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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1748 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1748

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
  to promote sustainable conservation and management for the Gulf of 
 Mexico and South Atlantic fisheries and the communities that rely on 
                     them, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2017

 Mr. Rubio (for himself and Mr. Nelson) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
  to promote sustainable conservation and management for the Gulf of 
 Mexico and South Atlantic fisheries and the communities that rely on 
                     them, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Florida Fisheries 
Improvement Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to the Magnuson-Stevens Fishery Conservation and 
                            Management Act.
                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Regional fishery management councils.
Sec. 102. Contents of fishery management plans.
Sec. 103. Funding for stock assessments, surveys, and data collection.
Sec. 104. Capital construction.
Sec. 105. Fisheries disaster relief.
Sec. 106. Regional fishery conservation and management authorities.
Sec. 107. Study of allocations in mixed-use fisheries in the Gulf of 
                            Mexico and South Atlantic.
Sec. 108. Requirements relating to experimental fishing permits for 
                            fishing in Gulf of Mexico or South 
                            Atlantic.
        TITLE II--FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Sec. 201. Fisheries research.
Sec. 202. Improving science.

SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

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

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Voting Members.--Section 302(b)(2)(D) (16 U.S.C. 1852(b)(2)(D)) 
is amended--
            (1) in clause (i), in the matter before subclause (I)--
                    (A) by striking ``Fisheries'' and inserting 
                ``Fishery''; and
                    (B) by inserting ``or the South Atlantic Fishery 
                Management Council'' after ``Management Council''; and
            (2) by striking clause (iv).
    (b) Committees and Advisory Panels.--Section 302(g)(1)(B) (16 
U.S.C. 1852(g)(1)(B)) is amended to read as follows:
                    ``(B) Each scientific and statistical committee 
                shall--
                            ``(i) provide its Council ongoing 
                        scientific advice for fishery management 
                        decisions, including recommendations for 
                        acceptable biological catch, preventing 
                        overfishing, maximum sustainable yield, 
                        achieving rebuilding targets, and reports on 
                        stock status and health, bycatch, habitat 
                        status, social and economic impacts of 
                        management measures, and sustainability of 
                        fishing practices; and
                            ``(ii) carry out the requirements of this 
                        subparagraph in a transparent manner, allowing 
                        for public involvement in the process.''.
    (c) Functions.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) in paragraph (7)(C), by striking ``and'' at the end;
            (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, and harvest control rules, 
        to the extent they are in accordance with the requirements of 
        this Act; and''.
    (d) Webcasts of Council Meetings.--Section 302(i)(2) (16 U.S.C. 
1852(i)(2)) is amended by adding at the end the following:
                    ``(G) Unless closed in accordance with paragraph 
                (3), each Council shall, where practicable, make 
                available on the Internet website of the Council a 
                video or audio webcast of each meeting of the Council 
                and each meeting of the scientific and statistical 
                committee of the Council not later than 30 days after 
                the date of the conclusion of such meeting.''.

SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Limitations.--Section 303 (16 U.S.C. 1853) is amended by adding 
at the end the following:
    ``(d) Limitations.--
            ``(1) In general.--The requirements under subsection 
        (a)(15) shall not--
                    ``(A) apply to a species in a fishery that has a 
                mean life cycle of 12 months or less, or to a species 
                in a fishery with respect to which the vast majority of 
                spawning and recruitment occurs beyond State waters and 
                the exclusive economic zone, unless the Secretary has 
                determined the fishery is subject to overfishing of 
                that species; or
                    ``(B) limit or otherwise affect the requirements of 
                section 301(a)(1) or 304(e) of this Act.
            ``(2) Construction.--Nothing in this subsection shall be 
        construed to affect any effective date regarding the 
        requirements under subsection (a)(15) otherwise provided for 
        under an international agreement in which the United States 
        participates.''.
    (b) Relationship of Catch Limit Requirements to International 
Fishery Efforts.--Such section is further amended by adding at the end 
the following:
    ``(e) Consideration of International Fishery Efforts in Developing 
Catch Limits.--
            ``(1) In general.--Each annual catch limit developed under 
        section 302(h)(6) and each mechanism established under 
        subsection (a)(15) of this section--
                    ``(A) may take into account management measures 
                under international agreements in which the United 
                States participates; and
                    ``(B) 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.
            ``(2) 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--
                    ``(A) notwithstanding section 302(h)(6), no annual 
                catch limit is required to be developed for the species 
                by a Council; and
                    ``(B) 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.''.

SEC. 103. FUNDING FOR STOCK ASSESSMENTS, SURVEYS, AND DATA COLLECTION.

    Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) the costs of stock assessments, surveys, and 
                data collection in fisheries managed under this Act.''.

SEC. 104. CAPITAL CONSTRUCTION.

    (a) Definitions; Eligible and Qualified Fishery Facilities.--
Section 53501 of title 46, United States Code, is amended--
            (1) by striking ``(7) United states foreign trade.--'' and 
        inserting ``(11) United states foreign trade.--'';
            (2) by striking ``(8)Vessel.--'' and inserting ``(12) 
        Vessel.--'';
            (3) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (8), (9), and (10), respectively;
            (4) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (4), (5), and (6), respectively;
            (5) by redesignating paragraph (1) as paragraph (2);
            (6) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) Agreement fishery facility.--The term `agreement 
        fishery facility' means an eligible fishery facility or a 
        qualified fishery facility that is subject to an agreement 
        under this chapter.'';
            (7) by inserting after paragraph (2), as redesignated, the 
        following:
            ``(3) Eligible fishery facility.--The term `eligible 
        fishery facility' means--
                    ``(A) for operations on land--
                            ``(i) a structure or an appurtenance 
                        thereto designed for unloading and receiving 
                        from a vessel, processing, holding pending 
                        processing, distribution after processing, or 
                        holding pending distribution, of fish from a 
                        fishery;
                            ``(ii) the land necessary for the structure 
                        or appurtenance described in subsection (1); 
                        and
                            ``(iii) equipment that is for use with the 
                        structure or appurtenance that is necessary to 
                        perform a function described in clause (i);
                    ``(B) for operations not on land, a vessel built in 
                the United States and used for, equipped to be used 
                for, or of a type normally used for, processing fish; 
                or
                    ``(C) for aquaculture, including operations on land 
                or elsewhere--
                            ``(i) a structure or an appurtenance 
                        thereto designed for aquaculture;
                            ``(ii) the land necessary for the structure 
                        or appurtenance;
                            ``(iii) equipment that is for use with the 
                        structure or appurtenance and that is necessary 
                        to perform a function described in clause (i); 
                        and
                            ``(iv) a vessel built in the United States 
                        and used for, equipped to be used for, or of a 
                        type normally used for, aquaculture.''.
            (8) by inserting after paragraph (6), as redesignated, the 
        following:
            ``(7) Qualified fishery facility.--The term `qualified 
        fishery facility' means--
                    ``(A) for operations on land--
                            ``(i) a structure or an appurtenance 
                        thereto designed for unloading and receiving 
                        from a vessel, processing, holding pending 
                        processing, distribution after processing, or 
                        holding pending distribution, of fish from a 
                        fishery;
                            ``(ii) the land necessary for the structure 
                        or appurtenance; and
                            ``(iii) equipment that is for use with the 
                        structure or appurtenance and necessary to 
                        perform a function described in clause (i);
                    ``(B) for operations not on land, a vessel built in 
                the United States and used for, equipped to be used 
                for, or of a type normally used for, processing fish; 
                or
                    ``(C) for aquaculture, including operations on land 
                or elsewhere--
                            ``(i) a structure or an appurtenance 
                        thereto designed for aquaculture;
                            ``(ii) the land necessary for the structure 
                        or appurtenance;
                            ``(iii) equipment that is for use with the 
                        structure or appurtenance and necessary for 
                        performing a function described in clause (i); 
                        and
                            ``(iv) a vessel built in the United 
                        States.''.
    (b) Eligible Fishery Facilities.--
            (1) Definition of secretary.--Paragraph (9)(A) of section 
        53501 of title 46, United States Code, as redesignated by 
        subsection (a) of this section, is amended to read as follows:
                    ``(A) the Secretary of Commerce with respect to--
                            ``(i) an eligible vessel or a qualified 
                        vessel operated or to be operated in the 
                        fisheries of the United States; or
                            ``(ii) an eligible fishery facility or a 
                        qualified fishery facility; and''.
            (2) Establishing a capital construction fund.--Section 
        53503 of title 46, United States Code, is amended--
                    (A) in subsection (a)--
                            (i) by inserting ``or eligible fishery 
                        facility'' after ``eligible vessel''; and
                            (ii) by striking the period at the end and 
                        inserting ``or fishery facility.''; and
                    (B) by amending subsection (b) to read as follows:
    ``(b) Allowable Purpose.--The purpose of the agreement shall be--
            ``(1) to provide replacement vessels, additional vessels, 
        or reconstructed vessels, built in the United States and 
        documented under the laws of the United States, for operation 
        in the United States foreign, Great Lakes, noncontiguous 
        domestic, or short sea transportation trade or in the fisheries 
        of the United States; or
            ``(2) to provide for the acquisition, construction, or 
        reconstruction of a fishery facility.''.
    (c) Agreement Fishery Facilities.--
            (1) Deposits and withdrawals.--Section 53504(b) of title 
        46, United States Code, is amended by striking the period at 
        the end and inserting ``or an agreement fishery facility.''.
            (2) Ceiling on deposits.--Section 53505 of title 46, United 
        States Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting ``or 
                        agreement fishery facilities'' after 
                        ``agreement vessels'';
                            (ii) in paragraph (2), by striking the 
                        semicolon at the end and inserting ``or 
                        agreement fishery facilities;'' and
                            (iii) in paragraph (3) by inserting ``or 
                        agreement fishery facility'' after ``agreement 
                        vessel'' both places that term appears; and
                    (B) in subsection (b)--
                            (i) by inserting ``or agreement fishery 
                        facility'' after ``an agreement vessel''; and
                            (ii) by inserting ``or fishery facility'' 
                        after ``the vessel''.
    (d) Technical Amendment.--Paragraph (8)(A)(iii) of section 53501 of 
title 46, United States Code, as redesignated by subsection (a) of this 
section, is amended by striking ``trade trade'' and inserting 
``trade''.

SEC. 105. FISHERIES DISASTER RELIEF.

    Section 312(a) (16 U.S.C. 1861a(a)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) The Secretary shall make a decision regarding a 
        request under paragraph (1) not later than 90 days after the 
        date the Secretary receives a complete estimate of the economic 
        impact of the fishery resource disaster from the affected 
        State, tribal government, or fishing community.''.

SEC. 106. REGIONAL FISHERY CONSERVATION AND MANAGEMENT AUTHORITIES.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended by 
inserting after section 313, the following:

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

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

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

    ``At least once every 5 years, the South Atlantic Fishery 
Management Council shall review, in accordance with the provisions of 
this Act, any allocation of fishing privileges among the commercial, 
recreational, and charter components of a fishery managed under a 
fishery management plan prepared by the Council, except that the 
Council may delay action for not more than 3 additional 1-year periods 
if necessary.''.
    (b) Table of Contents.--The table of contents in the first section 
is amended by inserting after the item relating to section 313, the 
following:

``313A. Gulf of Mexico fisheries conservation and management.
``313B. South Atlantic fisheries conservation and management.''.

SEC. 107. STUDY OF ALLOCATIONS IN MIXED-USE FISHERIES IN THE GULF OF 
              MEXICO AND SOUTH ATLANTIC.

    (a) Study Requirements.--Not later than 60 days after the date of 
the 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--
            (1) to provide guidance 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, to the Gulf 
        of Mexico and South Atlantic Regional Fishery Management 
        Councils established under section 302 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1852) in the 
        preparation of a fishery management plan under that Act; and
            (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions.
    (b) Report.--Not later than 1 year after the date the Secretary 
enters into an arrangement under subsection (a), the Secretary shall 
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 the study conducted under subsection (a).
    (c) Alternate Contract Scientific Organization.--
            (1) In general.--If the Secretary is unable within the time 
        period prescribed in subsection (a) to enter into an agreement 
        described in such subsection (a) with the National Academy of 
        Sciences on terms acceptable to the Secretary, the Secretary 
        shall seek to enter into such an agreement with the Atlantic 
        Coastal Cooperative Statistics Program.
            (2) Treatment.--If the Secretary enters into an agreement 
        with the Atlantic Coastal Cooperative Statistics Program as 
        described in paragraph (1), any reference in this section to 
        the National Academy of Sciences shall be treated as a 
        reference to the Atlantic Coastal Cooperative Statistics 
        Program.

SEC. 108. REQUIREMENTS RELATING TO EXPERIMENTAL FISHING PERMITS FOR 
              FISHING IN GULF OF MEXICO OR SOUTH ATLANTIC.

    Section 318(d) (16 U.S.C. 1867(d)) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Not later''; and
            (2) by adding at the end the following:
            ``(2) Requirements relating to gulf of mexico and south 
        atlantic.--
                    ``(A) Consultation.--The Regional Administrator or 
                Director shall consult with the State Fish and Wildlife 
                Agency of any State with a fishing community that would 
                be affected by the issuance of an experimental fishing 
                permit under paragraph (1) for fishing in Federal 
                waters in the Gulf of Mexico or the South Atlantic 
                before issuing such permit.
                    ``(B) Limitation.--The process created under 
                paragraph (1) may not be used in such manner as to 
                implement a region-wide limited access privilege 
                program under section 303A or a sector allocation.''.

        TITLE II--FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

SEC. 201. FISHERIES RESEARCH.

    (a) Stock Assessment Plan.--Section 404 (16 U.S.C. 1881c) is 
amended by adding at the end the following:
    ``(e) Stock Assessment Plan.--
            ``(1) In general.--The Secretary, in consultation with the 
        Councils, shall develop, submit to Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Natural Resources of the House of Representatives, and publish 
        in the Federal Register, on the same schedule as required for 
        the strategic plan required under subsection (b), a plan to 
        conduct stock assessments for all stocks of fish for which a 
        fishery management plan is in effect under this Act.
            ``(2) Contents.--The plan shall--
                    ``(A) for each stock of fish for which a stock 
                assessment has previously been conducted--
                            ``(i) establish a schedule for updating the 
                        stock assessment that is reasonable given the 
                        biology and characteristics of the stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of a new 
                        stock assessment, or an update of the most 
                        recent stock assessment--
                                    ``(I) at least once every 5 years, 
                                except a Council may delay action for 
                                not more than 3 additional 1-year 
                                periods; or
                                    ``(II) within such other time 
                                period specified and justified by the 
                                Secretary in the plan;
                    ``(B) for each economically important stock of fish 
                for which a stock assessment has not previously been 
                conducted--
                            ``(i) establish a schedule for conducting 
                        an initial stock assessment that is reasonable 
                        given the biology and characteristics of the 
                        stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of the 
                        initial stock assessment not later than 3 years 
                        after the date that the plan is published in 
                        the Federal Register unless another time period 
                        is specified and justified by the Secretary in 
                        the plan; and
                    ``(C) identify data and analysis, especially 
                concerning recreational fishing, that, if available, 
                would reduce uncertainty in and improve the accuracy of 
                future stock assessments, including whether that data 
                and analysis could be provided by State fish and 
                wildlife agencies, fishermen, fishing communities, 
                universities, research institutions, and philathropic 
                organizations.
            ``(3) Waiver of stock assessment requirement.--
        Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph 
        (2), a stock assessment shall not be required for a stock of 
        fish in the plan if the Secretary determines that such a stock 
        assessment is not necessary and justifies the determination in 
        the Federal Register notice required by this subsection.''.
    (b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of 
the Magnuson-Stevens Fishery Conservation and Management Act, as added 
by this section, the Secretary of Commerce shall issue the first stock 
assessment plan under that section by not later than 1 year after the 
date of the enactment of this Act.

SEC. 202. IMPROVING SCIENCE.

    (a) Improving Data Collection and Analysis.--
            (1) In general.--Section 404 (16 U.S.C. 1881c), as amended 
        by section 201 of this Act, is further amended by adding at the 
        end the following:
    ``(f) Improving Data Collection and Analysis.--
            ``(1) In general.--The Secretary, in consultation with the 
        scientific and statistical committees of the Councils 
        established under section 302(g), shall develop and submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report on facilitating greater incorporation 
        of data, analysis, stock assessments, and surveys from State 
        fish and wildlife agencies, fishermen, fishing communities, 
        universities, research institutions, and philanthropic 
        organizations, into fisheries management decisions.
            ``(2) Content.--The report under paragraph (1) shall--
                    ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, that can be 
                reliably used for purposes of this Act and the basis 
                for establishing conservation and management measures 
                as required by section 303(a)(1), including setting 
                standards for the collection and use of that data and 
                analysis in stock assessments and surveys and for other 
                purposes;
                    ``(B) provide specific recommendations for 
                collecting data and performing analyses identified as 
                necessary to reduce the uncertainty referred to in 
                section 404(e)(2)(C);
                    ``(C) consider the extent to which it is possible 
                to establish a registry of persons providing such 
                information; and
                    ``(D) consider the extent to which the acceptance 
                and use of data and analysis identified in the report 
                in fishery management decisions is practicable.''.
            (2) Deadline.--The Secretary of Commerce shall submit the 
        report required by section 404(f) of the Magnuson-Stevens 
        Fishery Conservation and Management Act, as added by paragraph 
        (1), not later than 1 year after the date of the enactment of 
        this Act.
    (b) NAS Report Recommendations.--The Secretary of Commerce shall 
consider, and to the extent feasible, implement the recommendations of 
the National Academy of Sciences in its report entitled ``Review of the 
Marine Recreational Information Program (2017)'', including--
            (1) prioritizing the evaluation of electronic data 
        collection for the Fishing Effort Survey, including smartphone 
        applications, electronic diaries for prospective data 
        collection, and an Internet website option; and
            (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, if such program is incompatible with 
        such needs, determining an alternative method for in-season 
        management that is consistent with the requirements of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.).
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