IB 

Union Calendar No. 591 

115TH CONGRESS 

2D SESSION H. R. 200 

[Report No. 115–758] 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to provide flexibility for fishery managers and stability for fishermen, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2017 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

JUNE 19, 2018 

Additional sponsors: Mr. GRAVES of Louisiana, Mr. BABIN, Mr. HIGGINS of 

Louisiana, Mr. GENE GREEN of Texas, Mr. WITTMAN, Mr. ZELDIN, Mr. 

GROTHMAN, Mr. KING of Iowa, Mr. DUNCAN of South Carolina, Mr. 

AUSTIN SCOTT of Georgia, and Mr. VEASEY

JUNE 19, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 3, 2017] 


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A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Fishing 

5 Communities and Increasing Flexibility in Fisheries Man6 agement Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 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. 

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. 


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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. 

1 SEC. 3. DEFINITIONS. 

2 In this Act, any term used that is defined in section 

3 3 of the Magnuson-Stevens Fishery Conservation and Man4 agement Act (16 U.S.C. 1802) shall have the same meaning 

5 such term has under that section. 

6 SEC. 4. REFERENCES. 

7 Except as otherwise specifically provided, whenever in 

8 this Act an amendment or repeal is expressed in terms of 

9 an amendment to, or repeal of, a provision, the reference 

10 shall be considered to be made to a provision of the Magnu11 son-Stevens Fishery Conservation and Management Act (16 

12 U.S.C. 1801 et seq.). 

13 TITLE I—MAGNUSON-STEVENS 

14 ACT FINDINGS AND DEFINI15 TIONS AMENDMENTS AND RE16 AUTHORIZATION 

17 SEC. 101. AMENDMENTS TO FINDINGS. 

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

19 (1) in paragraph (1), by inserting ‘‘cultural 

20 well-being,’’ after ‘‘economy,’’; and 


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1 (2) in paragraph (10), by inserting ‘‘and tradi2 tional ways of life’’ after ‘‘economic growth’’. 

3 SEC. 102. AMENDMENTS TO DEFINITIONS. 

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

5 amended— 

6 (1) in paragraph (2), by striking ‘‘management 

7 program’’; 

8 (2) in paragraph (34), by striking ‘‘The terms 

9 ‘overfishing’ and ‘overfished’ mean’’ and inserting 

10 ‘‘The term ‘overfishing’ means’’; and 

11 (3) by inserting after paragraph (8) the fol12 lowing: 

13 ‘‘(8a) The term ‘depleted’ means, with respect to 

14 a stock of fish or stock complex, that the stock or stock 

15 complex has a biomass that has declined below a level 

16 that jeopardizes the capacity of the stock or stock com17 plex to produce maximum sustainable yield on a con18 tinuing basis.’’; and 

19 (4) by inserting after paragraph (43) the fol20 lowing: 

21 ‘‘(43a)(A) The term ‘subsistence fishing’ means 

22 fishing in which the fish harvested are intended for 

23 customary and traditional uses, including for direct 

24 personal or family consumption as food or clothing; 

25 for the making or selling of handicraft articles out of 


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1 nonedible byproducts taken for personal or family 

2 consumption, for barter, or sharing for personal or 

3 family consumption; and for customary exchange or 

4 trade. 

5 ‘‘(B) In this paragraph— 

6 ‘‘(i) the term ‘family’ means all persons re7 lated by blood, marriage, or adoption, or any 

8 person living within the household on a perma9 nent basis; and 

10 ‘‘(ii) the term ‘barter’ means the exchange of 

11 a fish or fish part— 

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

13 ‘‘(II) for other food or for nonedible 

14 items other than money if the exchange is of 

15 a limited and noncommercial nature.’’. 

16 (b) SUBSTITUTION OF TERM.—The Magnuson-Stevens 

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

18 1801 et seq.) is amended— 

19 (1) in the heading of section 304(e), by striking 

20 ‘‘OVERFISHED’’ and inserting ‘‘DEPLETED’’; and 

21 (2) by striking ‘‘overfished’’ each place it ap22 pears and inserting ‘‘depleted’’. 

23 (c) CLARITY IN ANNUAL REPORT.—Section 304(e)(1) 

24 (16 U.S.C. (e)(1)) is amended by adding at the end the fol25 lowing: ‘‘The report shall distinguish between fisheries that 


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1 are depleted (or approaching that condition) as a result of 

2 fishing and fisheries that are depleted (or approaching that 

3 condition) as a result of factors other than fishing. The re4 port shall state, for each fishery identified as depleted or 

5 approaching that condition, whether the fishery is the target 

6 of directed fishing.’’. 

7 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

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

9 (1) by striking ‘‘this Act’’ and all that follows 

10 through ‘‘(7)’’ and inserting ‘‘this Act’’; and 

11 (2) by striking ‘‘fiscal year 2013’’ and inserting 

12 ‘‘each of fiscal years 2018 through 2022’’. 

13 TITLE II—FISHERIES MANAGE14 MENT FLEXIBILITY AND MOD15 ERNIZATION 

16 SEC. 201. DEFINITIONS. 

17 For the purposes of implementing this title: 

18 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

19 The term ‘‘appropriate committees of Congress’’ 

20 means— 

21 (A) the Committee on Commerce, Science, 

22 and Transportation of the Senate; and 

23 (B) the Committee on Natural Resources of 

24 the House of Representatives. 


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1 (2) LIMITED ACCESS PRIVILEGE PROGRAM.—The 

2 term ‘‘limited access privilege program’’ means a pro3 gram that meets the requirements of section 303A of 

4 the Magnuson-Stevens Fishery Conservation and 

5 Management Act (16 U.S.C. 1853a). 

6 (3) MIXED-USE FISHERY.—The term ‘‘mixed7 used fishery’’ means a Federal fishery in which two 

8 or more of the following occur: 

9 (A) Recreational fishing. 

10 (B) Charter fishing. 

11 (C) Commercial fishing. 

12 SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH 

13 ATLANTIC AND GULF OF MEXICO MIXED-USE 

14 FISHERIES. 

15 (a) STUDY OF ALLOCATIONS IN MIXED-USE FISH16 ERIES.—Not later than 60 days after the date of enactment 

17 of this Act, the Secretary of Commerce shall seek to enter 

18 into an arrangement with the National Academy of 

19 Sciences to conduct a study of South Atlantic and Gulf of 

20 Mexico mixed-use fisheries— 

21 (1) to provide guidance to each applicable Coun22 cil on criteria that could be used for allocating fishing 

23 privileges, including consideration of the conservation 

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1 reational, and charter components of a fishery, in the 

2 preparation of a fishery management plan; 

3 (2) to identify sources of information that could 

4 reasonably support the use of such criteria in alloca5 tion decisions; 

6 (3) to develop procedures for allocation reviews 

7 and potential adjustments in allocations; and 

8 (4) that shall consider the ecological, economic 

9 and social factors relevant to each component of the 

10 mixed-use fishery including but not limited to: fair11 ness and equitability of all current allocations; per12 cent utilization of available allocations by each com13 ponent; consumer and public access to the resource; 

14 and the application of economic models for fully esti15 mating the direct and indirect value-added contribu16 tions of the various commercial and recreational fish17 ing industry market sectors throughout chain of cus18 tody. 

19 (b) REPORT.—Not later than 1 year after the date an 

20 arrangement is entered into under subsection (a), the Na21 tional Academy of Sciences shall submit to the appropriate 

22 committees of Congress a report on the study conducted 

23 under that subsection. 

24 (c) PROCESS FOR ALLOCATION REVIEW AND ESTAB25 LISHMENT.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, and every 5 years 

3 thereafter, an applicable Council shall perform a re4 view of the allocations to the commercial fishing sec5 tor and the recreational fishing sector of all applica6 ble fisheries in its jurisdiction. 

7 (2) CONSIDERATIONS.—In conducting a review 

8 under paragraph (1), an applicable Council shall 

9 consider, in each allocation decision, the conservation 

10 and socioeconomic benefits of— 

11 (A) the commercial fishing sector; and 

12 (B) the recreational fishing sector. 

13 (d) DEFINITION OF APPLICABLE COUNCIL.—In this 

14 section, the term ‘‘applicable Council’’ means— 

15 (1) the South Atlantic Fishery Management 

16 Council; or 

17 (2) the Gulf of Mexico Fishery Management 

18 Council. 

19 SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEASURES. 

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

21 (1) in paragraph (7)(C), by striking ‘‘; and’’ and 

22 inserting a semicolon; 

23 (2) by redesignating paragraph (8) as para24 graph (9); and 


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1 (3) by inserting after paragraph (7), the fol2 lowing: 

3 ‘‘(8) have the authority to use alternative fishery 

4 management measures in a recreational fishery (or 

5 the recreational component of a mixed-use fishery), 

6 including extraction rates, fishing mortality targets, 

7 and harvest control rules, in developing a fishery 

8 management plan, plan amendment, or proposed reg9 ulations; and’’. 

10 SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 

11 REQUIREMENT. 

12 (a) REGIONAL FISHERY MANAGEMENT COUNCILS.— 

13 Section 302 (16 U.S.C. 1852) is amended by adding at the 

14 end the following: 

15 ‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN16 NUAL CATCH LIMIT REQUIREMENTS.— 

17 ‘‘(1) ANNUAL CATCH LIMIT REQUIREMENT FOR

18 CERTAIN DATA-POOR FISHERIES.—Notwithstanding 

19 subsection (h)(6), in the case of a stock of fish for 

20 which the total annual catch limit is 25 percent or 

21 more below the overfishing limit, a peer-reviewed 

22 stock survey and stock assessment have not been per23 formed during the preceding 5 fishing years, and the 

24 stock is not subject to overfishing, a Council may, 

25 after notifying the Secretary, maintain the current 


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1 annual catch limit for the stock until a peer-reviewed 

2 stock survey and stock assessment are conducted and 

3 the results are considered by the Council and its sci4 entific and statistical committee. 

5 ‘‘(2) CONSIDERATION OF ECOSYSTEM AND ECO6 NOMIC IMPACTS.—In establishing annual catch limits 

7 a Council may, consistent with subsection (h)(6), con8 sider changes in an ecosystem and the economic needs 

9 of the fishing communities. 

10 ‘‘(3) LIMITATIONS TO ANNUAL CATCH LIMIT RE11 QUIREMENT FOR SPECIAL FISHERIES.—Notwith12 standing subsection (h)(6), a Council is not required 

13 to develop an annual catch limit for— 

14 ‘‘(A) an ecosystem-component species; 

15 ‘‘(B) a fishery for a species that has a life 

16 cycle of approximately 1 year, unless the Sec17 retary has determined the fishery is subject to 

18 overfishing; or 

19 ‘‘(C) a stock for which— 

20 ‘‘(i) more than half of a single-year 

21 class will complete their life cycle in less 

22 than 18 months; and 

23 ‘‘(ii) fishing mortality will have little 

24 impact on the stock. 


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1 ‘‘(4) RELATIONSHIP TO INTERNATIONAL FISHERY

2 EFFORTS.— 

3 ‘‘(A) IN GENERAL.—Each annual catch 

4 limit, consistent with subsection (h)(6)— 

5 ‘‘(i) may take into account manage6 ment measures under international agree7 ments in which the United States partici8 pates; and 

9 ‘‘(ii) in the case of an annual catch 

10 limit developed by a Council for a species, 

11 shall take into account fishing for the spe12 cies outside the exclusive economic zone and 

13 the life-history characteristics of the species 

14 that are not subject to the jurisdiction of the 

15 Council. 

16 ‘‘(B) EXCEPTION TO ANNUAL CATCH LIMIT

17 REQUIREMENT.—If fishery management activi18 ties by another country with respect to fishing 

19 outside the exclusive economic zone may hinder 

20 conservation efforts by United States fishermen 

21 for a fish species for which any of the recruit22 ment, distribution, life history, or fishing activi23 ties are transboundary, and for which there is no 

24 informal transboundary agreement with that 

25 country in effect, then— 


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1 ‘‘(i) notwithstanding subsection (h)(6), 

2 no annual catch limit is required to be de3 veloped for the species by a Council; and 

4 ‘‘(ii) if an annual catch limit is devel5 oped by a Council for the species, the catch 

6 limit shall take into account fishing for the 

7 species outside the exclusive economic zone 

8 that is not subject to the jurisdiction of the 

9 Council. 

10 ‘‘(5) AUTHORIZATION FOR MULTISPECIES COM11 PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 

12 For purposes of subsection (h)(6), a Council may es13 tablish— 

14 ‘‘(A) an annual catch limit for a stock com15 plex; or‘including’ 

16 ‘‘(B) annual catch limits for each year in 

17 any continuous period that is not more than 

18 three years in duration. 

19 ‘‘(6) ECOSYSTEM-COMPONENT SPECIES DE20 FINED.—In this subsection the term ‘ecosystem-com21 ponent species’ means a stock of fish that is a nontar22 get, incidentally harvested stock of fish in a fishery, 

23 or a nontarget, incidentally harvested stock of fish 

24 that a Council or the Secretary has determined— 


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1 ‘‘(A) is not subject to overfishing, approach2 ing a depleted condition or depleted; and 

3 ‘‘(B) is not likely to become subject to over4 fishing or depleted in the absence of conservation 

5 and management measures. 

6 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 

7 subsection shall be construed as providing an exemp8 tion from the requirements of section 301(a) of this 

9 Act.’’. 

10 (b) ACTION BY THE SECRETARY.—Section 304 (16 

11 U.S.C. 1854) is amended— 

12 (1) by striking ‘‘(i) INTERNATIONAL OVER13 FISHING.—’’ and inserting ‘‘(j) INTERNATIONAL

14 OVERFISHING.—’’; 

15 (2) in subsection (j)(1), as redesignated, by in16 serting ‘‘shall’’ before ‘‘immediately’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(k) STOCK SURVEYS AND ASSESSMENTS.—Not later 

19 than 2 years after the date that the Secretary receives notice 

20 from a Council under section 302(m), the Secretary shall 

21 complete a peer-reviewed stock survey and stock assessment 

22 of the applicable stock of fish and transmit the results of 

23 the survey and assessment to the Council.’’. 


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1 SEC. 205. LIMITATION ON FUTURE CATCH SHARE PRO2 GRAMS. 

3 (a) CATCH SHARE DEFINED.—Section 3 (16 U.S.C. 

4 1802) is amended by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘(2a) The term ‘catch share’ means any fishery 

7 management program that allocates a specific per8 centage of the total allowable catch for a fishery, or 

9 a specific fishing area, to an individual, cooperative, 

10 community, processor, representative of a commercial 

11 sector, or regional fishery association established in 

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

13 (b) CATCH SHARE REFERENDUM PILOT PROGRAM.— 

14 (1) IN GENERAL.—Section 303A(c)(6)(D) (16 

15 U.S.C. 1853a(c)(6)(D)) is amended to read as follows: 

16 ‘‘(D) CATCH SHARE REFERENDUM PILOT

17 PROGRAM.— 

18 ‘‘(i) The New England, Mid-Atlantic, 

19 South Atlantic, and Gulf of Mexico Councils 

20 may not submit a fishery management plan 

21 or amendment that creates a catch share 

22 program for a fishery, and the Secretary 

23 may not approve or implement such a plan 

24 or amendment submitted by such a Council 

25 or a Secretarial plan or amendment under 

26 section 304(c) that creates such a program, 


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1 unless the final program has been approved, 

2 in a referendum in accordance with this 

3 subparagraph, by a majority of the permit 

4 holders eligible to participate in the fishery. 

5 For multispecies permits in the Gulf of 

6 Mexico, any permit holder with landings 

7 from within the sector of the fishery being 

8 considered for the catch share program 

9 within the 5-year period preceding the date 

10 of the referendum and still active in fishing 

11 in the fishery shall be eligible to participate 

12 in such a referendum. If a catch share pro13 gram is not approved by the requisite num14 ber of permit holders, it may be revised and 

15 submitted for approval in a subsequent ref16 erendum. 

17 ‘‘(ii) The Secretary may, at the request 

18 of the New England Fishery Management 

19 Council, allow participation in such a ref20 erendum for a fishery under the Council’s 

21 authority, by fishing vessel crewmembers 

22 who derive a significant portion of their 

23 livelihood from such fishing. 

24 ‘‘(iii) The Secretary shall conduct a 

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1 cluding notifying all permit holders eligible 

2 to participate in the referendum and mak3 ing available to them— 

4 ‘‘(I) a copy of the proposed pro5 gram; 

6 ‘‘(II) an estimate of the costs of 

7 the program, including costs to partici8 pants; 

9 ‘‘(III) an estimate of the amount 

10 of fish or percentage of quota each per11 mit holder would be allocated; and 

12 ‘‘(IV) information concerning the 

13 schedule, procedures, and eligibility re14 quirements for the referendum process. 

15 ‘‘(iv) For the purposes of this subpara16 graph, the term ‘permit holder eligible to 

17 participate’ only includes the holder of a 

18 permit for a fishery under which fishing 

19 has occurred in 3 of the 5 years preceding 

20 a referendum for the fishery, unless sickness, 

21 injury, or other unavoidable hardship pre22 vented the permit holder from engaging in 

23 such fishing. 

24 ‘‘(v) The Secretary may not implement 

25 any catch share program for any fishery 


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1 managed exclusively by the Secretary unless 

2 first petitioned by a majority of those per3 mit holders eligible to participate in the 

4 fishery.’’. 

5 (2) LIMITATION ON APPLICATION.—The amend6 ment made by paragraph (1) shall not apply to a 

7 catch share program that is submitted to, or proposed 

8 by, the Secretary of Commerce before the date of en9 actment of this Act. 

10 (3) REGULATIONS.—Before conducting a ref11 erendum under the amendment made by paragraph 

12 (1), the Secretary of Commerce shall issue regulations 

13 implementing such amendment after providing an op14 portunity for submission by the public of comments 

15 on the regulations. 

16 SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PRO17 GRAMS FOR MIXED-USE FISHERIES. 

18 (a) STUDY ON LIMITED ACCESS PRIVILEGE PRO19 GRAMS.—Not later than 1 year after the date of enactment 

20 of this Act, the Secretary of Commerce shall seek to enter 

21 into an arrangement under which the Ocean Studies Board 

22 of the National Academies of Sciences, Engineering, and 

23 Medicine shall— 

24 (1) study the use of limited access privilege pro25 grams in mixed-use fisheries, including— 


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1 (A) identifying any inequities caused by a 

2 limited access privilege program; 

3 (B) recommending policies to address the 

4 inequities identified in subparagraph (A); and 

5 (C) identifying and recommending the dif6 ferent factors and information a mixed-use fish7 ery should consider when designing, establishing, 

8 or maintaining a limited access privilege pro9 gram to mitigate any inequities identified in 

10 subparagraph (A); and 

11 (2) submit to the appropriate committees of Con12 gress a report on the study under paragraph (1), in13 cluding the recommendations under subparagraphs 

14 (B) and (C) of paragraph (1). 

15 (b) TEMPORARY MORATORIUM.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), there shall be a moratorium on the submis18 sion and approval of a limited access privilege pro19 gram for a mixed-used fishery until the date that the 

20 report is submitted under subsection (a)(1)(B). 

21 (2) EXCEPTION.—Subject to paragraph (3), a 

22 Council may submit, and the Secretary of Commerce 

23 may approve, for a mixed- use fishery that is man24 aged under a limited access system, a limited access 

25 privilege program if such program was part of a 


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1 pending fishery management plan or plan amend2 ment before the date of enactment of this Act. 

3 (3) MANDATORY REVIEW.—A Council that ap4 proves a limited access privilege program under para5 graph (2) shall, upon issuance of the report required 

6 under subparagraph (a), review and, to the extent 

7 practicable, revise the limited access privilege pro8 gram to be consistent with the recommendations of the 

9 report or any subsequent statutory or regulatory re10 quirements designed to implement the recommenda11 tions of the report. 

12 (4) RULE OF CONSTRUCTION.—Nothing in this 

13 section may be construed to affect a limited access 

14 privilege program approved by the Secretary of Com15 merce before the date of enactment of this Act. 

16 SEC. 207. COOPERATIVE DATA COLLECTION. 

17 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

18 Section 404 (16 U.S.C. 1881c) is amended by adding at 

19 the end the following: 

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

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary shall 

23 develop, in consultation with the science and statis24 tical committees of the Councils established under sec25 tion 302(g) and the Marine Fisheries Commissions, 


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1 and submit to the Committee on Commerce, Science, 

2 and Transportation of the Senate and the Committee 

3 on Natural Resources of the House of Representatives 

4 a report on facilitating greater incorporation of data, 

5 analysis, stock assessments, and surveys from State 

6 agencies and nongovernmental sources described in 

7 paragraph (2) into fisheries management decisions. 

8 ‘‘(2) NONGOVERNMENTAL SOURCES.—Nongovern9 mental sources referred to in paragraph (1) include 

10 the following: 

11 ‘‘(A) Fishermen. 

12 ‘‘(B) Fishing communities. 

13 ‘‘(C) Universities. 

14 ‘‘(D) Research and philanthropic institu15 tions. 

16 ‘‘(3) CONTENT.—In developing the report under 

17 paragraph (1), the Secretary shall— 

18 ‘‘(A) identify types of data and analysis, es19 pecially concerning recreational fishing, that can 

20 be reliably used for purposes of this Act as the 

21 basis for establishing conservation and manage22 ment measures as required by section 303(a)(1), 

23 including setting standards for the collection and 

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1 ments and surveys and for other purposes as de2 termined by the Secretary; 

3 ‘‘(B) provide specific recommendations for 

4 collecting data and performing analyses identi5 fied as necessary to reduce uncertainty in and 

6 improve the accuracy of future stock assessments, 

7 including whether such data and analysis could 

8 be provided by nongovernmental sources, includ9 ing fishermen, fishing communities, universities, 

10 and research institutions; 

11 ‘‘(C) consider the extent to which it is pos12 sible to establish a registry of persons collecting 

13 or submitting the data and performing the anal14 yses identified under subparagraphs (A) and 

15 (B); and 

16 ‘‘(D) consider the extent to which the ac17 ceptance and use of data and analyses identified 

18 in the report in fishery management decisions is 

19 practicable.’’. 

20 (b) DEADLINE.—The Secretary of Commerce shall de21 velop and publish guidelines under the amendment made 

22 by paragraph (a) by not later than 1 year after the date 

23 of enactment of this Act. 

24 (c) NAS REPORT RECOMMENDATIONS.—The Secretary 

25 of Commerce shall take into consideration and, to the extent 


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1 feasible, implement the recommendations of the National 

2 Academy of Sciences in the report entitled ‘‘Review of the 

3 Marine Recreational Information Program (2017)’’, includ4 ing— 

5 (1) prioritizing the evaluation of electronic data 

6 collection, including smartphone applications, elec7 tronic diaries for prospective data collection, and an 

8 Internet website option for panel members or for the 

9 public; 

10 (2) evaluating whether the design of the Marine 

11 Recreational Information Program for the purposes of 

12 stock assessment and the determination of stock man13 agement reference points is compatible with the needs 

14 of in-season management of annual catch limits; and 

15 (3) if the Marine Recreational Information Pro16 gram is incompatible with the needs of in-season 

17 management of annual catch limits, determining an 

18 alternative method for in-season management. 

19 SEC. 208. RECREATIONAL FISHING DATA. 

20 Section 401(g) (16 U.S.C. 1881(g)) is amended by re21 designating paragraph (4) as paragraph (5), and by insert22 ing after paragraph (3) the following: 

23 ‘‘(4) FEDERAL-STATE PARTNERSHIPS.— 

24 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

25 establish partnerships with States to develop best 


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1 practices for implementation of State programs 

2 established pursuant to paragraph (2). 

3 ‘‘(B) GUIDANCE.—The Secretary shall de4 velop guidance, in cooperation with the States, 

5 that details best practices for administering 

6 State programs pursuant to paragraph (2), and 

7 provide such guidance to the State.’’. 

8 SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO 

9 FISHERY MANAGEMENT COUNCILS. 

10 (a) COUNCIL JURISDICTION FOR OVERLAPPING FISH11 ERIES.—Section 302(a)(1) (16 U.S.C. 1852(a)) is amend12 ed— 

13 (1) in subparagraph (A), in the second sen14 tence— 

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

16 and 

17 (B) by inserting before the period at the end 

18 ‘‘and a liaison who is a member of the Mid-At19 lantic Fishery Management Council to represent 

20 the interests of fisheries under the jurisdiction of 

21 such Council’’; and 

22 (2) in subparagraph (B), in the second sen23 tence— 

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

25 and 


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1 (B) by inserting before the period at the end 

2 ‘‘and a liaison who is a member of the New Eng3 land Fishery Management Council to represent 

4 the interests of fisheries under the jurisdiction of 

5 such Council’’. 

6 (b) COUNCIL SEAT.—Section 302(b)(2) (16 U.S.C. 

7 1852(b)(2)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘or rec9 reational’’ and inserting ‘‘, recreational, or subsist10 ence fishing’’; and 

11 (2) in subparagraph (C), in the second sentence, 

12 by inserting ‘‘, and in the case of the Governor of 

13 Alaska with the subsistence fishing interests of the 

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

15 (c) PURPOSE.—Section 2(b)(3) (16 U.S.C. 1801(b)(3)) 

16 is amended by striking ‘‘and recreational’’ and inserting 

17 ‘‘, recreational, and subsistence’’. 

18 (d) PROHIBITION ON CONSIDERING RED SNAPPER

19 KILLED DURING REMOVAL OF OIL RIGS.—Any red snap20 per that are killed during the removal of any offshore oil 

21 rig in the Gulf of Mexico shall not be considered in deter22 mining under the Magnuson-Stevens Fishery Conservation 

23 and Management Act (16 U.S.C. 1801 et seq.) whether the 

24 total allowable catch for red snapper has been reached. 


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1 (e) PROHIBITION ON CONSIDERING FISH SEIZED

2 FROM FOREIGN FISHING.—Any fish that are seized from 

3 a foreign vessel engaged in illegal fishing activities in the 

4 exclusive economic zone shall not be considered in deter5 mining under the Magnuson-Stevens Fishery Conservation 

6 and Management Act (16 U.S.C. 1801 et seq.) the total al7 lowable catch for that fishery. 

8 TITLE III—HEALTHY FISHERIES 

9 THROUGH BETTER SCIENCE 

10 SEC. 301. HEALTHY FISHERIES THROUGH BETTER SCIENCE. 

11 (a) DEFINITION OF STOCK ASSESSMENT.—Section 3 

12 (16 U.S.C. 1802), as amended by section 102(a) of this Act, 

13 is further amended by redesignating the paragraphs after 

14 paragraph (42) in order as paragraphs (44) through (53), 

15 and by inserting after paragraph (42) the following: 

16 ‘‘(43) The term ‘stock assessment’ means an eval17 uation of the past, present, and future status of a 

18 stock of fish, that includes— 

19 ‘‘(A) a range of life history characteristics 

20 for such stock, including— 

21 ‘‘(i) the geographical boundaries of 

22 such stock; and 

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1 duction, feeding habits, and habitat pref2 erences of such stock; and 

3 ‘‘(B) fishing for the stock.’’. 

4 (b) STOCK ASSESSMENT PLAN.— 

5 (1) IN GENERAL.—Section 404 (16 U.S.C. 

6 1881c), as amended by section 207(a) of this Act, is 

7 further amended by adding at the end the following: 

8 ‘‘(f) STOCK ASSESSMENT PLAN.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall develop 

10 and publish in the Federal Register, on the same 

11 schedule as required for the strategic plan required 

12 under subsection (b) of this section, a plan to conduct 

13 stock assessments for all stocks of fish for which a 

14 fishery management plan is in effect under this Act. 

15 ‘‘(2) CONTENTS.—The plan shall— 

16 ‘‘(A) for each stock of fish for which a stock 

17 assessment has previously been conducted— 

18 ‘‘(i) establish a schedule for updating 

19 the stock assessment that is reasonable given 

20 the biology and characteristics of the stock; 

21 and 

22 ‘‘(ii) subject to the availability of ap23 propriations, require completion of a new 

24 stock assessment, or an update of the most 

25 recent stock assessment— 


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1 ‘‘(I) every 5 years; or 

2 ‘‘(II) within such other time pe3 riod specified and justified by the Sec4 retary in the plan; 

5 ‘‘(B) for each stock of fish for which a stock 

6 assessment has not previously been conducted— 

7 ‘‘(i) establish a schedule for conducting 

8 an initial stock assessment that is reason9 able given the biology and characteristics of 

10 the stock; and 

11 ‘‘(ii) subject to the availability of ap12 propriations, require completion of the ini13 tial stock assessment within 3 years after 

14 the plan is published in the Federal Reg15 ister unless another time period is specified 

16 and justified by the Secretary in the plan; 

17 and 

18 ‘‘(C) identify data and analysis, especially 

19 concerning recreational fishing, that, if avail20 able, would reduce uncertainty in and improve 

21 the accuracy of future stock assessments, includ22 ing whether such data and analysis could be pro23 vided by fishermen, fishing communities, univer24 sities, and research institutions, to the extent 

25 that use of such data would be consistent with 


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1 the requirements in section 301(a)(2) to base 

2 conservation and management measures on the 

3 best scientific information available. 

4 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE5 MENT.—Notwithstanding subparagraphs (A)(ii) and 

6 (B)(ii), a stock assessment is not required for a stock 

7 of fish in the plan if the Secretary determines that 

8 such a stock assessment is not necessary and justifies 

9 such determination in the Federal Register notice re10 quired by this subsection.’’. 

11 (2) DEADLINE.—Notwithstanding section 

12 404(f)(1) of the Magnuson-Stevens Fishery Conserva13 tion and Management Act, as amended by this sec14 tion, the Secretary of Commerce shall issue the first 

15 stock assessment plan under such section by not later 

16 than 2 years after the date of enactment of this Act. 

17 SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. 

18 (a) ADVICE.—Section 302(g)(1)(B) (16 U.S.C. 

19 1852(g)(1)(B)) is amended by adding at the end the fol20 lowing: ‘‘Each scientific and statistical committee shall de21 velop such advice in a transparent manner and allow for 

22 public involvement in the process.’’. 

23 (b) MEETINGS.—Section 302(i)(2) (16 U.S.C. 

24 1852(i)(2)) is amended by adding at the end the following: 


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1 ‘‘(G) Each Council shall make available on 

2 the Internet Web site of the Council— 

3 ‘‘(i) to the extent practicable, a 

4 Webcast, an audio recording, or a live 

5 broadcast of each meeting of the Council, 

6 and of the Council Coordination Committee 

7 established under subsection (l), that is not 

8 closed in accordance with paragraph (3); 

9 and 

10 ‘‘(ii) audio, video (if the meeting was 

11 in person or by video conference), or a 

12 searchable audio or written transcript of 

13 each meeting of the Council and of the meet14 ings of committees referred to in section 

15 (g)(1)(B) of the Council by not later than 

16 30 days after the conclusion of the meeting. 

17 ‘‘(H) The Secretary shall maintain and 

18 make available to the public an archive of Coun19 cil and scientific and statistical committee meet20 ing audios, videos, and transcripts made avail21 able under clauses (i) and (ii) of subparagraph 

22 (G).’’. 

23 (c) FISHERY IMPACT STATEMENTS.— 

24 (1) REQUIREMENT.—Section 303 (16 U.S.C. 

25 1853) is amended— 


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1 (A) in subsection (a), by striking paragraph 

2 (9) and redesignating paragraphs (10) through 

3 (15) as paragraphs (9) through (14), respec4 tively; and 

5 (B) by adding at the end the following: 

6 ‘‘(d) FISHERY IMPACT STATEMENT.— 

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

8 management plan amendment) prepared by any 

9 Council or by the Secretary pursuant to subsection 

10 (a) or (b), or proposed regulations deemed necessary 

11 pursuant to subsection (c), shall include a fishery im12 pact statement which shall assess, specify and analyze 

13 the likely effects and impact of the proposed action on 

14 the quality of the human environment. 

15 ‘‘(2) The fishery impact statement shall de16 scribe— 

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

18 ‘‘(B) the environmental impact of the pro19 posed action; 

20 ‘‘(C) any adverse environmental effects 

21 which cannot be avoided should the proposed ac22 tion be implemented; 

23 ‘‘(D) a reasonable range of alternatives to 

24 the proposed action; 


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1 ‘‘(E) the relationship between short-term use 

2 of fishery resources and the enhancement of long3 term productivity; 

4 ‘‘(F) the cumulative conservation and man5 agement effects; and 

6 ‘‘(G) economic, and social impacts of the 

7 proposed action on— 

8 ‘‘(i) participants in the fisheries and 

9 fishing communities affected by the pro10 posed action; 

11 ‘‘(ii) participants in the fisheries con12 ducted in adjacent areas under the author13 ity of another Council, after consultation 

14 with such Council and representatives of 

15 those participants; and 

16 ‘‘(iii) the safety of human life at sea, 

17 including whether and to what extent such 

18 measures may affect the safety of partici19 pants in the fishery. 

20 ‘‘(3) A substantially complete fishery impact 

21 statement, which may be in draft form, shall be avail22 able not less than 14 days before the beginning of the 

23 meeting at which a Council makes its final decision 

24 on the proposal (for plans, plan amendments, or pro25 posed regulations prepared by a Council pursuant to 


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1 subsection (a) or (c)). Availability of this fishery im2 pact statement will be announced by the methods used 

3 by the Council to disseminate public information and 

4 the public and relevant government agencies will be 

5 invited to comment on the fishery impact statement. 

6 ‘‘(4) The completed fishery impact statement 

7 shall accompany the transmittal of a fishery manage8 ment plan or plan amendment as specified in section 

9 304(a), as well as the transmittal of proposed regula10 tions as specified in section (b). 

11 ‘‘(5) The Councils shall, subject to approval by 

12 the Secretary, establish criteria to determine actions 

13 or classes of action of minor significance regarding 

14 subparagraphs (A), (B), (D), (E), and (F) of para15 graph (2), for which preparation of a fishery impact 

16 statement is unnecessary and categorically excluded 

17 from the requirements of this section, and the docu18 mentation required to establish the exclusion. 

19 ‘‘(6) The Councils shall, subject to approval by 

20 the Secretary, prepare procedures for compliance with 

21 this section that provide for timely, clear, and concise 

22 analysis that is useful to decisionmakers and the pub23 lic, reduce extraneous paperwork and effectively in24 volve the public, including— 


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1 ‘‘(A) using Council meetings to determine 

2 the scope of issues to be addressed and identi3 fying significant issues related to the proposed 

4 action; 

5 ‘‘(B) integration of the fishery impact state6 ment development process with preliminary and 

7 final Council decision making in a manner that 

8 provides opportunity for comment from the pub9 lic and relevant government agencies prior to 

10 these decision points; and 

11 ‘‘(C) providing scientific, technical, and 

12 legal advice at an early stage of the development 

13 of the fishery impact statement to ensure timely 

14 transmittal and Secretarial review of the pro15 posed fishery management plan, plan amend16 ment, or regulations to the Secretary.’’. 

17 (2) EVALUATION OF ADEQUACY.—Section 

18 304(a)(2) (16 U.S.C. 1854(a)(2)) is amended by strik19 ing ‘‘and’’ after the semicolon at the end of subpara20 graph (B), striking the period at the end of subpara21 graph (C) and inserting ‘‘; and’’, and by adding at 

22 the end the following: 

23 ‘‘(D) evaluate the adequacy of the accom24 panying fishery impact statement as basis for 

25 fully considering the environmental impacts of 


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1 implementing the fishery management plan or 

2 plan amendment.’’. 

3 (3) REVIEW OF REGULATIONS.—Section 304(b) 

4 (16 U.S.C. 1854(b)) is amended by striking so much 

5 as precedes subparagraph (A) of paragraph (1) and 

6 inserting the following: 

7 ‘‘(b) REVIEW OF REGULATIONS.— 

8 ‘‘(1) Upon transmittal by the Council to the Sec9 retary of proposed regulations prepared under section 

10 303(c), the Secretary shall immediately initiate an 

11 evaluation of the proposed regulations to determine 

12 whether they are consistent with the fishery manage13 ment plan, plan amendment, this Act and other ap14 plicable law. The Secretary shall also immediately 

15 initiate an evaluation of the accompanying fishery 

16 impact statement as a basis for fully considering the 

17 environmental impacts of implementing the proposed 

18 regulations. Within 15 days of initiating such evalua19 tion the Secretary shall make a determination and— 

20 ’’. 

21 (4) EFFECT ON TIME REQUIREMENTS.—Section 

22 305(e) (16 U.S.C. 1855(e)) is amended by inserting 

23 ‘‘the National Environmental Policy Act of 1969 (42 

24 U.S.C. 4321 et seq.),’’ after ‘‘the Regulatory Flexi25 bility Act (5 U.S.C. 601 et seq.),’’. 


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1 SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS. 

2 (a) GENERAL REQUIREMENTS.—Section 304(e) (16 

3 U.S.C. 1854(e)) is amended— 

4 (1) in paragraph (4)— 

5 (A) in subparagraph (A)(i), by striking 

6 ‘‘possible’’ and inserting ‘‘practicable’’; 

7 (B) by amending subparagraph (A)(ii) to 

8 read as follows: 

9 ‘‘(ii) may not exceed the time the stock 

10 would be rebuilt without fishing occurring 

11 plus one mean generation, except in a case 

12 in which— 

13 ‘‘(I) the biology of the stock of 

14 fish, other environmental conditions, or 

15 management measures under an inter16 national agreement in which the 

17 United States participates dictate oth18 erwise; 

19 ‘‘(II) the Secretary determines 

20 that the cause of the stock being de21 pleted is outside the jurisdiction of the 

22 Council or the rebuilding program can23 not be effective only by limiting fishing 

24 activities; 

25 ‘‘(III) the Secretary determines 

26 that one or more components of a 


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1 mixed- stock fishery is depleted but 

2 cannot be rebuilt within that time3 frame without significant economic 

4 harm to the fishery, or cannot be re5 built without causing another compo6 nent of the mixed- stock fishery to ap7 proach a depleted status; 

8 ‘‘(IV) the Secretary determines 

9 that recruitment, distribution, or life 

10 history of, or fishing activities for, the 

11 stock are affected by informal trans12 boundary agreements under which 

13 management activities outside the ex14 clusive economic zone by another coun15 try may hinder conservation and man16 agement efforts by United States fish17 ermen; and 

18 ‘‘(V) the Secretary determines that 

19 the stock has been affected by unusual 

20 events that make rebuilding within the 

21 specified time period improbable with22 out significant economic harm to fish23 ing communities;’’; 

24 (C) by striking ‘‘and’’ after the semicolon at 

25 the end of subparagraph (B), by redesignating 


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1 subparagraphs (B) and (C) as subparagraphs 

2 (C) and (D), and by inserting after subpara3 graph (A) the following: 

4 ‘‘(B) take into account environmental con5 dition including predator/prey relationships;’’; 

6 and 

7 (D) by striking the period at the end of sub8 paragraph (D) (as so redesignated) and insert9 ing ‘‘; and’’, and by adding at the end the fol10 lowing: 

11 ‘‘(E) specify a schedule for reviewing the re12 building targets, evaluating environmental im13 pacts on rebuilding progress, and evaluating 

14 progress being made toward reaching rebuilding 

15 targets.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(8) A fishery management plan, plan amend18 ment, or proposed regulations may use alternative re19 building strategies, including harvest control rules 

20 and fishing mortality-rate targets to the extent they 

21 are in compliance with the requirements of this Act. 

22 ‘‘(9) A Council may terminate the application of 

23 paragraph (3) to a fishery if the Council’s scientific 

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1 retary concurs that the original determination that 

2 the fishery was depleted was erroneous, either— 

3 ‘‘(A) within the 2-year period beginning on 

4 the effective date a fishery management plan, 

5 plan amendment, or proposed regulation for a 

6 fishery under this subsection takes effect; or 

7 ‘‘(B) within 90 days after the completion of 

8 the next stock assessment after such determina9 tion.’’. 

10 (b) EMERGENCY REGULATIONS AND INTERIM MEAS11 URES.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is 

12 amended by striking ‘‘180 days after’’ and all that follows 

13 through ‘‘provided’’ and inserting ‘‘1 year after the date of 

14 publication, and may be extended by publication in the 

15 Federal Register for one additional period of not more than 

16 1 year, if’’. 

17 SEC. 304. EXEMPTED FISHING PERMITS. 

18 (a) IN GENERAL.—Before the approval and issuance 

19 of an exempted fishing permit under section 600.745 of title 

20 50, Code of Federal Regulations, or any successor regula21 tion, the Secretary of Commerce shall— 

22 (1) direct a joint peer review of the application 

23 for the exempted fishing permit by the appropriate re24 gional fisheries science center and State marine fish25 eries commission; and 


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1 (2) certify that the Council or Federal agency 

2 with jurisdiction over the affected fishery has deter3 mined that— 

4 (A) the fishing activity to be conducted 

5 under the proposed exempted fishing permit 

6 would not negatively impact any management 

7 measures or conservation objectives included 

8 within existing fishery management plans or 

9 plan amendments; 

10 (B) the social and economic impacts in both 

11 dollar amounts and loss of fishing opportunities 

12 on all participants in each sector of the fishery 

13 expected to occur as a result of the proposed ex14 empted fishing permit would be minimal; 

15 (C) the information that would be collected 

16 through the fishing activity to be conducted 

17 under the proposed exempted fishing permit will 

18 have a positive and direct impact on the con19 servation, assessment, or management of the fish20 ery; and 

21 (D) the Governor of each coastal State po22 tentially impacted by the proposed exempted 

23 fishing permit, as determined by the Secretary, 

24 has been consulted on the fishing activity to be 

25 conducted. 


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1 (b) CLARIFICATION.—The Secretary may not issue an 

2 exempted fishing permit under section 600.745 of title 50, 

3 Code of Federal Regulations, or any successor regulation 

4 that— 

5 (1) establishes a limited access system as defined 

6 in section 3 of the Magnuson-Stevens Fishery Con7 servation and Management Act (16 U.S.C. 1802); 

8 (2) is consistent with section 303A of such Act 

9 (16 U.S.C. 1853a); or 

10 (3) establishes a catch share program as defined 

11 in section 206(a) of this Act. 

12 (c) SAVINGS PROVISION.—Except for subsection (b)(2), 

13 nothing in this section may be construed to affect an ex14 empted fishing permit approved under section 600.745 of 

15 title 50, Code of Federal Regulations, before the date of en16 actment of this Act. 

17 SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT 

18 PROGRAM. 

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

20 (1) in subsection (a), by inserting ‘‘(1)’’ before 

21 the first sentence, and by adding at the end the fol22 lowing: 

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

24 of the Strengthening Fishing Communities and In25 creasing Flexibility in Fisheries Management Act, 


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1 and after consultation with the Councils, the Sec2 retary shall publish a plan for implementing and 

3 conducting the program established in paragraph (1). 

4 Such plan shall identify and describe critical regional 

5 fishery management and research needs, possible 

6 projects that may address those needs, and estimated 

7 costs for such projects. The plan shall be revised and 

8 updated every 5 years, and updated plans shall in9 clude a brief description of projects that were funded 

10 in the prior 5-year period and the research and man11 agement needs that were addressed by those projects.’’; 

12 and 

13 (2) in subsection (c)— 

14 (A) in the heading, by striking ‘‘FUNDING’’ 

15 and inserting ‘‘PRIORITIES’’; and 

16 (B) in paragraph (1), by striking ‘‘includ17 ing’’ and all that follows and inserting the fol18 lowing: ‘‘including— 

19 ‘‘(A) the use of fishing vessels or acoustic or 

20 other marine technology; 

21 ‘‘(B) expanding the use of electronic catch 

22 reporting programs and technology; and 

23 ‘‘(C) improving monitoring and observer 

24 coverage through the expanded use of electronic 

25 monitoring devices.’’. 


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1 SEC. 306. GULF OF MEXICO FISHERIES COOPERATIVE RE2 SEARCH AND RED SNAPPER MANAGEMENT. 

3 (a) FEDERAL GULF OF MEXICO RED SNAPPER MAN4 AGEMENT.—Section 407 (16 U.S.C. 1883) is amended by 

5 striking all after the section heading and inserting the fol6 lowing: 

7 ‘‘(a) CERTIFICATION OF STATE SURVEYS.— 

8 ‘‘(1) INCLUSION OF CERTIFIED STATE SUR9 VEYS.—In establishing the acceptable biological catch 

10 and total allowable catch for red snapper in the Gulf 

11 of Mexico, the Secretary shall include— 

12 ‘‘(A) Gulf State recreational fisheries sur13 veys that are certified under subsection (b); and 

14 ‘‘(B) data related to red snapper in the Gulf 

15 of Mexico collected by the Gulf States Marine 

16 Fisheries Commission, nongovernmental organi17 zations, and other nongovernmental sources, in18 cluding universities and research institutions. 

19 ‘‘(b) STATE SURVEYS.— 

20 ‘‘(1) SUBMISSION.—A Gulf State that conducts a 

21 recreational fisheries survey in the Gulf of Mexico to 

22 make catch estimates for red snapper landed in such 

23 State may submit such survey to the Secretary for 

24 certification. 

25 ‘‘(2) CERTIFICATION.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 make a certification or a denial of certification 

3 for any survey submitted under paragraph (1) 

4 not later than the end of the 6-month period be5 ginning on the date the survey is submitted. 

6 ‘‘(B) DEEMED CERTIFIED.—A recreational 

7 fisheries survey is deemed to be certified effective 

8 upon the expiration of such period if the Sec9 retary has not made a certification or denial of 

10 certification. 

11 ‘‘(3) MODIFICATION OF SURVEYS DENIED CER12 TIFICATION.— 

13 ‘‘(A) IN GENERAL.—If a survey of a Gulf 

14 State is denied certification under paragraph 

15 (2), the Secretary shall, not later than 60 days 

16 after the date of the denial, provide the Gulf 

17 State a proposal for modifications to the survey. 

18 ‘‘(B) PROPOSAL.—A proposal provided to a 

19 Gulf State for a survey under subparagraph 

20 (A)— 

21 ‘‘(i) shall be specific to the survey sub22 mitted by such Gulf State and may not be 

23 construed to apply to any other Gulf State; 

24 ‘‘(ii) shall require revision to the fewest 

25 possible provisions of the survey; and 


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1 ‘‘(iii) may not unduly burden the abil2 ity of such Gulf State to revise the survey. 

3 ‘‘(C) MODIFIED SURVEY.— 

4 ‘‘(i) AUTHORITY TO SUBMIT.—If a sur5 vey of a Gulf State was denied certification 

6 under paragraph (2), the Gulf State may 

7 modify the survey and submit the modified 

8 survey to the Secretary for certification or 

9 denial of certification. 

10 ‘‘(ii) SCHEDULE.—The Secretary shall 

11 make a certification or denial of certifi12 cation for any modified survey not later 

13 than the end of the 30-day period beginning 

14 on the date the modified survey is sub15 mitted. 

16 ‘‘(iii) DEEMED CERTIFIED.—A modi17 fied survey is deemed to be certified effective 

18 upon the expiration of the period described 

19 in clause (ii) if the Secretary has not made 

20 a certification or denial of certification. 

21 ‘‘(c) DEFINITIONS.—In this section: 

22 ‘‘(1) GULF STATE.—The term ‘Gulf State’ means 

23 each of the States of Texas, Louisiana, Mississippi, 

24 Alabama, or Florida. 


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1 ‘‘(2) RED SNAPPER.—The term ‘red snapper’ 

2 means the species Lutjanus campechanus.’’. 

3 (b) STOCK SURVEYS AND STOCK ASSESSMENTS.—The 

4 Secretary of Commerce, acting through the National Marine 

5 Fisheries Service Regional Administrator of the Southeast 

6 Regional Office, shall for purposes of the Magnuson-Stevens 

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

8 1801 et seq.)— 

9 (1) develop a schedule of stock surveys and stock 

10 assessments for the Gulf of Mexico Region and the 

11 South Atlantic Region for the 5-year period beginning 

12 on the date of the enactment of this Act and for every 

13 5-year period thereafter; 

14 (2) direct the Southeast Science Center Director 

15 to implement such schedule; and 

16 (3) in such development and implementation— 

17 (A) give priority to those stocks that are 

18 commercially or recreationally important; and 

19 (B) ensure that each such important stock is 

20 surveyed at least every 5 years. 

21 (c) USE OF FISHERIES INFORMATION IN STOCK AS22 SESSMENTS.—The Southeast Science Center Director shall 

23 ensure that fisheries information made available through 

24 fisheries programs funded under Public Law 112–141 is in25 corporated as soon as possible into any fisheries stock 


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1 asessments conducted after the date of the enactment of this 

2 Act. 

3 (d) STATE FISHERIES MANAGEMENT IN THE GULF OF

4 MEXICO WITH RESPECT TO RED SNAPPER.—Section 

5 306(b) (16 U.S.C. 1856(b)) is amended by adding at the 

6 end the following: 

7 ‘‘(4) Notwithstanding section 3(11), for the pur8 poses of managing the recreational sector of the Gulf 

9 of Mexico red snapper fishery, the seaward boundary 

10 of a coastal State in the Gulf of Mexico is a line 9 

11 miles seaward from the baseline from which the terri12 torial sea of the United States is measured.’’. 

13 SEC. 307. ENSURING CONSISTENT MANAGEMENT FOR FISH14 ERIES THROUGHOUT THEIR RANGE. 

15 (a) IN GENERAL.—The Act is amended by inserting 

16 after section 4 the following: 

17 ‘‘SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT 

18 UNDER CERTAIN OTHER FEDERAL LAWS. 

19 ‘‘(a) NATIONAL MARINE SANCTUARIES ACT AND AN20 TIQUITIES ACT OF.—In any case of a conflict between this 

21 Act and the National Marine Sanctuaries Act (16 U.S.C. 

22 1431 et seq.) or the Antiquities Act of 1906 (54 U.S.C. 

23 320301 et seq.), this Act shall control. 

24 ‘‘(b) FISHERIES RESTRICTIONS UNDER ENDANGERED

25 SPECIES ACT OF.—To ensure transparency and consistent 


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1 management of fisheries throughout their range, any re2 striction on the management of fish in the exclusive eco3 nomic zone that is necessary to implement a recovery plan 

4 under the Endangered Species Act of 1973 (16 U.S.C. 1531 

5 et seq.) shall be implemented— 

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

7 ‘‘(2) in accordance with processes and time 

8 schedules required under this Act.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents in 

10 the first section is amended by inserting after the item relat11 ing to section 3 the following: 

‘‘Sec. 4. Authorization of appropriations. 

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

laws.’’. 

12 TITLE IV— STRENGTHENING 

13 FISHING COMMUNITIES 

14 SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISH15 ERY RESOURCE DISASTER. 

16 Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amend17 ed— 

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

19 (2) by redesignating existing subparagraphs (A) 

20 through (C) as clauses (i) through (iii), respectively, 

21 of subparagraph (A) (as designated by the amend22 ment made by paragraph (1)); and 

23 (3) by adding at the end the following: 


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1 ‘‘(B) The Secretary shall publish the estimated cost of 

2 recovery from a fishery resource disaster no later than 30 

3 days after the Secretary makes the determination under 

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

5 SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOV6 ERNOR FOR DETERMINATION REGARDING 

7 FISHERY RESOURCE DISASTER. 

8 Section 312(a) (16 U.S.C. 1861a(a)) is amended by 

9 redesignating paragraphs (2) through (4) as paragraphs (3) 

10 through (5), and by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) The Secretary shall make a decision regarding a 

13 request from a Governor under paragraph (1) within 90 

14 days after receiving an estimate of the economic impact of 

15 the fishery resource disaster from the entity requesting the 

16 relief.’’. 

17 SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARI18 FICATION. 

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

20 amended— 

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

22 and 

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


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1 SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DI2 RECTED POLLOCK FISHERY. 

3 Section 210(e)(1) of the American Fisheries Act (title 

4 II of division C of Public Law 105–277; 16 U.S.C. 1851 

5 note) is amended to read as follows: 

6 ‘‘(1) HARVESTING.— 

7 ‘‘(A) LIMITATION.—No particular indi8 vidual, corporation, or other entity may harvest, 

9 through a fishery cooperative or otherwise, a per10 centage of the pollock available to be harvested in 

11 the directed pollock fishery that exceeds the per12 centage established for purposes of this para13 graph by the North Pacific Fishery Management 

14 Council. 

15 ‘‘(B) MAXIMUM PERCENTAGE.—The percent16 age established by the North Pacific Fishery 

17 Management Council shall not exceed 24 percent 

18 of the pollock available to be harvested in the di19 rected pollock fishery.’’. 

20 SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA. 

21 Section 313 (16 U.S.C. 1862) is amended by adding 

22 at the end the following: 

23 ‘‘(k) ARCTIC COMMUNITY DEVELOPMENT QUOTA.—If 

24 the North Pacific Fishery Management Council issues a 

25 fishery management plan for the exclusive economic zone 

26 in the Arctic Ocean, or an amendment to the Fishery ManVerDate Sep 11 2014 20:35 Jun 19, 2018 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H200.RH H200

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1 agement Plan for Fish Resources of the Arctic Management 

2 Area issued by such Council, that makes available to com3 mercial fishing, and establishes a sustainable harvest level, 

4 for any part of such zone, the Council shall set aside not 

5 less than 10 percent of the total allowable catch therein as 

6 a community development quota for coastal villages located 

7 north and east of the Bering Strait.’’. 

8 SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST 

9 ALLOCATION. 

10 (a) REALLOCATION.— 

11 (1) IN GENERAL.—Effective January 1, 2018, 

12 and thereafter annually, if the Regional Adminis13 trator receives receipt of written notice that the allo14 cation holder named in section 803 of the Consoli15 dated Appropriations Act, 2004 (Public Law 108– 

16 199, 16 U.S.C. 1851 note), will not harvest some or 

17 all of the Aleutian Islands directed pollock, the Re18 gional Administrator, as soon as practicable, shall— 

19 (A) if the allocation as designated in section 

20 803 of the Consolidated Appropriations Act, 

21 2004 does not exceed the total allowable catch for 

22 the Bering Sea subarea, reallocate the projected 

23 unused Aleutian Islands directed pollock to the 

24 Bering Sea subarea for harvest by the allocation 


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1 holder named in section 803 of the Consolidated 

2 Appropriations Act, 2004; or 

3 (B) if the allocation exceeds the total allow4 able catch for the Bering Sea subarea, reallocate 

5 a portion of the allocation, up to the total allow6 able catch for the Bering Sea Subarea. 

7 (2) The allocation shall be provided to the Aleut 

8 Corporation for the purposes of economic development 

9 in Adak, Alaska, pursuant to the requirement of the 

10 Magnuson-Stevens Fishery Conservation and Manage11 ment Act (16 U.S.C. 1801 et seq.). 

12 (b) IMPLEMENTATION.—For the purposes of this sec13 tion: 

14 (1) the allocation holder described in subsection 

15 (a) shall retain control of the allocation referenced in 

16 such subsection, including such portions of the alloca17 tion that may be reallocated pursuant to this section; 

18 and 

19 (2) the allocations in section 206(b) of the Amer20 ican Fisheries Act (16 U.S.C. 1851 note) apply to the 

21 Bering Sea portion of the directed pollock fishery and 

22 not to the allocation holder under section 803 of the 

23 Consolidated Appropriations Act, 2004. 

24 (c) CONSENT REQUIREMENT.—The Aleut Corporation 

25 will provide written consent for other vessels to take or procVerDate Sep 11 2014 20:35 Jun 19, 2018 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H200.RH H200

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1 ess the allocation, a physical copy of which must be present 

2 on the vessel. 

3 (d) REVISION OF REGULATIONS AND MANAGEMENT

4 PLANS.— 

5 (1) IN GENERAL.—The North Pacific Fishery 

6 Management Council, in consultation with the Na7 tional Marine Fisheries Service, shall modify all ap8 plicable regulations and management plans so that 

9 the allocation holder named in section 803 of the Con10 solidated Appropriations Act, 2004, may harvest the 

11 reallocated Aleutian Islands directed pollock fishery 

12 in the Bering Sea subarea as soon as practicable. 

13 (2) MANAGEMENT OF ALLOCATION.—The Na14 tional Marine Fisheries Service, in consultation with 

15 the North Pacific Fishery Management Council, shall 

16 manage the Aleutian Islands directed pollock fishery 

17 to ensure compliance with the implementing statute 

18 and with the annual harvest specifications. 

19 (3) ENFORCEMENT.—Taking or processing any 

20 part of the allocation made by section 803 of the Con21 solidated Appropriations Act, 2004, and reallocated 

22 under this section without the consent required under 

23 subsection (c) shall be considered in violation of sec24 tion 307 of the Magnuson-Stevens Fishery Conserva25 tion and Management Act (16 U.S.C. 1857) and subVerDate Sep 11 2014 20:35 Jun 19, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\H200.RH H200

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1 ject to the penalties and sanctions under section 308 

2 of such Act (16 U.S.C. 1858), and any fish harvested 

3 or processed under such taking or possessing shall be 

4 subject to forfeiture. 

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

6 FLORIDA. 

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

8 (1) by striking ‘‘It is unlawful—’’ and inserting 

9 the following: 

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

11 (2) by adding at the end the following: 

12 ‘‘(b) PROHIBITION ON SHARK FEEDING OFF COAST OF

13 FLORIDA.— 

14 ‘‘(1) IN GENERAL.—It is unlawful— 

15 ‘‘(A) for any diver to engage in shark feed16 ing in covered waters; and 

17 ‘‘(B) for any person to operate a vessel for 

18 hire for the purpose of carrying a passenger to 

19 a site if such person knew or should have known 

20 that the passenger intended, at that site, to be a 

21 diver— 

22 ‘‘(i) engaged in shark feeding in cov23 ered waters; or 

24 ‘‘(ii) engaged in observing shark feed25 ing in covered waters. 


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1 ‘‘(2) DEFINITIONS.—For purposes of this sub2 section: 

3 ‘‘(A) COVERED WATERS.—The term ‘covered 

4 waters’ means Federal waters off the coast of 

5 Florida. 

6 ‘‘(B) DIVER.—The term ‘diver’ means a 

7 person who is wholly or partially submerged in 

8 covered water and is equipped with a face mask, 

9 face mask and snorkel, or underwater breathing 

10 apparatus. 

11 ‘‘(C) SHARK FEEDING.—The term ‘shark 

12 feeding’ means— 

13 ‘‘(i) the introduction of food or any 

14 other substance into covered water for the 

15 purpose of feeding or attracting sharks; or 

16 ‘‘(ii) presenting food or any other sub17 stance to a shark for the purpose of feeding 

18 or attracting sharks. 

19 ‘‘(3) EXCEPTION.—This subsection shall not 

20 apply to shark feeding conducted— 

21 ‘‘(A) by a research institution, university, 

22 or government agency for research purposes; or 

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


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1 SEC. 408. RESTORATION OF HISTORICALLY FRESHWATER 

2 ENVIRONMENT. 

3 Section 3(10) (16 U.S.C. 1802) is amended by insert4 ing ‘‘, except that such term shall not include any area pre5 viously covered by land or a fresh water environment in 

6 a State where the average annual land loss of such State 

7 during the 20 years before the date of the enactment of the 

8 Strengthening Fishing Communities and Increasing Flexi9 bility in Fisheries Management Act exceeds 10 square 

10 miles’’ after ‘‘maturity’’. 


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Union Calendar No. 591 

115TH CONGRESS 

2D SESSION H. R. 200 

[Report No. 115–758] 

A BILL 

To amend the Magnuson-Stevens Fishery Conservaand for other purposes. for fishery managers and stability for fishermen, tion and Management Act to provide flexibility 

JUNE 19, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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