apportioned under section 206(b)(1) in such calendar year other 

than the pollock reserved under paragraph (1) for such fishery 

cooperative. 

(6) TRANSFER OF COOPERATIVE HARVEST.—A contract implementing a fishery cooperative under paragraph (1) may, notwithstanding the other provisions of this subsection, provide 

for up to 10 percent of the pollock harvested under such cooperative to be processed by a shoreside processor eligible under 

section 208(f) other than the shoreside processor to which pollock will be delivered under paragraph (1). 

(7) FISHERY COOPERATIVE EXIT PROVISIONS.— (A) FISHING ALLOWANCE DETERMINATION.—For purposes 

of determining the aggregate percentage of directed fishing 

allowances under paragraph (1), when a catcher vessel is 

removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed— 

(i) shall be based on the catch history determination 

for the vessel made pursuant to section 679.62 of title 

50, Code of Federal Regulations, as in effect on the 

date of enactment of the Coast Guard Authorization 

Act of 2010; and 

(ii) shall be assigned, for all purposes under this 

title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or 

among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the 

fishery cooperative for at least one year after the date 

on which the vessel being removed leaves the directed 

pollock fishery. 

(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except as 

provided in subparagraph (C), a vessel that is removed 

pursuant to this paragraph shall be permanently ineligible 

for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could 

qualify any owner of such vessel for any permit to particiVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00130 Fmt 6659 Sfmt 6601 E:\HR\OC\HR758.XXX HR758
131 

pate in any fishery within the exclusive economic zone of 

the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to 

be removed pursuant to this paragraph. 

(C) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing 

in this paragraph shall be construed— 

(i) to make the vessels AJ (United States official 

number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United 

States official number 678234), and PROVIDIAN 

(United States official number 1062183) ineligible for 

a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New 

England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 

302(a)(1) of the Magnuson-Stevens Act; or 

(ii) to allow the vessels referred to in clause (i) to 

participate in any fishery under the authority of the 

Councils referred to in clause (i) in any manner that 

is not consistent with the fishery management plan for 

the fishery developed by the Councils under section 

303 of the Magnuson-Stevens Act. 

(c) CATCHER VESSELS TO CATCHER/PROCESSORS.—Effective January 1, 1999, not less than 8.5 percent of the directed fishing allowance under section 206(b)(2) shall be available for harvest only by 

the catcher vessels eligible under section 208(b). The owners of 

such catcher vessels may participate in a fishery cooperative with 

the owners of the catcher/processors eligible under paragraphs (1) 

through (20) of the section 208(e). The owners of such catcher vessels may participate in a fishery cooperative that will be in effect 

during 1999 only if the contract implementing such cooperative establishes penalties to prevent such vessels from exceeding in 1999 

the traditional levels harvested by such vessels in all other fisheries in the exclusive economic zone of the United States. 

(d) CATCHER VESSELS TO MOTHERSHIPS.— (1) PROCESSING.—Effective January 1, 2000, the authority in 

section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 

15 U.S.C. 521 et seq.) shall extend to processing by 

motherships eligible under section 208(d) solely for the purposes of forming or participating in a fishery cooperative in the 

directed pollock fishery upon the filing of a contract to implement a fishery cooperative under subsection (a) which has been 

entered into by the owners of 80 percent or more of the catcher 

vessels eligible under section 208(c) for the duration of such 

contract, provided that such owners agree to the terms of the 

fishery cooperative involving processing by the motherships. 

(2) VOLUNTARY PARTICIPATION.—Any contract implementing 

a fishery cooperative described in paragraph (1) must allow the 

owners of any other catcher vessels eligible under section 

208(c) to enter such contract after it is filed and before the calendar year in which fishing will begin under the same terms 

and conditions as the owners of the catcher vessels who entered into such contract upon filing. 

(e) EXCESSIVE SHARES.— 

132 

ø(1) HARVESTING.—No particular individual, corporation, or 

other entity may harvest, through a fishery cooperative or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery.¿ 

(1) HARVESTING.— (A) LIMITATION.—No particular individual, corporation, 

or other entity may harvest, through a fishery cooperative 

or otherwise, a percentage of the pollock available to be 

harvested in the directed pollock fishery that exceeds the 

percentage established for purposes of this paragraph by 

the North Pacific Fishery Management Council. 

(B) MAXIMUM PERCENTAGE.—The percentage established 

by the North Pacific Fishery Management Council shall not 

exceed 24 percent of the pollock available to be harvested in 

the directed pollock fishery. 

(2) PROCESSING.—Under the authority of section 301(a)(4) of 

the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North 

Pacific Council is directed to recommend for approval by the 

Secretary conservation and management measures to prevent 

any particular individual or entity from processing an excessive share of the pollock available to be harvested in the directed pollock fishery. In the event the North Pacific Council 

recommends and the Secretary approves an excessive processing share that is lower than 17.5 percent, any individual or 

entity that previously processed a percentage greater than 

such share shall be allowed to continue to process such percentage, except that their percentage may not exceed 17.5 percent (excluding pollock processed by catcher/processors that 

was harvested in the directed pollock fishery by catcher vessels 

eligible under 208(b)) and shall be reduced if their percentage 

decreases, until their percentage is below such share. In recommending the excessive processing share, the North Pacific 

Council shall consider the need of catcher vessels in the directed pollock fishery to have competitive buyers for the pollock harvested by such vessels. 

(3) REVIEW BY MARITIME ADMINISTRATION.—At the request of 

the North Pacific Council or the Secretary, any individual or 

entity believed by such Council or the Secretary to have exceeded the percentage in either paragraph (1) or (2) shall submit such information to the Administrator of the Maritime Administration as the Administrator deems appropriate to allow 

the Administrator to determine whether such individual or entity has exceeded either such percentage. The Administrator 

shall make a finding as soon as practicable upon such request 

and shall submit such finding to the North Pacific Council and 

the Secretary. For the purposes of this subsection, any entity 

in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be 

the same entity as the other individual or entity. 

(f) LANDING TAX JURISDICTION.—Any contract filed under subsection (a) shall include a contract clause under which the parties 

to the contract agree to make payments to the State of Alaska for 

any pollock harvested in the directed pollock fishery which is not 

landed in the State of Alaska, in amounts which would otherwise 

accrue had the pollock been landed in the State of Alaska subject 

133 

to any landing taxes established under Alaska law. Failure to include such a contract clause or for such amounts to be paid shall 

result in a revocation of the authority to form fishery cooperatives 

under section 1 of the Act of June 25, 1934 (15 U.S.C. 521 et seq.). 

(g) PENALTIES.—The violation of any of the requirements of this 

subtitle or any regulation or permit issued pursuant to this subtitle 

shall be considered the commission of an act prohibited by section 

307 of the Magnuson-Stevens Act (16 U.S.C. 1857), and sections 

308, 309, 310, and 311 of such Act (16 U.S.C. 1858, 1859, 1860, and 

1861) shall apply to any such violation in the same manner as to 

the commission of an act prohibited by section 307 of such Act (16 

U.S.C. 1857). In addition to the civil penalties and permit sanctions 

applicable to prohibited acts under section 308 of such Act (16 

U.S.C. 1858), any person who 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 violated a requirement 

of this section shall be subject to the forfeiture to the Secretary of 

Commerce of any fish harvested or processed during the commission of such act. 

* * * * * * * 

(134) 

DISSENTING VIEWS 

H.R. 200 would reauthorize and amend the Magnuson-Stevens 

Fishery Conservation and Management Act (MSA), the law that 

governs fishing in the U.S. Exclusive Economic Zone (EEZ). We oppose this legislation because it would roll back important elements 

of the law which are critical to making fisheries and the fishing industry in the United States economically and environmentally sustainable. 

Congress first enacted the Fishery Conservation and Management Act in 1976 with two main goals in mind: put an end to unregulated fishing by foreign fleets in U.S. waters, and develop domestic fleets that could reap the economic benefit of our considerable fishery resources. The law worked very well; foreign fishing 

was phased out, and investments in the domestic fleet were increased. Unfortunately, this capitalization worked so well that domestic fishing soon replaced foreign fleets in overexploiting U.S. 

fisheries. 

In 1996 and 2007, two MSA reauthorizations were enacted to end 

overfishing, promote rebuilding of overfished stocks, protect fish 

habitat, improve fisheries science, and minimize bycatch. But it 

was only in 2007 that Congress first required all eight Regional 

Fishery Management Councils to set science-based annual catch 

limits (ACLs) to prevent overfishing, and to put in place accountability measures ensuring that exceeding an ACL meant a reduction in harvest the following year. In addition, in cases where a 

fishery may still become overfished, Councils are now required to 

end overfishing immediately. These changes, coupled with the 1996 

reforms, have succeeded in ending overfishing in nearly all fisheries, and putting overfished stocks on a path to rebuilding. Most 

important, they have helped insulate the Councils from pressure to 

make politically-driven management decisions that hurt fishing 

communities in the long run. 

It is important to note that the 1996 and 2007 reauthorizations 

were bipartisan bills worked on, and voted for, by Republicans and 

Democrats alike, because everybody recognized the need to address 

the number of declining and collapsed fish stocks. While the current MSA may not be perfect, members in both parties recognize 

the incredible sustainability and economic gains made since 2007. 

What is needed now are updates to the MSA that address specific 

issues and keep the law current, not a weakening of the law and 

roll-back of conservation measures as is found in H.R. 200. Contrary to the two previous reauthorizations, H.R. 200 was developed 

with very little input. 

It did not have to be this way. Water, Power, and Oceans Subcommittee Ranking Member Jared Huffman (D–CA) developed a 

discussion draft of an MSA reauthorization bill that included a 

number of Democratic and Republican priorities. That draft was inVerDate Sep 11 2014 06:10 Jun 20, 2018 Jkt 079006 PO 00000 Frm 00134 Fmt 6604 Sfmt 6604 E:\HR\OC\HR758.XXX HR758
135 

cluded on the same hearing docket as H.R. 200, and Chairman Don 

Young (R–AK) agreed to work with Democratic Members and staff 

to develop a bipartisan bill. Unfortunately, Chairman Bishop 

pulled the plug on promising negotiations and rushed to markup 

with a half-baked mashup of bad ideas that we feel deserves to be 

called the Empty Oceans Act. 

The fishery-related provisions of H.R. 200 are an overreaction to 

the complaints of a very few in the industry who need the requirements of the law the most. Under the guise of providing ‘‘flexibility’’ for fishery managers, H.R. 200 would undermine the rebuilding requirements in current law. These rollbacks in particular 

are job-killers. NOAA estimates that fully rebuilt fisheries would 

add an estimated $31 billion to the economy and create 500,000 

new jobs. Rebuilding overfished stocks is the key to improving fishing economies, and we must not delay that process; once fish stocks 

are gone, they cannot be rebuilt. Of further concern, the bill would 

eliminate the requirement to set ACLs for dozens of vulnerable 

stocks, and allow recreational anglers to overfish stocks with impunity by incorporating poorly thought out provisions of the Modernizing Recreational Fisheries Act (S. 1520). 

Because weakening fisheries policy is apparently not enough, 

H.R. 200 also attacks bedrock environmental laws such as the Endangered Species Act, the Antiquities Act, and the National Marine 

Sanctuaries Act by making them subservient to the Councils under 

the MSA. The inclusion of these provisions shows clearly that Republicans are only concerned with advancing an extreme agenda to 

undermine our core conservation statutes and not with improving 

the management of our fisheries. 

Republicans also rejected a number of Democratic amendments 

at Committee markup. These included Representative Beyer’s (D– 

VA) amendment to remove the damaging ESA, Antiquities Act, and 

National Marine Sanctuaries Act language, Representative 

Lowenthal’s (D–CA) amendment to ensure catch limits are based 

on sound science, Representative McEachin’s amendment to integrate climate change considerations in fishery management decisions, and Representative Bordallo’s amendment to prevent politically-driven delays in rebuilding overfished stocks. At the same 

time, two Republican amendments offered by Representative 

Graves (R–LA) were adopted. One would eliminate the requirement 

to protect essential fish habitat in Louisiana state waters and possibly elsewhere. The other changes language related to recreational 

catch-and-release fishing and may have unintended consequences 

for stocks that receive heavy recreational fishing pressure. 

While we have many healthy fisheries in the United States, we 

also have many that remain in dangerously depleted states or are 

only beginning their recovery. We have heard consistently from 

commercial and recreational fishermen, fishery managers, and the 

conservation community that the Magnuson-Stevens Act is working, and that the massive overhaul envisioned by this bill is not 

warranted. Without keeping strong conservation measures in place 

and continuing to improve management through better science, we 

will never realize the full potential of our fishery resources for sustainable economic development. For these reasons, we oppose H.R. 

200 as reported. 

136 

RAU ́ L M. GRIJALVA, Ranking Member, Committee 

on Natural Resources. 

NIKI TSONGAS. DONALD S. BEYER, JR. A. DONALD MCEACHIN. GRACE F. NAPOLITANO. JARED HUFFMAN. DARREN SOTO. NYDIA M. VELA ́ ZQUEZ. 

Æ