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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2184 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2184

 To provide exclusive funding to support fisheries and the communities 
   that rely upon them, to clear unnecessary regulatory burdens and 
    streamline Federal fisheries management, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2012

Mr. Kerry (for himself, Ms. Snowe, Mr. Rockefeller, Mr. Whitehouse, and 
 Mr. Brown of Massachusetts) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
 To provide exclusive funding to support fisheries and the communities 
   that rely upon them, to clear unnecessary regulatory burdens and 
    streamline Federal fisheries management, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fisheries Investment and Regulatory 
Relief Act of 2012''.

SEC. 2. DEFINITIONS.

    Section 2(a) of the Act of August 11, 1939 (commonly known as the 
``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3(a)), is amended--
            (1) by redesignating paragraph (1) as paragraph (2);
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) The term `fishery investment committee' means a 
        committee of a regional fishery management council established 
        under subsection (c)(1).'';
            (3) by redesignating paragraphs (2), (3), (4), and (5) as 
        paragraphs (4), (5), (6), and (7), respectively;
            (4) by inserting before paragraph (4), as redesignated, the 
        following:
            ``(3) The term `regional fishery investment plan' means a 
        plan developed by a fishery investment committee under 
        subsection (c)(2).''; and
            (5) by adding at the end the following:
            ``(8) The applicable definition under section 3 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802), shall apply to any term used in this Act that is 
        not defined under this subsection.''.

SEC. 3. REGIONAL FISHERIES INVESTMENT GRANT PROGRAM.

    (a) Regional Fisheries Investment Grant Program and Fishery 
Investment Plans.--Section 2 of the Act of August 11, 1939 (commonly 
known as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3), is 
amended by amending subsection (c) to read as follows:
    ``(c) Strengthening Regional Fisheries Management.--
            ``(1) Fishery investment committees.--
                    ``(A) Establishment.--Each Council shall establish 
                and maintain, under the authority of section 302(g) of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1852(g)), a fishery 
                investment committee. Each fishery investment committee 
                shall be comprised of not more than 13 individuals.
                    ``(B) Authority.--Each fishery investment committee 
                shall--
                            ``(i) develop a regional fishery investment 
                        plan under subsection (c)(2);
                            ``(ii) review grant applications and 
                        projects to implement its regional fishery 
                        investment plan; and
                            ``(iii) make recommendations, based on its 
                        findings, to the Council on grant applications 
                        and projects to implement its regional fishery 
                        investment plan.
                    ``(C) Membership.--
                            ``(i) Qualifications.--Each member of a 
                        fishery investment committee shall be an 
                        individual who, by reason of the individual's 
                        occupational experience or other experience, 
                        scientific expertise, or training, is 
                        knowledgeable of the conservation and 
                        management of, or the commercial or 
                        recreational catch of, the fishery resources of 
                        the geographical area concerned.
                            ``(ii) Nominations.--Each member of a 
                        fishery investment committee--
                                    ``(I) shall be nominated and 
                                elected by the applicable Council 
                                during a public meeting of the Council;
                                    ``(II) shall serve for a 3 year 
                                term; and
                                    ``(III) may be re-elected for an 
                                additional 3 year consecutive term.
                            ``(iii) Conflicts of interest.--A member of 
                        a fishery investment committee shall recuse 
                        himself or herself from considering any grant 
                        application that the member has a financial 
                        interest that would require disclosure under 
                        section 302(j)(2) of the Magnuson-Stevens 
                        Fishery Conservation and Management Act (16 
                        U.S.C. 1852(j)(2)).
                    ``(D) Composition.--Each fishery investment 
                committee shall be multi-disciplinary, reflect the 
                geographic balance of the Council, and include at least 
                1 representative of--
                            ``(i) the commercial fishing community;
                            ``(ii) the private recreational angling 
                        community;
                            ``(iii) the for-profit charter fishing 
                        community;
                            ``(iv) the public interest in marine 
                        conservation who--
                                    ``(I) does not derive an annual 
                                income from commercial or recreational 
                                fishing; and
                                    ``(II) is not employed by any 
                                person who derives an annual income 
                                from commercial or recreational 
                                fishing;
                            ``(v) each State government in the region;
                            ``(vi) relevant interstate commissions;
                            ``(vii) federally recognized tribes, where 
                        applicable; and
                            ``(viii) research institutions.
            ``(2) Regional fishery investment plans.--Each fishery 
        investment committee shall develop a regional fishery 
        investment plan that identifies critical research, 
        conservation, and management needs and corresponding actions to 
        facilitate rebuilding and maintaining healthy fish populations 
        and sustainable fisheries over a 5 year period. Each plan 
        shall--
                    ``(A) be consistent with the current 5 year 
                research priority plans developed under section 
                302(h)(7) of the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1852(h)(7));
                    ``(B) include areas of investment that are critical 
                for rebuilding and maintaining healthy United States 
                fish populations and promoting sustainable fisheries, 
                including--
                            ``(i) stock surveys, stock assessments and 
                        analysis, and cooperative fishery research, in 
                        conjunction with NOAA, involving fishery 
                        participants, academic institutions, and other 
                        interested parties;
                            ``(ii) efforts to improve the collection 
                        and accuracy of fishery catch data, including--
                                    ``(I) expanding the use of, and 
                                research and development on, catch 
                                monitoring and reporting programs and 
                                technology, both at-sea and shoreside, 
                                including the use of electronic 
                                monitoring devices and satellite 
                                tracking systems; and
                                    ``(II) improving data collection 
                                for recreational fisheries, including 
                                improvements to the Marine Recreational 
                                Fishery Statistics Survey in accordance 
                                with section 401(g)(3) of the Magnuson-
                                Stevens Fishery Conservation and 
                                Management Act (16 U.S.C. 1881(g)(3));
                            ``(iii) analyzing the social and economic 
                        impacts of fishery management decisions;
                            ``(iv) providing financial assistance to, 
                        and investment in, fishermen and fishing 
                        communities through--
                                    ``(I) fishing capacity reduction, 
                                including vessel, permit, and gear 
                                buybacks; and
                                    ``(II) investment in permit banks 
                                or trusts and other entities, including 
                                community fishing associations and 
                                projects designed to help sustain 
                                fishery dependent communities and 
                                small-scale fisheries;
                            ``(v) development of methods or 
                        technologies to improve the quality and value 
                        of fish landed;
                            ``(vi) research and development of 
                        conservation engineering technologies and 
                        methods in both commercial and recreational 
                        fisheries; and
                            ``(vii) habitat restoration and protection;
                    ``(C) be revised by the regional fishery investment 
                committee and approved by the Council at least once 
                every 5 years;
                    ``(D) be submitted to the Secretary for review to 
                ensure the plan is consistent with the requirements of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), and this 
                section;
                    ``(E) be published in the Federal Register and made 
                available for public comment; and
                    ``(F) become effective not later than 60 days after 
                the date of receipt unless the Secretary makes a 
                negative consistency finding.
            ``(3) Negative consistency finding.--If the Secretary makes 
        a negative consistency finding under paragraph (2)(F), each 
        portion of the plan that is the subject of the negative 
        consistency finding shall not be effective until it is made 
        consistent by the regional fishery investment committee and the 
        Council.
            ``(4) Regional fishery investment grant program.--Not later 
        than 30 days after the date of enactment of the Fisheries 
        Investment and Regulatory Relief Act of 2012, the Secretary 
        shall establish an annual competitive grant program to provide 
        funds for projects, activities, and research that advance the 
        regional priorities that are included in the regional fishery 
        investment plans.
                    ``(A) Eligible recipients.--State, Federal, 
                regional, or private entities or persons shall be 
                eligible for funding with preference given to public-
                private partnerships.
                    ``(B) Awards.--The Secretary may only award a grant 
                for a project, activity, or research that--
                            ``(i) implements regional fishery 
                        investment plans; and
                            ``(ii) has been recommended for funding by 
                        the respective regional fishery investment 
                        committee and approved by the Council.''.
    (b) National Fisheries Investment Program.--Section 2(d) of the Act 
of August 11, 1939 (commonly known as the ``Saltonstall-Kennedy Act'') 
(15 U.S.C. 713c-3(d)), is amended--
            (1) in paragraph (1), by striking ``research and 
        development addressed to such aspects of United States 
        fisheries (including, but not limited to, harvesting, 
        processing, marketing, and associated infrastructures) if not 
        adequately covered by projects assisted under subsection (c), 
        as the Secretary deems appropriate'' and inserting ``fisheries 
        research and investment that supports rebuilding and 
        maintaining healthy United States fish populations and promotes 
        sustainable fisheries. The program shall address fisheries 
        needs and problems described under subsection (e)(1)(B).''; and
            (2) in paragraph (2)--
                    (A) by striking ``, after consultation with 
                appropriate representatives of the fishing industry,'';
                    (B) by striking ``Merchant Marine and Fisheries'' 
                and inserting ``Natural Resources'';
                    (C) in subparagraph (A), by striking ``development 
                goals and funding priorities under paragraph (1)'' and 
                inserting ``investment priorities'';
                    (D) in subparagraph (B), by striking ``all pending 
                projects assisted under subsection (c)'' and all that 
                follows and inserting ``the projects funded by the 
                Secretary under this subsection; and''; and
                    (E) in subparagraph (C), by striking ``each project 
                assisted'' and all that follows and inserting ``how 
                well the project met the fisheries needs described in 
                subsection (e)(1).''.
    (c) Division of Resources.--Section 2(e) of the Act of August 11, 
1939 (commonly known as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 
713c-3(e)), is amended--
            (1) by striking ``moneys'' each place it appears and 
        inserting ``monies'';
            (2) by striking ``purpose of promoting'' and inserting 
        ``purposes of investing in'';
            (3) by inserting ``or diverted'' following ``shall be 
        transferred''; and
            (4) by striking subparagraph (A) and all the follows, and 
        inserting the following:
                    ``(A) The Secretary shall allocate 70 percent of 
                these funds available at the beginning of each fiscal 
                year to the 8 Council regions and the Secretary in 
                accordance with the following formula pursuant to 
                subsection (c):
                            ``(i) One half allocated equally among the 
                        Council regions.
                            ``(ii) One half allocated proportionally 
                        among the Council regions based on the combined 
                        economic impact of commercial landings and 
                        recreational fishing in each region.
                    ``(B) 20 percent of these funds shall be available 
                to the Secretary under subsection (d) for projects 
                addressing fisheries needs and problems, as identified 
                by the Secretary, as follows:
                            ``(i) Up to one fifth shall be allocated 
                        to, and apportioned as the Secretary deems 
                        appropriate among, the Atlantic States Marine 
                        Fisheries Commission, the Gulf States Marine 
                        Fisheries Commission, and the Pacific States 
                        Marine Fisheries Commission.
                            ``(ii) Up to one fifth shall be allocated 
                        to seafood promotion and sustainable 
                        certification efforts.
                            ``(iii) Up to one fifth shall be allocated 
                        to improve fisheries management through 
                        research, monitoring or evaluation, and 
                        modification of regulations and procedures.
                            ``(iv) Up to one fifth shall be allocated 
                        to fisheries disasters, and shoreside 
                        infrastructure and access needs.
                            ``(v) Up to one fifth shall be allocated to 
                        other special needs, including management of 
                        highly migratory species and international 
                        fisheries.
                    ``(C) Any amounts remaining after the annual fiscal 
                year allocations made pursuant to subparagraph (B) 
                shall remain available to the Secretary without fiscal 
                year limitation for future such allocations.
            ``(2) Limitation.--Not more than 10 percent of these funds 
        may be used to offset receipts for the National Oceanic and 
        Atmospheric Administration's Operations, Research, and 
        Facilities account.
            ``(3) Annual notification.--The Secretary shall notify 
        annually each Council of funds available for grants in its 
        region.
            ``(4) Administrative costs.--Prior to the allocation of 
        funds under paragraph (1), the Secretary--
                    ``(A) may reserve up to 3 percent of the funds 
                available in a fiscal year for the administration of 
                the grant program; and
                    ``(B) shall distribute 3 percent of the funds 
                available in a fiscal year equally among each of the 8 
                Councils for the development and implementation of 
                fishery investment plans and grant review.
            ``(5) Maintenance of effort.--Except as provided in 
        paragraph (2), the Secretary may not reduce or eliminate 
        funding for any research, survey, monitoring, or assessment 
        activities necessary to meet the conservation and management 
        requirements of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.) as a result of funding 
        provided under this section.''.

SEC. 4. FOCUSING ASSETS FOR IMPROVED FISHERIES OUTCOMES.

    Section 2(b) of the Act of August 11, 1939 (commonly known as the 
``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3(b)), is amended--
            (1) by striking ``(1)'';
            (2) by striking ``and ending on June 30, 1957,'';
            (3) by striking ``moneys'' the first place it appears and 
        inserting ``monies''; and
            (4) by striking ``shall be maintained in a separate fund 
        only for'' and all that follows and inserting ``and shall only 
        be used for the purposes described under subsection (c).''.

SEC. 5. REGULATION AND PROCEDURE STREAMLINING.

    (a) In General.--For the 2 fiscal years following the date of 
enactment of this Act, the Secretary of Commerce shall use funds 
available under section 2(e)(2) of the Act of August 11, 1939 (commonly 
known as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3), to 
conduct a review of the regulations and procedures used to implement 
title III of the Magnuson-Stevens Fishery Conservation and Management 
Act (90 Stat. 346).
    (b) Review Requirements.--The review under subsection (a) shall--
            (1) identify redundant and inefficient regulations and 
        procedures;
            (2) make recommendations for streamlining such regulations 
        and procedures, including recommendations to eliminate 
        unnecessary paperwork, reduce bureaucratic restrictions, and 
        speed the inclusion of new information into management 
        decisions; and
            (3) ensure that any recommended modifications to 
        regulations or procedures are consistent with the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.), and any other applicable law.

SEC. 6. PROMULGATION OF REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall promulgate regulations to implement the requirements of 
this Act.
                                 <all>
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