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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 200 Reported in House (RH)]

<DOC>

                                                 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]

_______________________________________________________________________

                                 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.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Fishing Communities 
and Increasing Flexibility in Fisheries Management Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. References.

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

Sec. 101. Amendments to findings.
Sec. 102. Amendments to definitions.
Sec. 103. Authorization of appropriations.

      TITLE II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION

Sec. 201. Definitions.
Sec. 202. Process for allocation review for South Atlantic and Gulf of 
                            Mexico mixed-use fisheries.
Sec. 203. Alternative fishery management measures.
Sec. 204. Modifications to the annual catch limit requirement.
Sec. 205. Limitation on future catch share programs.
Sec. 206. Study of limited access privilege programs for mixed-use 
                            fisheries.
Sec. 207. Cooperative data collection.
Sec. 208. Recreational fishing data.
Sec. 209. Miscellaneous amendments relating to fishery management 
                            councils.

          TITLE III--HEALTHY FISHERIES THROUGH BETTER SCIENCE

Sec. 301. Healthy fisheries through better science.
Sec. 302. Transparency and public process.
Sec. 303. Flexibility in rebuilding fish stocks.
Sec. 304. Exempted fishing permits.
Sec. 305. Cooperative research and management program.
Sec. 306. Gulf of Mexico fisheries cooperative research and red snapper 
                            management.
Sec. 307. Ensuring consistent management for fisheries throughout their 
                            range.

              TITLE IV-- STRENGTHENING FISHING COMMUNITIES

Sec. 401. Estimation of cost of recovery from fishery resource 
                            disaster.
Sec. 402. Deadline for action on request by Governor for determination 
                            regarding fishery resource disaster.
Sec. 403. North Pacific Fishery management clarification.
Sec. 404. Limitation on harvest in North Pacific directed pollock 
                            fishery.
Sec. 405. Arctic community development quota.
Sec. 406. Reallocation of certain unused harvest allocation.
Sec. 407. Prohibition on shark feeding off coast of Florida.
Sec. 408. Restoration of historically freshwater environment.

SEC. 3. DEFINITIONS.

    In this Act, any term used that is defined in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802) shall have the same meaning such term has under that section.

SEC. 4. REFERENCES.

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

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

SEC. 101. AMENDMENTS TO FINDINGS.

    Section 2(a) (16 U.S.C. 1801) is amended--
            (1) in paragraph (1), by inserting ``cultural well-being,'' 
        after ``economy,''; and
            (2) in paragraph (10), by inserting ``and traditional ways 
        of life'' after ``economic growth''.

SEC. 102. AMENDMENTS TO DEFINITIONS.

    (a) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
            (1) in paragraph (2), by striking ``management program'';
            (2) in paragraph (34), by striking ``The terms 
        `overfishing' and `overfished' mean'' and inserting ``The term 
        `overfishing' means''; and
            (3) by inserting after paragraph (8) the following:
            ``(8a) The term `depleted' means, with respect to a stock 
        of fish or stock complex, that the stock or stock complex has a 
        biomass that has declined below a level that jeopardizes the 
        capacity of the stock or stock complex to produce maximum 
        sustainable yield on a continuing basis.''; and
            (4) by inserting after paragraph (43) the following:
            ``(43a)(A) The term `subsistence fishing' means fishing in 
        which the fish harvested are intended for customary and 
        traditional uses, including for direct personal or family 
        consumption as food or clothing; for the making or selling of 
        handicraft articles out of nonedible byproducts taken for 
        personal or family consumption, for barter, or sharing for 
        personal or family consumption; and for customary exchange or 
        trade.
            ``(B) In this paragraph--
                    ``(i) the term `family' means all persons related 
                by blood, marriage, or adoption, or any person living 
                within the household on a permanent basis; and
                    ``(ii) the term `barter' means the exchange of a 
                fish or fish part--
                            ``(I) for another fish or fish part; or
                            ``(II) for other food or for nonedible 
                        items other than money if the exchange is of a 
                        limited and noncommercial nature.''.
    (b) Substitution of Term.--The Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended--
            (1) in the heading of section 304(e), by striking 
        ``Overfished'' and inserting ``Depleted''; and
            (2) by striking ``overfished'' each place it appears and 
        inserting ``depleted''.
    (c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C. (e)(1)) 
is amended by adding at the end the following: ``The report shall 
distinguish between fisheries that are depleted (or approaching that 
condition) as a result of fishing and fisheries that are depleted (or 
approaching that condition) as a result of factors other than fishing. 
The report shall state, for each fishery identified as depleted or 
approaching that condition, whether the fishery is the target of 
directed fishing.''.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    Section 4 (16 U.S.C. 1803) is amended--
            (1) by striking ``this Act'' and all that follows through 
        ``(7)'' and inserting ``this Act''; and
            (2) by striking ``fiscal year 2013'' and inserting ``each 
        of fiscal years 2018 through 2022''.

      TITLE II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION

SEC. 201. DEFINITIONS.

    For the purposes of implementing this title:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Limited access privilege program.--The term ``limited 
        access privilege program'' means a program that meets the 
        requirements of section 303A of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1853a).
            (3) Mixed-use fishery.--The term ``mixed-used fishery'' 
        means a Federal fishery in which two or more of the following 
        occur:
                    (A) Recreational fishing.
                    (B) Charter fishing.
                    (C) Commercial fishing.

SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF 
              MEXICO MIXED-USE FISHERIES.

    (a) Study of Allocations in Mixed-use Fisheries.--Not later than 60 
days after the date of enactment of this Act, the Secretary of Commerce 
shall seek to enter into an arrangement with the National Academy of 
Sciences to conduct a study of South Atlantic and Gulf of Mexico mixed-
use fisheries--
            (1) to provide guidance to each applicable Council on 
        criteria that could be used for allocating fishing privileges, 
        including consideration of the conservation and socioeconomic 
        benefits of the commercial, recreational, and charter 
        components of a fishery, in the preparation of a fishery 
        management plan;
            (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions;
            (3) to develop procedures for allocation reviews and 
        potential adjustments in allocations; and
            (4) that shall consider the ecological, economic and social 
        factors relevant to each component of the mixed-use fishery 
        including but not limited to: fairness and equitability of all 
        current allocations; percent utilization of available 
        allocations by each component; consumer and public access to 
        the resource; and the application of economic models for fully 
        estimating the direct and indirect value-added contributions of 
        the various commercial and recreational fishing industry market 
        sectors throughout chain of custody.
    (b) Report.--Not later than 1 year after the date an arrangement is 
entered into under subsection (a), the National Academy of Sciences 
shall submit to the appropriate committees of Congress a report on the 
study conducted under that subsection.
    (c) Process for Allocation Review and Establishment.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 5 years thereafter, an 
        applicable Council shall perform a review of the allocations to 
        the commercial fishing sector and the recreational fishing 
        sector of all applicable fisheries in its jurisdiction.
            (2) Considerations.--In conducting a review under paragraph 
        (1), an applicable Council shall consider, in each allocation 
        decision, the conservation and socioeconomic benefits of--
                    (A) the commercial fishing sector; and
                    (B) the recreational fishing sector.
    (d) Definition of Applicable Council.--In this section, the term 
``applicable Council'' means--
            (1) the South Atlantic Fishery Management Council; or
            (2) the Gulf of Mexico Fishery Management Council.

SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEASURES.

    Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) in paragraph (7)(C), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7), the following:
            ``(8) have the authority to use alternative fishery 
        management measures in a recreational fishery (or the 
        recreational component of a mixed-use fishery), including 
        extraction rates, fishing mortality targets, and harvest 
        control rules, in developing a fishery management plan, plan 
        amendment, or proposed regulations; and''.

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

    (a) Regional Fishery Management Councils.--Section 302 (16 U.S.C. 
1852) is amended by adding at the end the following:
    ``(m) Considerations for Modifications to Annual Catch Limit 
Requirements.--
            ``(1) Annual catch limit requirement for certain data-poor 
        fisheries.--Notwithstanding subsection (h)(6), in the case of a 
        stock of fish for which the total annual catch limit is 25 
        percent or more below the overfishing limit, a peer-reviewed 
        stock survey and stock assessment have not been performed 
        during the preceding 5 fishing years, and the stock is not 
        subject to overfishing, a Council may, after notifying the 
        Secretary, maintain the current annual catch limit for the 
        stock until a peer-reviewed stock survey and stock assessment 
        are conducted and the results are considered by the Council and 
        its scientific and statistical committee.
            ``(2) Consideration of ecosystem and economic impacts.--In 
        establishing annual catch limits a Council may, consistent with 
        subsection (h)(6), consider changes in an ecosystem and the 
        economic needs of the fishing communities.
            ``(3) Limitations to annual catch limit requirement for 
        special fisheries.--Notwithstanding subsection (h)(6), a 
        Council is not required to develop an annual catch limit for--
                    ``(A) an ecosystem-component species;
                    ``(B) a fishery for a species that has a life cycle 
                of approximately 1 year, unless the Secretary has 
                determined the fishery is subject to overfishing; or
                    ``(C) a stock for which--
                            ``(i) more than half of a single-year class 
                        will complete their life cycle in less than 18 
                        months; and
                            ``(ii) fishing mortality will have little 
                        impact on the stock.
            ``(4) Relationship to international fishery efforts.--
                    ``(A) In general.--Each annual catch limit, 
                consistent with subsection (h)(6)--
                            ``(i) may take into account management 
                        measures under international agreements in 
                        which the United States participates; and
                            ``(ii) in the case of an annual catch limit 
                        developed by a Council for a species, shall 
                        take into account fishing for the species 
                        outside the exclusive economic zone and the 
                        life-history characteristics of the species 
                        that are not subject to the jurisdiction of the 
                        Council.
                    ``(B) Exception to annual catch limit 
                requirement.--If fishery management activities by 
                another country with respect to fishing outside the 
                exclusive economic zone may hinder conservation efforts 
                by United States fishermen for a fish species for which 
                any of the recruitment, distribution, life history, or 
                fishing activities are transboundary, and for which 
                there is no informal transboundary agreement with that 
                country in effect, then--
                            ``(i) notwithstanding subsection (h)(6), no 
                        annual catch limit is required to be developed 
                        for the species by a Council; and
                            ``(ii) if an annual catch limit is 
                        developed by a Council for the species, the 
                        catch limit shall take into account fishing for 
                        the species outside the exclusive economic zone 
                        that is not subject to the jurisdiction of the 
                        Council.
            ``(5) Authorization for multispecies complexes and 
        multiyear annual catch limits.--For purposes of subsection 
        (h)(6), a Council may establish--
                    ``(A) an annual catch limit for a stock complex; 
                or`including'
                    ``(B) annual catch limits for each year in any 
                continuous period that is not more than three years in 
                duration.
            ``(6) Ecosystem-component species defined.--In this 
        subsection the term `ecosystem-component species' means a stock 
        of fish that is a nontarget, incidentally harvested stock of 
        fish in a fishery, or a nontarget, incidentally harvested stock 
        of fish that a Council or the Secretary has determined--
                    ``(A) is not subject to overfishing, approaching a 
                depleted condition or depleted; and
                    ``(B) is not likely to become subject to 
                overfishing or depleted in the absence of conservation 
                and management measures.
            ``(7) Rule of construction.--Nothing in this subsection 
        shall be construed as providing an exemption from the 
        requirements of section 301(a) of this Act.''.
    (b) Action by the Secretary.--Section 304 (16 U.S.C. 1854) is 
amended--
            (1) by striking ``(i) International Overfishing.--'' and 
        inserting ``(j) International Overfishing.--'';
            (2) in subsection (j)(1), as redesignated, by inserting 
        ``shall'' before ``immediately''; and
            (3) by adding at the end the following:
    ``(k) Stock Surveys and Assessments.--Not later than 2 years after 
the date that the Secretary receives notice from a Council under 
section 302(m), the Secretary shall complete a peer-reviewed stock 
survey and stock assessment of the applicable stock of fish and 
transmit the results of the survey and assessment to the Council.''.

SEC. 205. LIMITATION ON FUTURE CATCH SHARE PROGRAMS.

    (a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is amended by 
inserting after paragraph (2) the following:
            ``(2a) The term `catch share' means any fishery management 
        program that allocates a specific percentage of the total 
        allowable catch for a fishery, or a specific fishing area, to 
        an individual, cooperative, community, processor, 
        representative of a commercial sector, or regional fishery 
        association established in accordance with section 303A(c)(4), 
        or other entity.''.
    (b) Catch Share Referendum Pilot Program.--
            (1) In general.--Section 303A(c)(6)(D) (16 U.S.C. 
        1853a(c)(6)(D)) is amended to read as follows:
                    ``(D) Catch share referendum pilot program.--
                            ``(i) The New England, Mid-Atlantic, South 
                        Atlantic, and Gulf of Mexico Councils may not 
                        submit a fishery management plan or amendment 
                        that creates a catch share program for a 
                        fishery, and the Secretary may not approve or 
                        implement such a plan or amendment submitted by 
                        such a Council or a Secretarial plan or 
                        amendment under section 304(c) that creates 
                        such a program, unless the final program has 
                        been approved, in a referendum in accordance 
                        with this subparagraph, by a majority of the 
                        permit holders eligible to participate in the 
                        fishery. For multispecies permits in the Gulf 
                        of Mexico, any permit holder with landings from 
                        within the sector of the fishery being 
                        considered for the catch share program within 
                        the 5-year period preceding the date of the 
                        referendum and still active in fishing in the 
                        fishery shall be eligible to participate in 
                        such a referendum. If a catch share program is 
                        not approved by the requisite number of permit 
                        holders, it may be revised and submitted for 
                        approval in a subsequent referendum.
                            ``(ii) The Secretary may, at the request of 
                        the New England Fishery Management Council, 
                        allow participation in such a referendum for a 
                        fishery under the Council's authority, by 
                        fishing vessel crewmembers who derive a 
                        significant portion of their livelihood from 
                        such fishing.
                            ``(iii) The Secretary shall conduct a 
                        referendum under this subparagraph, including 
                        notifying all permit holders eligible to 
                        participate in the referendum and making 
                        available to them--
                                    ``(I) a copy of the proposed 
                                program;
                                    ``(II) an estimate of the costs of 
                                the program, including costs to 
                                participants;
                                    ``(III) an estimate of the amount 
                                of fish or percentage of quota each 
                                permit holder would be allocated; and
                                    ``(IV) information concerning the 
                                schedule, procedures, and eligibility 
                                requirements for the referendum 
                                process.
                            ``(iv) For the purposes of this 
                        subparagraph, the term `permit holder eligible 
                        to participate' only includes the holder of a 
                        permit for a fishery under which fishing has 
                        occurred in 3 of the 5 years preceding a 
                        referendum for the fishery, unless sickness, 
                        injury, or other unavoidable hardship prevented 
                        the permit holder from engaging in such 
                        fishing.
                            ``(v) The Secretary may not implement any 
                        catch share program for any fishery managed 
                        exclusively by the Secretary unless first 
                        petitioned by a majority of those permit 
                        holders eligible to participate in the 
                        fishery.''.
            (2) Limitation on application.--The amendment made by 
        paragraph (1) shall not apply to a catch share program that is 
        submitted to, or proposed by, the Secretary of Commerce before 
        the date of enactment of this Act.
            (3) Regulations.--Before conducting a referendum under the 
        amendment made by paragraph (1), the Secretary of Commerce 
        shall issue regulations implementing such amendment after 
        providing an opportunity for submission by the public of 
        comments on the regulations.

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

    (a) Study on Limited Access Privilege Programs.--Not later than 1 
year after the date of enactment of this Act, the Secretary of Commerce 
shall seek to enter into an arrangement under which the Ocean Studies 
Board of the National Academies of Sciences, Engineering, and Medicine 
shall--
            (1) study the use of limited access privilege programs in 
        mixed-use fisheries, including--
                    (A) identifying any inequities caused by a limited 
                access privilege program;
                    (B) recommending policies to address the inequities 
                identified in subparagraph (A); and
                    (C) identifying and recommending the different 
                factors and information a mixed-use fishery should 
                consider when designing, establishing, or maintaining a 
                limited access privilege program to mitigate any 
                inequities identified in subparagraph (A); and
            (2) submit to the appropriate committees of Congress a 
        report on the study under paragraph (1), including the 
        recommendations under subparagraphs (B) and (C) of paragraph 
        (1).
    (b) Temporary Moratorium.--
            (1) In general.--Except as provided in paragraph (2), there 
        shall be a moratorium on the submission and approval of a 
        limited access privilege program for a mixed-used fishery until 
        the date that the report is submitted under subsection 
        (a)(1)(B).
            (2) Exception.--Subject to paragraph (3), a Council may 
        submit, and the Secretary of Commerce may approve, for a mixed- 
        use fishery that is managed under a limited access system, a 
        limited access privilege program if such program was part of a 
        pending fishery management plan or plan amendment before the 
        date of enactment of this Act.
            (3) Mandatory review.--A Council that approves a limited 
        access privilege program under paragraph (2) shall, upon 
        issuance of the report required under subparagraph (a), review 
        and, to the extent practicable, revise the limited access 
        privilege program to be consistent with the recommendations of 
        the report or any subsequent statutory or regulatory 
        requirements designed to implement the recommendations of the 
        report.
            (4) Rule of construction.--Nothing in this section may be 
        construed to affect a limited access privilege program approved 
        by the Secretary of Commerce before the date of enactment of 
        this Act.

SEC. 207. COOPERATIVE DATA COLLECTION.

    (a) Improving Data Collection and Analysis.--Section 404 (16 U.S.C. 
1881c) is amended by adding at the end the following:
    ``(e) Improving Data Collection and Analysis.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop, in 
        consultation with the science and statistical committees of the 
        Councils established under section 302(g) and the Marine 
        Fisheries Commissions, and submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Natural Resources of the House of Representatives a report on 
        facilitating greater incorporation of data, analysis, stock 
        assessments, and surveys from State agencies and 
        nongovernmental sources described in paragraph (2) into 
        fisheries management decisions.
            ``(2) Nongovernmental sources.--Nongovernmental sources 
        referred to in paragraph (1) include the following:
                    ``(A) Fishermen.
                    ``(B) Fishing communities.
                    ``(C) Universities.
                    ``(D) Research and philanthropic institutions.
            ``(3) Content.--In developing the report under paragraph 
        (1), the Secretary shall--
                    ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, that can be 
                reliably used for purposes of this Act as the basis for 
                establishing conservation and management measures as 
                required by section 303(a)(1), including setting 
                standards for the collection and use of that data and 
                analysis in stock assessments and surveys and for other 
                purposes as determined by the Secretary;
                    ``(B) provide specific recommendations for 
                collecting data and performing analyses identified as 
                necessary to reduce uncertainty in and improve the 
                accuracy of future stock assessments, including whether 
                such data and analysis could be provided by 
                nongovernmental sources, including fishermen, fishing 
                communities, universities, and research institutions;
                    ``(C) consider the extent to which it is possible 
                to establish a registry of persons collecting or 
                submitting the data and performing the analyses 
                identified under subparagraphs (A) and (B); and
                    ``(D) consider the extent to which the acceptance 
                and use of data and analyses identified in the report 
                in fishery management decisions is practicable.''.
    (b) Deadline.--The Secretary of Commerce shall develop and publish 
guidelines under the amendment made by paragraph (a) by not later than 
1 year after the date of enactment of this Act.
    (c) NAS Report Recommendations.--The Secretary of Commerce shall 
take into consideration and, to the extent feasible, implement the 
recommendations of the National Academy of Sciences in the report 
entitled ``Review of the Marine Recreational Information Program 
(2017)'', including--
            (1) prioritizing the evaluation of electronic data 
        collection, including smartphone applications, electronic 
        diaries for prospective data collection, and an Internet 
        website option for panel members or for the public;
            (2) evaluating whether the design of the Marine 
        Recreational Information Program for the purposes of stock 
        assessment and the determination of stock management reference 
        points is compatible with the needs of in-season management of 
        annual catch limits; and
            (3) if the Marine Recreational Information Program is 
        incompatible with the needs of in-season management of annual 
        catch limits, determining an alternative method for in-season 
        management.

SEC. 208. RECREATIONAL FISHING DATA.

    Section 401(g) (16 U.S.C. 1881(g)) is amended by redesignating 
paragraph (4) as paragraph (5), and by inserting after paragraph (3) 
the following:
            ``(4) Federal-state partnerships.--
                    ``(A) Establishment.--The Secretary shall establish 
                partnerships with States to develop best practices for 
                implementation of State programs established pursuant 
                to paragraph (2).
                    ``(B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that details 
                best practices for administering State programs 
                pursuant to paragraph (2), and provide such guidance to 
                the State.''.

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

    (a) Council Jurisdiction for Overlapping Fisheries.--Section 
302(a)(1) (16 U.S.C. 1852(a)) is amended--
            (1) in subparagraph (A), in the second sentence--
                    (A) by striking ``18'' and inserting ``19''; and
                    (B) by inserting before the period at the end ``and 
                a liaison who is a member of the Mid-Atlantic Fishery 
                Management Council to represent the interests of 
                fisheries under the jurisdiction of such Council''; and
            (2) in subparagraph (B), in the second sentence--
                    (A) by striking ``21'' and inserting ``22''; and
                    (B) by inserting before the period at the end ``and 
                a liaison who is a member of the New England Fishery 
                Management Council to represent the interests of 
                fisheries under the jurisdiction of such Council''.
    (b) Council Seat.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is 
amended--
            (1) in subparagraph (A), by striking ``or recreational'' 
        and inserting ``, recreational, or subsistence fishing''; and
            (2) in subparagraph (C), in the second sentence, by 
        inserting ``, and in the case of the Governor of Alaska with 
        the subsistence fishing interests of the State,'' after 
        ``interests of the State''.
    (c) Purpose.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by 
striking ``and recreational'' and inserting ``, recreational, and 
subsistence''.
    (d) Prohibition on Considering Red Snapper Killed During Removal of 
Oil Rigs.--Any red snapper that are killed during the removal of any 
offshore oil rig in the Gulf of Mexico shall not be considered in 
determining under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) whether the total allowable 
catch for red snapper has been reached.
    (e) Prohibition on Considering Fish Seized From Foreign Fishing.--
Any fish that are seized from a foreign vessel engaged in illegal 
fishing activities in the exclusive economic zone shall not be 
considered in determining under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) the total 
allowable catch for that fishery.

          TITLE III--HEALTHY FISHERIES THROUGH BETTER SCIENCE

SEC. 301. HEALTHY FISHERIES THROUGH BETTER SCIENCE.

    (a) Definition of Stock Assessment.--Section 3 (16 U.S.C. 1802), as 
amended by section 102(a) of this Act, is further amended by 
redesignating the paragraphs after paragraph (42) in order as 
paragraphs (44) through (53), and by inserting after paragraph (42) the 
following:
            ``(43) The term `stock assessment' means an evaluation of 
        the past, present, and future status of a stock of fish, that 
        includes--
                    ``(A) a range of life history characteristics for 
                such stock, including--
                            ``(i) the geographical boundaries of such 
                        stock; and
                            ``(ii) information on age, growth, natural 
                        mortality, sexual maturity and reproduction, 
                        feeding habits, and habitat preferences of such 
                        stock; and
                    ``(B) fishing for the stock.''.
    (b) Stock Assessment Plan.--
            (1) In general.--Section 404 (16 U.S.C. 1881c), as amended 
        by section 207(a) of this Act, is further amended by adding at 
        the end the following:
    ``(f) Stock Assessment Plan.--
            ``(1) In general.--The Secretary shall develop and publish 
        in the Federal Register, on the same schedule as required for 
        the strategic plan required under subsection (b) of this 
        section, a plan to conduct stock assessments for all stocks of 
        fish for which a fishery management plan is in effect under 
        this Act.
            ``(2) Contents.--The plan shall--
                    ``(A) for each stock of fish for which a stock 
                assessment has previously been conducted--
                            ``(i) establish a schedule for updating the 
                        stock assessment that is reasonable given the 
                        biology and characteristics of the stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of a new 
                        stock assessment, or an update of the most 
                        recent stock assessment--
                                    ``(I) every 5 years; or
                                    ``(II) within such other time 
                                period specified and justified by the 
                                Secretary in the plan;
                    ``(B) for each stock of fish for which a stock 
                assessment has not previously been conducted--
                            ``(i) establish a schedule for conducting 
                        an initial stock assessment that is reasonable 
                        given the biology and characteristics of the 
                        stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of the 
                        initial stock assessment within 3 years after 
                        the plan is published in the Federal Register 
                        unless another time period is specified and 
                        justified by the Secretary in the plan; and
                    ``(C) identify data and analysis, especially 
                concerning recreational fishing, that, if available, 
                would reduce uncertainty in and improve the accuracy of 
                future stock assessments, including whether such data 
                and analysis could be provided by fishermen, fishing 
                communities, universities, and research institutions, 
                to the extent that use of such data would be consistent 
                with the requirements in section 301(a)(2) to base 
                conservation and management measures on the best 
                scientific information available.
            ``(3) Waiver of stock assessment requirement.--
        Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock 
        assessment is not required for a stock of fish in the plan if 
        the Secretary determines that such a stock assessment is not 
        necessary and justifies such determination in the Federal 
        Register notice required by this subsection.''.
            (2) Deadline.--Notwithstanding section 404(f)(1) of the 
        Magnuson-Stevens Fishery Conservation and Management Act, as 
        amended by this section, the Secretary of Commerce shall issue 
        the first stock assessment plan under such section by not later 
        than 2 years after the date of enactment of this Act.

SEC. 302. TRANSPARENCY AND PUBLIC PROCESS.

    (a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is 
amended by adding at the end the following: ``Each scientific and 
statistical committee shall develop such advice in a transparent manner 
and allow for public involvement in the process.''.
    (b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended 
by adding at the end the following:
                    ``(G) Each Council shall make available on the 
                Internet Web site of the Council--
                            ``(i) to the extent practicable, a Webcast, 
                        an audio recording, or a live broadcast of each 
                        meeting of the Council, and of the Council 
                        Coordination Committee established under 
                        subsection (l), that is not closed in 
                        accordance with paragraph (3); and
                            ``(ii) audio, video (if the meeting was in 
                        person or by video conference), or a searchable 
                        audio or written transcript of each meeting of 
                        the Council and of the meetings of committees 
                        referred to in section (g)(1)(B) of the Council 
                        by not later than 30 days after the conclusion 
                        of the meeting.
                    ``(H) The Secretary shall maintain and make 
                available to the public an archive of Council and 
                scientific and statistical committee meeting audios, 
                videos, and transcripts made available under clauses 
                (i) and (ii) of subparagraph (G).''.
    (c) Fishery Impact Statements.--
            (1) Requirement.--Section 303 (16 U.S.C. 1853) is amended--
                    (A) in subsection (a), by striking paragraph (9) 
                and redesignating paragraphs (10) through (15) as 
                paragraphs (9) through (14), respectively; and
                    (B) by adding at the end the following:
    ``(d) Fishery Impact Statement.--
            ``(1) Any fishery management plan (or fishery management 
        plan amendment) prepared by any Council or by the Secretary 
        pursuant to subsection (a) or (b), or proposed regulations 
        deemed necessary pursuant to subsection (c), shall include a 
        fishery impact statement which shall assess, specify and 
        analyze the likely effects and impact of the proposed action on 
        the quality of the human environment.
            ``(2) The fishery impact statement shall describe--
                    ``(A) a purpose of the proposed action;
                    ``(B) the environmental impact of the proposed 
                action;
                    ``(C) any adverse environmental effects which 
                cannot be avoided should the proposed action be 
                implemented;
                    ``(D) a reasonable range of alternatives to the 
                proposed action;
                    ``(E) the relationship between short-term use of 
                fishery resources and the enhancement of long-term 
                productivity;
                    ``(F) the cumulative conservation and management 
                effects; and
                    ``(G) economic, and social impacts of the proposed 
                action on--
                            ``(i) participants in the fisheries and 
                        fishing communities affected by the proposed 
                        action;
                            ``(ii) participants in the fisheries 
                        conducted in adjacent areas under the authority 
                        of another Council, after consultation with 
                        such Council and representatives of those 
                        participants; and
                            ``(iii) the safety of human life at sea, 
                        including whether and to what extent such 
                        measures may affect the safety of participants 
                        in the fishery.
            ``(3) A substantially complete fishery impact statement, 
        which may be in draft form, shall be available not less than 14 
        days before the beginning of the meeting at which a Council 
        makes its final decision on the proposal (for plans, plan 
        amendments, or proposed regulations prepared by a Council 
        pursuant to subsection (a) or (c)). Availability of this 
        fishery impact statement will be announced by the methods used 
        by the Council to disseminate public information and the public 
        and relevant government agencies will be invited to comment on 
        the fishery impact statement.
            ``(4) The completed fishery impact statement shall 
        accompany the transmittal of a fishery management plan or plan 
        amendment as specified in section 304(a), as well as the 
        transmittal of proposed regulations as specified in section 
        (b).
            ``(5) The Councils shall, subject to approval by the 
        Secretary, establish criteria to determine actions or classes 
        of action of minor significance regarding subparagraphs (A), 
        (B), (D), (E), and (F) of paragraph (2), for which preparation 
        of a fishery impact statement is unnecessary and categorically 
        excluded from the requirements of this section, and the 
        documentation required to establish the exclusion.
            ``(6) The Councils shall, subject to approval by the 
        Secretary, prepare procedures for compliance with this section 
        that provide for timely, clear, and concise analysis that is 
        useful to decisionmakers and the public, reduce extraneous 
        paperwork and effectively involve the public, including--
                    ``(A) using Council meetings to determine the scope 
                of issues to be addressed and identifying significant 
                issues related to the proposed action;
                    ``(B) integration of the fishery impact statement 
                development process with preliminary and final Council 
                decision making in a manner that provides opportunity 
                for comment from the public and relevant government 
                agencies prior to these decision points; and
                    ``(C) providing scientific, technical, and legal 
                advice at an early stage of the development of the 
                fishery impact statement to ensure timely transmittal 
                and Secretarial review of the proposed fishery 
                management plan, plan amendment, or regulations to the 
                Secretary.''.
            (2) Evaluation of adequacy.--Section 304(a)(2) (16 U.S.C. 
        1854(a)(2)) is amended by striking ``and'' after the semicolon 
        at the end of subparagraph (B), striking the period at the end 
        of subparagraph (C) and inserting ``; and'', and by adding at 
        the end the following:
                    ``(D) evaluate the adequacy of the accompanying 
                fishery impact statement as basis for fully considering 
                the environmental impacts of implementing the fishery 
                management plan or plan amendment.''.
            (3) Review of regulations.--Section 304(b) (16 U.S.C. 
        1854(b)) is amended by striking so much as precedes 
        subparagraph (A) of paragraph (1) and inserting the following:
    ``(b) Review of Regulations.--
            ``(1) Upon transmittal by the Council to the Secretary of 
        proposed regulations prepared under section 303(c), the 
        Secretary shall immediately initiate an evaluation of the 
        proposed regulations to determine whether they are consistent 
        with the fishery management plan, plan amendment, this Act and 
        other applicable law. The Secretary shall also immediately 
        initiate an evaluation of the accompanying fishery impact 
        statement as a basis for fully considering the environmental 
        impacts of implementing the proposed regulations. Within 15 
        days of initiating such evaluation the Secretary shall make a 
        determination and--''.
            (4) Effect on time requirements.--Section 305(e) (16 U.S.C. 
        1855(e)) is amended by inserting ``the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the 
        Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.

SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS.

    (a) General Requirements.--Section 304(e) (16 U.S.C. 1854(e)) is 
amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A)(i), by striking 
                ``possible'' and inserting ``practicable'';
                    (B) by amending subparagraph (A)(ii) to read as 
                follows:
                            ``(ii) may not exceed the time the stock 
                        would be rebuilt without fishing occurring plus 
                        one mean generation, except in a case in 
                        which--
                                    ``(I) the biology of the stock of 
                                fish, other environmental conditions, 
                                or management measures under an 
                                international agreement in which the 
                                United States participates dictate 
                                otherwise;
                                    ``(II) the Secretary determines 
                                that the cause of the stock being 
                                depleted is outside the jurisdiction of 
                                the Council or the rebuilding program 
                                cannot be effective only by limiting 
                                fishing activities;
                                    ``(III) the Secretary determines 
                                that one or more components of a mixed- 
                                stock fishery is depleted but cannot be 
                                rebuilt within that time- frame without 
                                significant economic harm to the 
                                fishery, or cannot be rebuilt without 
                                causing another component of the mixed- 
                                stock fishery to approach a depleted 
                                status;
                                    ``(IV) the Secretary determines 
                                that recruitment, distribution, or life 
                                history of, or fishing activities for, 
                                the stock are affected by informal 
                                transboundary agreements under which 
                                management activities outside the 
                                exclusive economic zone by another 
                                country may hinder conservation and 
                                management efforts by United States 
                                fishermen; and
                                    ``(V) the Secretary determines that 
                                the stock has been affected by unusual 
                                events that make rebuilding within the 
                                specified time period improbable 
                                without significant economic harm to 
                                fishing communities;'';
                    (C) by striking ``and'' after the semicolon at the 
                end of subparagraph (B), by redesignating subparagraphs 
                (B) and (C) as subparagraphs (C) and (D), and by 
                inserting after subparagraph (A) the following:
                    ``(B) take into account environmental condition 
                including predator/prey relationships;''; and
                    (D) by striking the period at the end of 
                subparagraph (D) (as so redesignated) and inserting ``; 
                and'', and by adding at the end the following:
                    ``(E) specify a schedule for reviewing the 
                rebuilding targets, evaluating environmental impacts on 
                rebuilding progress, and evaluating progress being made 
                toward reaching rebuilding targets.''; and
            (2) by adding at the end the following:
            ``(8) A fishery management plan, plan amendment, or 
        proposed regulations may use alternative rebuilding strategies, 
        including harvest control rules and fishing mortality-rate 
        targets to the extent they are in compliance with the 
        requirements of this Act.
            ``(9) A Council may terminate the application of paragraph 
        (3) to a fishery if the Council's scientific and statistical 
        committee determines and the Secretary concurs that the 
        original determination that the fishery was depleted was 
        erroneous, either--
                    ``(A) within the 2-year period beginning on the 
                effective date a fishery management plan, plan 
                amendment, or proposed regulation for a fishery under 
                this subsection takes effect; or
                    ``(B) within 90 days after the completion of the 
                next stock assessment after such determination.''.
    (b) Emergency Regulations and Interim Measures.--Section 
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 
days after'' and all that follows through ``provided'' and inserting 
``1 year after the date of publication, and may be extended by 
publication in the Federal Register for one additional period of not 
more than 1 year, if''.

SEC. 304. EXEMPTED FISHING PERMITS.

    (a) In General.--Before the approval and issuance of an exempted 
fishing permit under section 600.745 of title 50, Code of Federal 
Regulations, or any successor regulation, the Secretary of Commerce 
shall--
            (1) direct a joint peer review of the application for the 
        exempted fishing permit by the appropriate regional fisheries 
        science center and State marine fisheries commission; and
            (2) certify that the Council or Federal agency with 
        jurisdiction over the affected fishery has determined that--
                    (A) the fishing activity to be conducted under the 
                proposed exempted fishing permit would not negatively 
                impact any management measures or conservation 
                objectives included within existing fishery management 
                plans or plan amendments;
                    (B) the social and economic impacts in both dollar 
                amounts and loss of fishing opportunities on all 
                participants in each sector of the fishery expected to 
                occur as a result of the proposed exempted fishing 
                permit would be minimal;
                    (C) the information that would be collected through 
                the fishing activity to be conducted under the proposed 
                exempted fishing permit will have a positive and direct 
                impact on the conservation, assessment, or management 
                of the fishery; and
                    (D) the Governor of each coastal State potentially 
                impacted by the proposed exempted fishing permit, as 
                determined by the Secretary, has been consulted on the 
                fishing activity to be conducted.
    (b) Clarification.--The Secretary may not issue an exempted fishing 
permit under section 600.745 of title 50, Code of Federal Regulations, 
or any successor regulation that--
            (1) establishes a limited access system as defined in 
        section 3 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1802);
            (2) is consistent with section 303A of such Act (16 U.S.C. 
        1853a); or
            (3) establishes a catch share program as defined in section 
        206(a) of this Act.
    (c) Savings Provision.--Except for subsection (b)(2), nothing in 
this section may be construed to affect an exempted fishing permit 
approved under section 600.745 of title 50, Code of Federal 
Regulations, before the date of enactment of this Act.

SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

    Section 318 (16 U.S.C. 1867) is amended--
            (1) in subsection (a), by inserting ``(1)'' before the 
        first sentence, and by adding at the end the following:
            ``(2) Within one year after the date of enactment of the 
        Strengthening Fishing Communities and Increasing Flexibility in 
        Fisheries Management Act, and after consultation with the 
        Councils, the Secretary shall publish a plan for implementing 
        and conducting the program established in paragraph (1). Such 
        plan shall identify and describe critical regional fishery 
        management and research needs, possible projects that may 
        address those needs, and estimated costs for such projects. The 
        plan shall be revised and updated every 5 years, and updated 
        plans shall include a brief description of projects that were 
        funded in the prior 5-year period and the research and 
        management needs that were addressed by those projects.''; and
            (2) in subsection (c)--
                    (A) in the heading, by striking ``Funding'' and 
                inserting ``Priorities''; and
                    (B) in paragraph (1), by striking ``including'' and 
                all that follows and inserting the following: 
                ``including--
                    ``(A) the use of fishing vessels or acoustic or 
                other marine technology;
                    ``(B) expanding the use of electronic catch 
                reporting programs and technology; and
                    ``(C) improving monitoring and observer coverage 
                through the expanded use of electronic monitoring 
                devices.''.

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

    (a) Federal Gulf of Mexico Red Snapper Management.--Section 407 (16 
U.S.C. 1883) is amended by striking all after the section heading and 
inserting the following:
    ``(a) Certification of State Surveys.--
            ``(1) Inclusion of certified state surveys.--In 
        establishing the acceptable biological catch and total 
        allowable catch for red snapper in the Gulf of Mexico, the 
        Secretary shall include--
                    ``(A) Gulf State recreational fisheries surveys 
                that are certified under subsection (b); and
                    ``(B) data related to red snapper in the Gulf of 
                Mexico collected by the Gulf States Marine Fisheries 
                Commission, nongovernmental organizations, and other 
                nongovernmental sources, including universities and 
                research institutions.
    ``(b) State Surveys.--
            ``(1) Submission.--A Gulf State that conducts a 
        recreational fisheries survey in the Gulf of Mexico to make 
        catch estimates for red snapper landed in such State may submit 
        such survey to the Secretary for certification.
            ``(2) Certification.--
                    ``(A) In general.--The Secretary shall make a 
                certification or a denial of certification for any 
                survey submitted under paragraph (1) not later than the 
                end of the 6-month period beginning on the date the 
                survey is submitted.
                    ``(B) Deemed certified.--A recreational fisheries 
                survey is deemed to be certified effective upon the 
                expiration of such period if the Secretary has not made 
                a certification or denial of certification.
            ``(3) Modification of surveys denied certification.--
                    ``(A) In general.--If a survey of a Gulf State is 
                denied certification under paragraph (2), the Secretary 
                shall, not later than 60 days after the date of the 
                denial, provide the Gulf State a proposal for 
                modifications to the survey.
                    ``(B) Proposal.--A proposal provided to a Gulf 
                State for a survey under subparagraph (A)--
                            ``(i) shall be specific to the survey 
                        submitted by such Gulf State and may not be 
                        construed to apply to any other Gulf State;
                            ``(ii) shall require revision to the fewest 
                        possible provisions of the survey; and
                            ``(iii) may not unduly burden the ability 
                        of such Gulf State to revise the survey.
                    ``(C) Modified survey.--
                            ``(i) Authority to submit.--If a survey of 
                        a Gulf State was denied certification under 
                        paragraph (2), the Gulf State may modify the 
                        survey and submit the modified survey to the 
                        Secretary for certification or denial of 
                        certification.
                            ``(ii) Schedule.--The Secretary shall make 
                        a certification or denial of certification for 
                        any modified survey not later than the end of 
                        the 30-day period beginning on the date the 
                        modified survey is submitted.
                            ``(iii) Deemed certified.--A modified 
                        survey is deemed to be certified effective upon 
                        the expiration of the period described in 
                        clause (ii) if the Secretary has not made a 
                        certification or denial of certification.
    ``(c) Definitions.--In this section:
            ``(1) Gulf state.--The term `Gulf State' means each of the 
        States of Texas, Louisiana, Mississippi, Alabama, or Florida.
            ``(2) Red snapper.--The term `red snapper' means the 
        species Lutjanus campechanus.''.
    (b) Stock Surveys and Stock Assessments.--The Secretary of 
Commerce, acting through the National Marine Fisheries Service Regional 
Administrator of the Southeast Regional Office, shall for purposes of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.)--
            (1) develop a schedule of stock surveys and stock 
        assessments for the Gulf of Mexico Region and the South 
        Atlantic Region for the 5-year period beginning on the date of 
        the enactment of this Act and for every 5-year period 
        thereafter;
            (2) direct the Southeast Science Center Director to 
        implement such schedule; and
            (3) in such development and implementation--
                    (A) give priority to those stocks that are 
                commercially or recreationally important; and
                    (B) ensure that each such important stock is 
                surveyed at least every 5 years.
    (c) Use of Fisheries Information in Stock Assessments.--The 
Southeast Science Center Director shall ensure that fisheries 
information made available through fisheries programs funded under 
Public Law 112-141 is incorporated as soon as possible into any 
fisheries stock asessments conducted after the date of the enactment of 
this Act.
    (d) State Fisheries Management in the Gulf of Mexico With Respect 
to Red Snapper.--Section 306(b) (16 U.S.C. 1856(b)) is amended by 
adding at the end the following:
            ``(4) Notwithstanding section 3(11), for the purposes of 
        managing the recreational sector of the Gulf of Mexico red 
        snapper fishery, the seaward boundary of a coastal State in the 
        Gulf of Mexico is a line 9 miles seaward from the baseline from 
        which the territorial sea of the United States is measured.''.

SEC. 307. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES THROUGHOUT THEIR 
              RANGE.

    (a) In General.--The Act is amended by inserting after section 4 
the following:

``SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER CERTAIN OTHER 
              FEDERAL LAWS.

    ``(a) National Marine Sanctuaries Act and Antiquities Act of.--In 
any case of a conflict between this Act and the National Marine 
Sanctuaries Act (16 U.S.C. 1431 et seq.) or the Antiquities Act of 1906 
(54 U.S.C. 320301 et seq.), this Act shall control.
    ``(b) Fisheries Restrictions Under Endangered Species Act of.--To 
ensure transparency and consistent management of fisheries throughout 
their range, any restriction on the management of fish in the exclusive 
economic zone that is necessary to implement a recovery plan under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be 
implemented--
            ``(1) using authority under this Act; and
            ``(2) in accordance with processes and time schedules 
        required under this Act.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by inserting after the item relating to section 3 the 
following:

``Sec. 4. Authorization of appropriations.
``Sec. 5. Ensuring consistent fisheries management under certain other 
                            Federal laws.''.

              TITLE IV-- STRENGTHENING FISHING COMMUNITIES

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

    Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amended--
            (1) by inserting ``(A)'' after ``(1)'';
            (2) by redesignating existing subparagraphs (A) through (C) 
        as clauses (i) through (iii), respectively, of subparagraph (A) 
        (as designated by the amendment made by paragraph (1)); and
            (3) by adding at the end the following:
    ``(B) The Secretary shall publish the estimated cost of recovery 
from a fishery resource disaster no later than 30 days after the 
Secretary makes the determination under subparagraph (A) with respect 
to such disaster.''.

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

    Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating 
paragraphs (2) through (4) as paragraphs (3) through (5), and by 
inserting after paragraph (1) the following:
    ``(2) The Secretary shall make a decision regarding a request from 
a Governor under paragraph (1) within 90 days after receiving an 
estimate of the economic impact of the fishery resource disaster from 
the entity requesting the relief.''.

SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION.

    Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended--
            (1) by striking ``was no'' and inserting ``is no''; and
            (2) by striking ``on August 1, 1996''.

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

    Section 210(e)(1) of the American Fisheries Act (title II of 
division C of Public Law 105-277; 16 U.S.C. 1851 note) is amended to 
read as follows:
            ``(1) Harvesting.--
                    ``(A) Limitation.--No particular individual, 
                corporation, or other entity may harvest, through a 
                fishery cooperative or otherwise, a percentage of the 
                pollock available to be harvested in the directed 
                pollock fishery that exceeds the percentage established 
                for purposes of this paragraph by the North Pacific 
                Fishery Management Council.
                    ``(B) Maximum percentage.--The percentage 
                established by the North Pacific Fishery Management 
                Council shall not exceed 24 percent of the pollock 
                available to be harvested in the directed pollock 
                fishery.''.

SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA.

    Section 313 (16 U.S.C. 1862) is amended by adding at the end the 
following:
    ``(k) Arctic Community Development Quota.--If the North Pacific 
Fishery Management Council issues a fishery management plan for the 
exclusive economic zone in the Arctic Ocean, or an amendment to the 
Fishery Management Plan for Fish Resources of the Arctic Management 
Area issued by such Council, that makes available to commercial 
fishing, and establishes a sustainable harvest level, for any part of 
such zone, the Council shall set aside not less than 10 percent of the 
total allowable catch therein as a community development quota for 
coastal villages located north and east of the Bering Strait.''.

SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST ALLOCATION.

    (a) Reallocation.--
            (1) In general.--Effective January 1, 2018, and thereafter 
        annually, if the Regional Administrator receives receipt of 
        written notice that the allocation holder named in section 803 
        of the Consolidated Appropriations Act, 2004 (Public Law 108-
        199, 16 U.S.C. 1851 note), will not harvest some or all of the 
        Aleutian Islands directed pollock, the Regional Administrator, 
        as soon as practicable, shall--
                    (A) if the allocation as designated in section 803 
                of the Consolidated Appropriations Act, 2004 does not 
                exceed the total allowable catch for the Bering Sea 
                subarea, reallocate the projected unused Aleutian 
                Islands directed pollock to the Bering Sea subarea for 
                harvest by the allocation holder named in section 803 
                of the Consolidated Appropriations Act, 2004; or
                    (B) if the allocation exceeds the total allowable 
                catch for the Bering Sea subarea, reallocate a portion 
                of the allocation, up to the total allowable catch for 
                the Bering Sea Subarea.
            (2) The allocation shall be provided to the Aleut 
        Corporation for the purposes of economic development in Adak, 
        Alaska, pursuant to the requirement of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).
    (b) Implementation.--For the purposes of this section:
            (1) the allocation holder described in subsection (a) shall 
        retain control of the allocation referenced in such subsection, 
        including such portions of the allocation that may be 
        reallocated pursuant to this section; and
            (2) the allocations in section 206(b) of the American 
        Fisheries Act (16 U.S.C. 1851 note) apply to the Bering Sea 
        portion of the directed pollock fishery and not to the 
        allocation holder under section 803 of the Consolidated 
        Appropriations Act, 2004.
    (c) Consent Requirement.--The Aleut Corporation will provide 
written consent for other vessels to take or process the allocation, a 
physical copy of which must be present on the vessel.
    (d) Revision of Regulations and Management Plans.--
            (1) In general.--The North Pacific Fishery Management 
        Council, in consultation with the National Marine Fisheries 
        Service, shall modify all applicable regulations and management 
        plans so that the allocation holder named in section 803 of the 
        Consolidated Appropriations Act, 2004, may harvest the 
        reallocated Aleutian Islands directed pollock fishery in the 
        Bering Sea subarea as soon as practicable.
            (2) Management of allocation.--The National Marine 
        Fisheries Service, in consultation with the North Pacific 
        Fishery Management Council, shall manage the Aleutian Islands 
        directed pollock fishery to ensure compliance with the 
        implementing statute and with the annual harvest 
        specifications.
            (3) Enforcement.--Taking or processing any part of the 
        allocation made by section 803 of the Consolidated 
        Appropriations Act, 2004, and reallocated under this section 
        without the consent required under subsection (c) shall be 
        considered in violation of section 307 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1857) and 
        subject to the penalties and sanctions under section 308 of 
        such Act (16 U.S.C. 1858), and any fish harvested or processed 
        under such taking or possessing shall be subject to forfeiture.

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

    Section 307 (16 U.S.C. 1857) is amended--
            (1) by striking ``It is unlawful--'' and inserting the 
        following:
    ``(a) In General.--It is unlawful--''; and
            (2) by adding at the end the following:
    ``(b) Prohibition on Shark Feeding Off Coast of Florida.--
            ``(1) In general.--It is unlawful--
                    ``(A) for any diver to engage in shark feeding in 
                covered waters; and
                    ``(B) for any person to operate a vessel for hire 
                for the purpose of carrying a passenger to a site if 
                such person knew or should have known that the 
                passenger intended, at that site, to be a diver--
                            ``(i) engaged in shark feeding in covered 
                        waters; or
                            ``(ii) engaged in observing shark feeding 
                        in covered waters.
            ``(2) Definitions.--For purposes of this subsection:
                    ``(A) Covered waters.--The term `covered waters' 
                means Federal waters off the coast of Florida.
                    ``(B) Diver.--The term `diver' means a person who 
                is wholly or partially submerged in covered water and 
                is equipped with a face mask, face mask and snorkel, or 
                underwater breathing apparatus.
                    ``(C) Shark feeding.--The term `shark feeding' 
                means--
                            ``(i) the introduction of food or any other 
                        substance into covered water for the purpose of 
                        feeding or attracting sharks; or
                            ``(ii) presenting food or any other 
                        substance to a shark for the purpose of feeding 
                        or attracting sharks.
            ``(3) Exception.--This subsection shall not apply to shark 
        feeding conducted--
                    ``(A) by a research institution, university, or 
                government agency for research purposes; or
                    ``(B) for the purpose of harvesting sharks.''.

SEC. 408. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT.

    Section 3(10) (16 U.S.C. 1802) is amended by inserting ``, except 
that such term shall not include any area previously covered by land or 
a fresh water environment in a State where the average annual land loss 
of such State during the 20 years before the date of the enactment of 
the Strengthening Fishing Communities and Increasing Flexibility in 
Fisheries Management Act exceeds 10 square miles'' after ``maturity''.
                                                 Union Calendar No. 591

115th CONGRESS

  2d Session

                               H. R. 200

                          [Report No. 115-758]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             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
```