IIB 

115TH CONGRESS 

2D SESSION H. R. 200 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2018 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To amend the Magnuson-Stevens Fishery Conservation and 

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

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


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1 SECTION 1. SHORT TITLE. 

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

3 Communities and Increasing Flexibility in Fisheries Man4 agement Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 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. 

Sec. 210. Northeast regional pilot research trawl survey and study. 

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. Federal Gulf of Mexico red snapper management. 

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. 


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Sec. 406. Reallocation of certain unused harvest allocation. 

Sec. 407. Community Development Quota Program panel voting procedures. 

Sec. 408. Prohibition on shark feeding off coast of Florida. 

Sec. 409. Restoration of historically freshwater environment. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Mitigation for impacts to submerged aquatic vegetation. 

Sec. 502. Report on limited access privilege programs and conflicts of interest 

with respect to Gulf of Mexico and South Atlantic Ocean red 

snapper. 

Sec. 503. plan for electronic monitoring and reporting procedures for the 

Northeast Multispecies Fishery. 

Sec. 504. Study of fees charged to lobster fishing industry. 

Sec. 505. Limitation on application of prohibition on Atlantic striped bass fishing in Block Island Sound transit zone. 

Sec. 506. Funding for monitoring implementation of Northeast Multispecies 

Fishery Management Plan. 

TITLE VI—REEF ASSASSIN ACT 

Sec. 601. Short title. 

Sec. 602. Encouraging elimination of lionfish. 

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 

4 Management Act (16 U.S.C. 1802) shall have the same 

5 meaning 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 

9 of an amendment to, or repeal of, a provision, the ref10 erence shall be considered to be made to a provision of 

11 the Magnuson-Stevens Fishery Conservation and Manage12 ment Act (16 U.S.C. 1801 et seq.). 


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1 TITLE I—MAGNUSON-STEVENS 

2 ACT FINDINGS AND DEFINI3 TIONS AMENDMENTS AND RE4 AUTHORIZATION 

5 SEC. 101. AMENDMENTS TO FINDINGS. 

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

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

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

9 (2) in paragraph (10), by inserting ‘‘and tradi10 tional ways of life’’ after ‘‘economic growth’’. 

11 SEC. 102. AMENDMENTS TO DEFINITIONS. 

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

13 amended— 

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

15 program’’; 

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

17 ‘overfishing’ and ‘overfished’ mean’’ and inserting 

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

19 (3) by inserting after paragraph (8) the fol20 lowing: 

21 ‘‘(8a) The term ‘depleted’ means, with respect 

22 to a stock of fish or stock complex, that the stock 

23 or stock complex has a biomass that has declined 

24 below a level that jeopardizes the capacity of the 


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1 stock or stock complex to produce maximum sustain2 able yield on a continuing basis.’’; and 

3 (4) by inserting after paragraph (43) the fol4 lowing: 

5 ‘‘(43a)(A) The term ‘subsistence fishing’ means 

6 fishing in which the fish harvested are intended for 

7 customary and traditional uses, including for direct 

8 personal or family consumption as food or clothing; 

9 for the making or selling of handicraft articles out 

10 of nonedible byproducts taken for personal or family 

11 consumption, for barter, or sharing for personal or 

12 family consumption; and for customary exchange or 

13 trade. 

14 ‘‘(B) In this paragraph— 

15 ‘‘(i) the term ‘family’ means all persons re16 lated by blood, marriage, or adoption, or any 

17 person living within the household on a perma18 nent basis; and 

19 ‘‘(ii) the term ‘barter’ means the exchange 

20 of a fish or fish part— 

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

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

23 items other than money if the exchange is 

24 of a limited and noncommercial nature.’’. 


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1 (b) SUBSTITUTION OF TERM.—The Magnuson-Ste2 vens Fishery Conservation and Management Act (16 

3 U.S.C. 1801 et seq.) is amended— 

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

5 ‘‘OVERFISHED’’ and inserting ‘‘DEPLETED’’; and 

6 (2) by striking ‘‘overfished’’ each place it ap7 pears and inserting ‘‘depleted’’. 

8 (c) CLARITY IN ANNUAL REPORT.—Section 

9 304(e)(1) (16 U.S.C. (e)(1)) is amended by adding at the 

10 end the following: ‘‘The report shall distinguish between 

11 fisheries that are depleted (or approaching that condition) 

12 as a result of fishing and fisheries that are depleted (or 

13 approaching that condition) as a result of factors other 

14 than fishing. The report shall state, for each fishery iden15 tified as depleted or approaching that condition, whether 

16 the fishery is the target of directed fishing.’’. 

17 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

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

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


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1 TITLE II—FISHERIES MANAGE2 MENT FLEXIBILITY AND MOD3 ERNIZATION 

4 SEC. 201. DEFINITIONS. 

5 For the purposes of implementing this title: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; and 

11 (B) the Committee on Natural Resources 

12 of the House of Representatives. 

13 (2) LIMITED ACCESS PRIVILEGE PROGRAM.— 

14 The term ‘‘limited access privilege program’’ means 

15 a program that meets the requirements of section 

16 303A of the Magnuson-Stevens Fishery Conserva17 tion and Management Act (16 U.S.C. 1853a). 

18 (3) MIXED-USE FISHERY.—The term ‘‘mixed19 use fishery’’ means a Federal fishery in which two 

20 or more of the following occur: 

21 (A) Recreational fishing. 

22 (B) Charter fishing. 

23 (C) Commercial fishing. 


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1 SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH 

2 ATLANTIC AND GULF OF MEXICO MIXED-USE 

3 FISHERIES. 

4 (a) STUDY OF ALLOCATIONS IN MIXED-USE FISH5 ERIES.—Not later than 60 days after the date of enact6 ment of this Act, the Secretary of Commerce shall seek 

7 to enter into an arrangement with the National Academy 

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

9 of Mexico mixed-use fisheries— 

10 (1) to provide guidance to each applicable 

11 Council on criteria that could be used for allocating 

12 fishing privileges, including consideration of the con13 servation and socioeconomic benefits of the commer14 cial, recreational, and charter components of a fish15 ery, in the preparation of a fishery management 

16 plan; 

17 (2) to identify sources of information that could 

18 reasonably support the use of such criteria in alloca19 tion decisions; 

20 (3) to develop procedures for allocation reviews 

21 and potential adjustments in allocations; and 

22 (4) that shall consider the ecological, economic 

23 and social factors relevant to each component of the 

24 mixed-use fishery including but not limited to: fair25 ness and equitability of all current allocations; per26 cent utilization of available allocations by each comVerDate Sep 11 2014 20:53 Jul 12, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H200.RFS H200

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1 ponent; consumer and public access to the resource; 

2 and the application of economic models for fully esti3 mating the direct and indirect value-added contribu4 tions of the various commercial and recreational 

5 fishing industry market sectors throughout chain of 

6 custody. 

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

8 an arrangement is entered into under subsection (a), the 

9 National Academy of Sciences shall submit to the appro10 priate committees of Congress a report on the study con11 ducted under that subsection. 

12 (c) PROCESS FOR ALLOCATION REVIEW AND ESTAB13 LISHMENT.— 

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

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

16 thereafter, an applicable Council shall perform a re17 view of the allocations to the commercial fishing sec18 tor and the recreational fishing sector of all applica19 ble fisheries in its jurisdiction. 

20 (2) CONSIDERATIONS.—In conducting a review 

21 under paragraph (1), an applicable Council shall 

22 consider, in each allocation decision, the conserva23 tion and socioeconomic benefits of— 

24 (A) the commercial fishing sector; and 

25 (B) the recreational fishing sector. 


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

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

3 (1) the South Atlantic Fishery Management 

4 Council; or 

5 (2) the Gulf of Mexico Fishery Management 

6 Council. 

7 SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEAS8 URES. 

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

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

11 and inserting a semicolon; 

12 (2) by redesignating paragraph (8) as para13 graph (9); and 

14 (3) by inserting after paragraph (7), the fol15 lowing: 

16 ‘‘(8) have the authority to use alternative fish17 ery management measures in a recreational fishery 

18 (or the recreational component of a mixed-use fish19 ery), including extraction rates, fishing mortality 

20 targets, and harvest control rules, in developing a 

21 fishery management plan, plan amendment, or pro22 posed regulations; and’’. 


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1 SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 

2 REQUIREMENT. 

3 (a) REGIONAL FISHERY MANAGEMENT COUNCILS.— 

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

5 the end the following: 

6 ‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN7 NUAL CATCH LIMIT REQUIREMENTS.— 

8 ‘‘(1) ANNUAL CATCH LIMIT REQUIREMENT FOR

9 CERTAIN DATA-POOR FISHERIES.—Notwithstanding 

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

11 which the total annual catch limit is 25 percent or 

12 more below the overfishing limit, a peer-reviewed 

13 stock survey and stock assessment have not been 

14 performed during the preceding 5 fishing years, and 

15 the stock is not subject to overfishing, a Council 

16 may, after notifying the Secretary, maintain the cur17 rent annual catch limit for the stock until a peer-re18 viewed stock survey and stock assessment are con19 ducted and the results are considered by the Council 

20 and its scientific and statistical committee. 

21 ‘‘(2) CONSIDERATION OF ECOSYSTEM AND ECO22 NOMIC IMPACTS.—In establishing annual catch lim23 its a Council may, consistent with subsection (h)(6), 

24 consider changes in an ecosystem and the economic 

25 needs of the fishing communities. 


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1 ‘‘(3) LIMITATIONS TO ANNUAL CATCH LIMIT

2 REQUIREMENT FOR SPECIAL FISHERIES.—Notwith3 standing subsection (h)(6), a Council is not required 

4 to develop an annual catch limit for— 

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

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

7 cycle of approximately 1 year, unless the Sec8 retary has determined the fishery is subject to 

9 overfishing; or 

10 ‘‘(C) a stock for which— 

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

12 class will complete their life cycle in less 

13 than 18 months; and 

14 ‘‘(ii) fishing mortality will have little 

15 impact on the stock. 

16 ‘‘(4) RELATIONSHIP TO INTERNATIONAL FISH17 ERY EFFORTS.— 

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

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

20 ‘‘(i) may take into account manage21 ment measures under international agree22 ments in which the United States partici23 pates; and 

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

25 limit developed by a Council for a species, 


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1 shall take into account fishing for the spe2 cies outside the exclusive economic zone 

3 and the life-history characteristics of the 

4 species that are not subject to the jurisdic5 tion of the Council. 

6 ‘‘(B) EXCEPTION TO ANNUAL CATCH LIMIT

7 REQUIREMENT.—If fishery management activi8 ties by another country with respect to fishing 

9 outside the exclusive economic zone may hinder 

10 conservation efforts by United States fishermen 

11 for a fish species for which any of the recruit12 ment, distribution, life history, or fishing activi13 ties are transboundary, and for which there is 

14 no informal transboundary agreement with that 

15 country in effect, then— 

16 ‘‘(i) notwithstanding subsection 

17 (h)(6), no annual catch limit is required to 

18 be developed for the species by a Council; 

19 and 

20 ‘‘(ii) if an annual catch limit is devel21 oped by a Council for the species, the catch 

22 limit shall take into account fishing for the 

23 species outside the exclusive economic zone 

24 that is not subject to the jurisdiction of the 

25 Council. 


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1 ‘‘(5) AUTHORIZATION FOR MULTISPECIES COM2 PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 

3 For purposes of subsection (h)(6), a Council may es4 tablish— 

5 ‘‘(A) an annual catch limit for a stock 

6 complex; or 

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

8 any continuous period that is not more than 3 

9 years in duration. 

10 ‘‘(6) ECOSYSTEM-COMPONENT SPECIES DE11 FINED.—In this subsection the term ‘ecosystem-com12 ponent species’ means a stock of fish that is a non13 target, incidentally harvested stock of fish in a fish14 ery, or a nontarget, incidentally harvested stock of 

15 fish that a Council or the Secretary has deter16 mined— 

17 ‘‘(A) is not subject to overfishing, ap18 proaching a depleted condition or depleted; and 

19 ‘‘(B) is not likely to become subject to 

20 overfishing or depleted in the absence of con21 servation and management measures. 

22 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

23 this subsection shall be construed as providing an 

24 exemption from the requirements of section 301(a) 

25 of this Act.’’. 


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

2 U.S.C. 1854) is amended— 

3 (1) by striking ‘‘(i) INTERNATIONAL OVER4 FISHING.—’’ and inserting ‘‘(j) INTERNATIONAL

5 OVERFISHING.—’’; 

6 (2) in subsection (j)(1), as redesignated, by in7 serting ‘‘shall’’ before ‘‘immediately’’; and 

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

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

10 than 2 years after the date that the Secretary receives no11 tice from a Council under section 302(m), the Secretary 

12 shall complete a peer-reviewed stock survey and stock as13 sessment of the applicable stock of fish and transmit the 

14 results of the survey and assessment to the Council.’’. 

15 SEC. 205. LIMITATION ON FUTURE CATCH SHARE PRO16 GRAMS. 

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

18 1802) is amended by inserting after paragraph (2) the fol19 lowing: 

20 ‘‘(2a) The term ‘catch share’ means any fishery 

21 management program that allocates a specific per22 centage of the total allowable catch for a fishery, or 

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

24 community, processor, representative of a commer25 cial sector, or regional fishery association established 


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1 in accordance with section 303A(c)(4), or other enti2 ty.’’. 

3 (b) CATCH SHARE REFERENDUM PILOT PRO4 GRAM.— 

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

6 U.S.C. 1853a(c)(6)(D)) is amended to read as fol7 lows: 

8 ‘‘(D) CATCH SHARE REFERENDUM PILOT

9 PROGRAM.— 

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

11 South Atlantic, and Gulf of Mexico Coun12 cils may not submit a fishery management 

13 plan or amendment that creates a catch 

14 share program for a fishery, and the Sec15 retary may not approve or implement such 

16 a plan or amendment submitted by such a 

17 Council or a Secretarial plan or amend18 ment under section 304(c) that creates 

19 such a program, unless the final program 

20 has been approved, in a referendum in ac21 cordance with this subparagraph, by a ma22 jority of the permit holders eligible to par23 ticipate in the fishery. For multispecies 

24 permits in the Gulf of Mexico, any permit 

25 holder with landings from within the sector 


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1 of the fishery being considered for the 

2 catch share program within the 5-year pe3 riod preceding the date of the referendum 

4 and still active in fishing in the fishery 

5 shall be eligible to participate in such a 

6 referendum. If a catch share program is 

7 not approved by the requisite number of 

8 permit holders, it may be revised and sub9 mitted for approval in a subsequent ref10 erendum. 

11 ‘‘(ii) The Secretary shall conduct a 

12 referendum under this subparagraph, in13 cluding notifying all permit holders eligible 

14 to participate in the referendum and mak15 ing available to them— 

16 ‘‘(I) a copy of the proposed pro17 gram; 

18 ‘‘(II) an estimate of the costs of 

19 the program, including costs to par20 ticipants; 

21 ‘‘(III) an estimate of the amount 

22 of fish or percentage of quota each 

23 permit holder would be allocated; and 

24 ‘‘(IV) information concerning the 

25 schedule, procedures, and eligibility 


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1 requirements for the referendum proc2 ess. 

3 ‘‘(iii) For the purposes of this sub4 paragraph, the term ‘permit holder eligible 

5 to participate’ only includes the holder of 

6 a permit for a fishery under which fishing 

7 has occurred in 3 of the 5 years preceding 

8 a referendum for the fishery, unless sick9 ness, injury, or other unavoidable hardship 

10 prevented the permit holder from engaging 

11 in such fishing. 

12 ‘‘(iv) The Secretary may not imple13 ment any catch share program for any 

14 fishery managed exclusively by the Sec15 retary unless first petitioned by a majority 

16 of those permit holders eligible to partici17 pate in the fishery.’’. 

18 (2) LIMITATION ON APPLICATION.—The amend19 ment made by paragraph (1) shall not apply to a 

20 catch share program that is submitted to, or pro21 posed by, the Secretary of Commerce before the date 

22 of enactment of this Act. 

23 (3) REGULATIONS.—Before conducting a ref24 erendum under the amendment made by paragraph 

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1 tions implementing such amendment after providing 

2 an opportunity for submission by the public of com3 ments on the regulations. 

4 SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PRO5 GRAMS FOR MIXED-USE FISHERIES. 

6 (a) STUDY ON LIMITED ACCESS PRIVILEGE PRO7 GRAMS.—Not later than 1 year after the date of enact8 ment of this Act, the Secretary of Commerce shall seek 

9 to enter into an arrangement under which the Ocean Stud10 ies Board of the National Academies of Sciences, Engi11 neering, and Medicine shall— 

12 (1) study the use of limited access privilege pro13 grams in mixed-use fisheries, including— 

14 (A) identifying any inequities caused by a 

15 limited access privilege program; 

16 (B) recommending policies to address the 

17 inequities identified in subparagraph (A); and 

18 (C) identifying and recommending the dif19 ferent factors and information a mixed-use fish20 ery should consider when designing, estab21 lishing, or maintaining a limited access privilege 

22 program to mitigate any inequities identified in 

23 subparagraph (A); and 

24 (2) submit to the appropriate committees of 

25 Congress a report on the study under paragraph (1), 


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1 including the recommendations under subparagraphs 

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

3 (b) TEMPORARY MORATORIUM.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), there shall be a moratorium on the sub6 mission and approval of a limited access privilege 

7 program for a mixed-use fishery until the date that 

8 the report is submitted under subsection (a)(1)(B). 

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

10 Council may submit, and the Secretary of Commerce 

11 may approve, for a mixed-use fishery that is man12 aged under a limited access system, a limited access 

13 privilege program if such program was part of a 

14 pending fishery management plan or plan amend15 ment before the date of enactment of this Act. 

16 (3) MANDATORY REVIEW.—A Council that ap17 proves a limited access privilege program under 

18 paragraph (2) shall, upon issuance of the report re19 quired under subparagraph (a), review and, to the 

20 extent practicable, revise the limited access privilege 

21 program to be consistent with the recommendations 

22 of the report or any subsequent statutory or regu23 latory requirements designed to implement the rec24 ommendations of the report. 


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

2 section may be construed to affect a limited access 

3 privilege program approved by the Secretary of 

4 Commerce before the date of enactment of this Act. 

5 SEC. 207. COOPERATIVE DATA COLLECTION. 

6 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

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

8 the end the following: 

9 ‘‘(e) IMPROVING DATA COLLECTION AND ANAL10 YSIS.— 

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

12 the date of enactment of this Act, the Secretary 

13 shall develop, in consultation with the science and 

14 statistical committees of the Councils established 

15 under section 302(g) and the Marine Fisheries Com16 missions, and submit to the Committee on Com17 merce, Science, and Transportation of the Senate 

18 and the Committee on Natural Resources of the 

19 House of Representatives a report on facilitating 

20 greater incorporation of data, analysis, stock assess21 ments, and surveys from State agencies and non22 governmental sources described in paragraph (2) 

23 into fisheries management decisions. 


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1 ‘‘(2) NONGOVERNMENTAL SOURCES.—Non2 governmental sources referred to in paragraph (1) 

3 include the following: 

4 ‘‘(A) Fishermen. 

5 ‘‘(B) Fishing communities. 

6 ‘‘(C) Universities. 

7 ‘‘(D) Research and philanthropic institu8 tions. 

9 ‘‘(3) CONTENT.—In developing the report 

10 under paragraph (1), the Secretary shall— 

11 ‘‘(A) identify types of data and analysis, 

12 especially concerning recreational fishing, that 

13 can be reliably used for purposes of this Act as 

14 the basis for establishing conservation and man15 agement measures as required by section 

16 303(a)(1), including setting standards for the 

17 collection and use of that data and analysis in 

18 stock assessments and surveys and for other 

19 purposes as determined by the Secretary; 

20 ‘‘(B) provide specific recommendations for 

21 collecting data and performing analyses identi22 fied as necessary to reduce uncertainty in and 

23 improve the accuracy of future stock assess24 ments, including whether such data and anal25 ysis could be provided by nongovernmental 


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1 sources, including fishermen, fishing commu2 nities, universities, and research institutions; 

3 ‘‘(C) consider the extent to which it is pos4 sible to establish a registry of persons collecting 

5 or submitting the data and performing the 

6 analyses identified under subparagraphs (A) 

7 and (B); and 

8 ‘‘(D) consider the extent to which the ac9 ceptance and use of data and analyses identi10 fied in the report in fishery management deci11 sions is practicable.’’. 

12 (b) PUBLICATION.—The Secretary of Commerce shall 

13 make available on the Internet Website of the National 

14 Oceanic and Atmospheric Administration the report re15 quired under the amendment made by subsection (a) by 

16 not later than 1 year after the date of the enactment of 

17 this Act. 

18 (c) NAS REPORT RECOMMENDATIONS.—The Sec19 retary of Commerce shall take into consideration and, to 

20 the extent feasible, implement the recommendations of the 

21 National Academy of Sciences in the report entitled ‘‘Re22 view of the Marine Recreational Information Program 

23 (2017)’’, including— 

24 (1) prioritizing the evaluation of electronic data 

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1 tronic diaries for prospective data collection, and an 

2 Internet website option for panel members or for the 

3 public; 

4 (2) evaluating whether the design of the Marine 

5 Recreational Information Program for the purposes 

6 of stock assessment and the determination of stock 

7 management reference points is compatible with the 

8 needs of in-season management of annual catch lim9 its; and 

10 (3) if the Marine Recreational Information Pro11 gram is incompatible with the needs of in-season 

12 management of annual catch limits, determining an 

13 alternative method for in-season management. 

14 SEC. 208. RECREATIONAL FISHING DATA. 

15 Section 401(g) (16 U.S.C. 1881(g)) is amended by 

16 redesignating paragraph (4) as paragraph (5), and by in17 serting after paragraph (3) the following: 

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

19 ‘‘(A) ESTABLISHMENT.—The Secretary 

20 shall establish partnerships with States to de21 velop best practices for implementation of State 

22 programs established pursuant to paragraph 

23 (2). 

24 ‘‘(B) GUIDANCE.—The Secretary shall de25 velop guidance, in cooperation with the States, 


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1 that details best practices for administering 

2 State programs pursuant to paragraph (2), and 

3 provide such guidance to the State.’’. 

4 SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO 

5 FISHERY MANAGEMENT COUNCILS. 

6 (a) COUNCIL JURISDICTION FOR OVERLAPPING

7 FISHERIES.—Section 302(a)(1) (16 U.S.C. 1852(a)) is 

8 amended— 

9 (1) in subparagraph (A), in the second sen10 tence— 

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

12 and 

13 (B) by inserting before the period at the 

14 end ‘‘and a liaison who is a member of the Mid15 Atlantic Fishery Management Council to rep16 resent the interests of fisheries under the juris17 diction of such Council’’; and 

18 (2) in subparagraph (B), in the second sen19 tence— 

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

21 and 

22 (B) by inserting before the period at the 

23 end ‘‘and a liaison who is a member of the New 

24 England Fishery Management Council to repVerDate Sep 11 2014 20:53 Jul 12, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H200.RFS H200

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1 resent the interests of fisheries under the juris2 diction of such Council’’. 

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

4 1852(b)(2)) is amended— 

5 (1) in subparagraph (A), by striking ‘‘or rec6 reational’’ and inserting ‘‘, recreational, or subsist7 ence fishing’’; and 

8 (2) in subparagraph (C), in the second sen9 tence, by inserting ‘‘, and in the case of the Gov10 ernor of Alaska with the subsistence fishing interests 

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

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

13 1801(b)(3)) is amended by striking ‘‘and recreational’’ 

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

15 (d) PROHIBITION ON CONSIDERING RED SNAPPER

16 KILLED DURING REMOVAL OF OIL RIGS.—Any red snap17 per that are killed during the removal of any offshore oil 

18 rig in the Gulf of Mexico shall not be considered in deter19 mining under the Magnuson-Stevens Fishery Conservation 

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

21 the total allowable catch for red snapper has been reached. 

22 (e) PROHIBITION ON CONSIDERING FISH SEIZED

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

24 a foreign vessel engaged in illegal fishing activities in the 

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1 mining under the Magnuson-Stevens Fishery Conservation 

2 and Management Act (16 U.S.C. 1801 et seq.) the total 

3 allowable catch for that fishery. 

4 SEC. 210. NORTHEAST REGIONAL PILOT RESEARCH TRAWL 

5 SURVEY AND STUDY. 

6 (a) INDUSTRY-BASED PILOT STUDY.—Within 1 year 

7 after the date of the enactment of this Act, the Secretary 

8 of Commerce shall, in coordination with the relevant 

9 Councils selected by the Secretary and the Northeast Area 

10 Monitoring and Assessment Program (NEAMAP), develop 

11 a fishing industry-based Northeast regional pilot research 

12 trawl survey and study to enhance and provide improve13 ment to current National Oceanic and Atmospheric Ad14 ministration vessel trawl surveys. 

15 (b) COMPONENTS.—Under the pilot survey and 

16 study— 

17 (1) the Secretary— 

18 (A) may select fishing industry vessels to 

19 participate in the study by issuing a request for 

20 procurement; 

21 (B) may use the NEAMAP Southern New 

22 England/Mid-Atlantic Nearshore Trawl Survey 

23 as a model for the pilot survey; and 

24 (C) shall outfit participating vessels with a 

25 peer-reviewed net configuration; and 


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1 (2) the selected Councils shall, in partnership 

2 with the National Marine Fisheries Service North3 east Fisheries Science Center and the Virginia Insti4 tute of Marine Science, collect data and evaluate dis5 crepancies between fishing industry vessel data and 

6 National Oceanic and Atmospheric Administration 

7 vessel data, for 5 years. 

8 (b) REPORT.—Upon completion of the pilot survey 

9 and study, the Secretary and the selected Councils shall 

10 submit a detailed report on the results of the pilot survey 

11 and study to the Committee on Natural Resources of the 

12 House of Representatives and the Committee on Com13 merce, Science, and Transportation of the Senate. 

14 TITLE III—HEALTHY FISHERIES 

15 THROUGH BETTER SCIENCE 

16 SEC. 301. HEALTHY FISHERIES THROUGH BETTER 

17 SCIENCE. 

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

19 (16 U.S.C. 1802), as amended by section 102(a) of this 

20 Act, is further amended by redesignating the paragraphs 

21 after paragraph (42) in order as paragraphs (44) through 

22 (53), and by inserting after paragraph (42) the following: 

23 ‘‘(43) The term ‘stock assessment’ means an 

24 evaluation of the past, present, and future status of 

25 a stock of fish, that includes— 


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

2 for such stock, including— 

3 ‘‘(i) the geographical boundaries of 

4 such stock; and 

5 ‘‘(ii) information on age, growth, nat6 ural mortality, sexual maturity and repro7 duction, feeding habits, and habitat pref8 erences of such stock; and 

9 ‘‘(B) fishing for the stock.’’. 

10 (b) STOCK ASSESSMENT PLAN.— 

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

12 1881c), as amended by section 207(a) of this Act, 

13 is further amended by adding at the end the fol14 lowing: 

15 ‘‘(f) STOCK ASSESSMENT PLAN.— 

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

17 and publish in the Federal Register, on the same 

18 schedule as required for the strategic plan required 

19 under subsection (b) of this section, a plan to con20 duct stock assessments for all stocks of fish for 

21 which a fishery management plan is in effect under 

22 this Act. 

23 ‘‘(2) CONTENTS.—The plan shall— 


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

2 stock assessment has previously been con3 ducted— 

4 ‘‘(i) establish a schedule for updating 

5 the stock assessment that is reasonable 

6 given the biology and characteristics of the 

7 stock; and 

8 ‘‘(ii) subject to the availability of ap9 propriations, require completion of a new 

10 stock assessment, or an update of the most 

11 recent stock assessment— 

12 ‘‘(I) every 5 years; or 

13 ‘‘(II) within such other time pe14 riod specified and justified by the Sec15 retary in the plan; 

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

17 stock assessment has not previously been con18 ducted— 

19 ‘‘(i) establish a schedule for con20 ducting an initial stock assessment that is 

21 reasonable given the biology and character22 istics of the stock; and 

23 ‘‘(ii) subject to the availability of ap24 propriations, require completion of the ini25 tial stock assessment within 3 years after 


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1 the plan is published in the Federal Reg2 ister unless another time period is specified 

3 and justified by the Secretary in the plan; 

4 and 

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

6 concerning recreational fishing, that, if avail7 able, would reduce uncertainty in and improve 

8 the accuracy of future stock assessments, in9 cluding whether such data and analysis could 

10 be provided by fishermen, fishing communities, 

11 universities, and research institutions, to the ex12 tent that use of such data would be consistent 

13 with the requirements in section 301(a)(2) to 

14 base conservation and management measures 

15 on the best scientific information available. 

16 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE17 MENT.—Notwithstanding subparagraphs (A)(ii) and 

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

19 stock of fish in the plan if the Secretary determines 

20 that such a stock assessment is not necessary and 

21 justifies such determination in the Federal Register 

22 notice required by this subsection.’’. 

23 (2) DEADLINE.—Notwithstanding section 

24 404(f)(1) of the Magnuson-Stevens Fishery Con25 servation and Management Act, as amended by this 


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1 section, the Secretary of Commerce shall issue the 

2 first stock assessment plan under such section by 

3 not later than 2 years after the date of enactment 

4 of this Act. 

5 SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. 

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

7 1852(g)(1)(B)) is amended by adding at the end the fol8 lowing: ‘‘Each scientific and statistical committee shall de9 velop such advice in a transparent manner and allow for 

10 public involvement in the process.’’. 

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

12 1852(i)(2)) is amended by adding at the end the following: 

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

14 the Internet Web site of the Council— 

15 ‘‘(i) to the extent practicable, a 

16 Webcast, an audio recording, or a live 

17 broadcast of each meeting of the Council, 

18 and of the Council Coordination Com19 mittee established under subsection (l), 

20 that is not closed in accordance with para21 graph (3); and 

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

23 in person or by video conference), or a 

24 searchable audio or written transcript of 

25 each meeting of the Council and of the 


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1 meetings of committees referred to in sec2 tion (g)(1)(B) of the Council by not later 

3 than 30 days after the conclusion of the 

4 meeting. 

5 ‘‘(H) The Secretary shall maintain and 

6 make available to the public an archive of 

7 Council and scientific and statistical committee 

8 meeting audios, videos, and transcripts made 

9 available under clauses (i) and (ii) of subpara10 graph (G).’’. 

11 SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS. 

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

13 U.S.C. 1854(e)) is amended— 

14 (1) in paragraph (4)— 

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

16 ‘‘possible’’ and inserting ‘‘practicable’’; 

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

18 read as follows: 

19 ‘‘(ii) may not exceed the time the 

20 stock would be rebuilt without fishing oc21 curring plus one mean generation, except 

22 in a case in which— 

23 ‘‘(I) the biology of the stock of 

24 fish, other environmental conditions, 

25 or management measures under an 


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1 international agreement in which the 

2 United States participates dictate oth3 erwise; 

4 ‘‘(II) the Secretary determines 

5 that the cause of the stock being de6 pleted is outside the jurisdiction of the 

7 Council or the rebuilding program 

8 cannot be effective only by limiting 

9 fishing activities; 

10 ‘‘(III) the Secretary determines 

11 that one or more components of a 

12 mixed-stock fishery is depleted but 

13 cannot be rebuilt within that time 

14 frame without significant economic 

15 harm to the fishery, or cannot be re16 built without causing another compo17 nent of the mixed-stock fishery to ap18 proach a depleted status; 

19 ‘‘(IV) the Secretary determines 

20 that recruitment, distribution, or life 

21 history of, or fishing activities for, the 

22 stock are affected by informal trans23 boundary agreements under which 

24 management activities outside the ex25 clusive economic zone by another 


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1 country may hinder conservation and 

2 management efforts by United States 

3 fishermen; and 

4 ‘‘(V) the Secretary determines 

5 that the stock has been affected by 

6 unusual events that make rebuilding 

7 within the specified time period im8 probable without significant economic 

9 harm to fishing communities;’’; 

10 (C) by striking ‘‘and’’ after the semicolon 

11 at the end of subparagraph (B), by redesig12 nating subparagraphs (B) and (C) as subpara13 graphs (C) and (D), and by inserting after sub14 paragraph (A) the following: 

15 ‘‘(B) take into account environmental con16 dition including predator/prey relationships;’’; 

17 and 

18 (D) by striking the period at the end of 

19 subparagraph (D) (as so redesignated) and in20 serting ‘‘; and’’, and by adding at the end the 

21 following: 

22 ‘‘(E) specify a schedule for reviewing the 

23 rebuilding targets, evaluating environmental im24 pacts on rebuilding progress, and evaluating 


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1 progress being made toward reaching rebuilding 

2 targets.’’; and 

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

4 ‘‘(8) A fishery management plan, plan amend5 ment, or proposed regulations may use alternative 

6 rebuilding strategies, including harvest control rules 

7 and fishing mortality-rate targets to the extent they 

8 are in compliance with the requirements of this Act. 

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

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

11 and statistical committee determines and the Sec12 retary concurs that the original determination that 

13 the fishery was depleted was erroneous, either— 

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

15 the effective date a fishery management plan, 

16 plan amendment, or proposed regulation for a 

17 fishery under this subsection takes effect; or 

18 ‘‘(B) within 90 days after the completion 

19 of the next stock assessment after such deter20 mination.’’. 

21 (b) EMERGENCY REGULATIONS AND INTERIM MEAS22 URES.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 

23 is amended by striking ‘‘180 days after’’ and all that fol24 lows through ‘‘provided’’ and inserting ‘‘1 year after the 

25 date of publication, and may be extended by publication 


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1 in the Federal Register for one additional period of not 

2 more than 1 year, if’’. 

3 SEC. 304. EXEMPTED FISHING PERMITS. 

4 (a) OBJECTIONS.—If the relevant Council, the Inter5 state Marine Fisheries Commission, or the fish and wild6 life agency of an affected State objects to the approval 

7 and issuance of an exempted fishing permit under section 

8 600.745 of title 50, Code of Federal Regulations, or any 

9 successor regulation, the Regional Administrator of the 

10 National Marine Fisheries Service who issued such ex11 empted fishing permit shall respond to such entity in writ12 ing detailing why such exempted fishing permit was 

13 issued. 

14 (b) 12-MONTH FINDING.—At the end of the 12- 

15 month period beginning on the date the exempted fishing 

16 permit is issued under section 600.745 of title 50, Code 

17 of Federal Regulations, or any successor regulation, the 

18 Council that prepared the fishery management plan, or the 

19 Secretary in the case of a fishery management plan pre20 pared and implemented by the Secretary, shall review the 

21 exempted fishing permit and determine whether any unin22 tended negative impacts have occurred that would warrant 

23 the discontinuation of the permit. 

24 (c) CLARIFICATION.—The Secretary may not issue an 

25 exempted fishing permit under section 600.745 of title 50, 


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1 Code of Federal Regulations, or any successor regulation 

2 that— 

3 (1) establishes a limited access system as de4 fined in section 3 of the Magnuson-Stevens Fishery 

5 Conservation and Management Act (16 U.S.C. 

6 1802); 

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

8 (16 U.S.C. 1853a); or 

9 (3) establishes a catch share program as de10 fined in section 206(a) of this Act. 

11 (d) SAVINGS PROVISION.—Except for subsection (b), 

12 nothing in this section may be construed to affect an ex13 empted fishing permit approved under section 600.745 of 

14 title 50, Code of Federal Regulations, before the date of 

15 the enactment of this Act. 

16 SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT 

17 PROGRAM. 

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

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

20 the first sentence, and by adding at the end the fol21 lowing: 

22 ‘‘(2) Within 1 year after the date of enactment 

23 of the Strengthening Fishing Communities and In24 creasing Flexibility in Fisheries Management Act, 

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1 retary shall publish a plan for implementing and 

2 conducting the program established in paragraph 

3 (1). Such plan shall identify and describe critical re4 gional fishery management and research needs, pos5 sible projects that may address those needs, and es6 timated costs for such projects. The plan shall be re7 vised and updated every 5 years, and updated plans 

8 shall include a brief description of projects that were 

9 funded in the prior 5-year period and the research 

10 and management needs that were addressed by those 

11 projects.’’; and 

12 (2) in subsection (c)— 

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

14 and inserting ‘‘PRIORITIES’’; and 

15 (B) in paragraph (1), by striking ‘‘includ16 ing’’ and all that follows and inserting the fol17 lowing: ‘‘including— 

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

19 or other marine technology; 

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

21 reporting programs and technology; and 

22 ‘‘(C) improving monitoring and observer 

23 coverage through the expanded use of electronic 

24 monitoring devices.’’. 


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1 SEC. 306. FEDERAL GULF OF MEXICO RED SNAPPER MAN2 AGEMENT. 

3 (a) IN GENERAL.—Section 407 (16 U.S.C. 1883) is 

4 amended to read as follows: 

5 ‘‘SEC. 407. CERTIFICATION OF STATE SURVEYS. 

6 ‘‘(a) SUBMISSION.—A Gulf State that conducts a ma7 rine recreational fisheries statistical survey in the Gulf of 

8 Mexico to make catch estimates for red snapper landed 

9 in such State may submit such survey to the Secretary 

10 for certification. 

11 ‘‘(b) CERTIFICATION STANDARDS.—Not later than 

12 90 days after the date of enactment of the Strengthening 

13 Fishing Communities and Increasing Flexibility in Fish14 eries Management Act, the Secretary shall establish and 

15 provide the Gulf States with standards for certifying State 

16 marine recreational fisheries statistical surveys that 

17 shall— 

18 ‘‘(1) ensure that State marine recreational fish19 eries statistical surveys are appropriately pilot test20 ed, independently peer reviewed, and endorsed for 

21 implementation by the reviewers; 

22 ‘‘(2) use designs consistent with accepted sur23 vey sampling practices; and 

24 ‘‘(3) minimize the potential for bias and known 

25 sources of survey error. 

26 ‘‘(c) CERTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall make a 

2 certification or a denial of certification for any ma3 rine recreational fisheries statistical survey sub4 mitted under subsection (a) not later than the end 

5 of the 6-month period beginning on the date that the 

6 survey and information needed to evaluate the sur7 vey under the standards established under sub8 section (b) are submitted. 

9 ‘‘(2) TIMING.—In the case of a certification re10 quest from a Gulf State, the Secretary shall begin 

11 evaluation of the request upon receipt of all informa12 tion necessary to make a determination consistent 

13 with the standards set forth under subsection (b). 

14 ‘‘(3) DEEMED CERTIFIED.—A marine rec15 reational fisheries statistical survey shall be deemed 

16 to be certified effective upon the expiration of the 6- 

17 month period described in paragraph (1) if the Sec18 retary has not made a certification or denial of cer19 tification. 

20 ‘‘(d) MODIFICATION OF SURVEYS DENIED CERTIFI21 CATION.— 

22 ‘‘(1) IN GENERAL.—If a marine recreational 

23 fisheries statistical survey of a Gulf State is denied 

24 certification under subsection (c), the Secretary 

25 shall, not later than 60 days after the date of the 


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1 denial, provide the Gulf State a proposal for modi2 fications to the survey. 

3 ‘‘(2) PROPOSAL.—A proposal provided to a Gulf 

4 State for a survey under paragraph (1)— 

5 ‘‘(A) shall be specific to the survey sub6 mitted by such Gulf State and may not be con7 strued to apply to any other Gulf State; 

8 ‘‘(B) shall require revision to the fewest 

9 possible provisions of the survey; and 

10 ‘‘(C) may not unduly burden the ability of 

11 such Gulf State to revise the survey. 

12 ‘‘(3) MODIFIED SURVEY.— 

13 ‘‘(A) AUTHORITY TO SUBMIT.—If a marine 

14 recreational fisheries statistical survey of a Gulf 

15 State was denied certification under subsection 

16 (c), the Gulf State may modify the survey and 

17 submit the modified survey to the Secretary for 

18 certification or denial of certification. 

19 ‘‘(B) SCHEDULE.—The Secretary shall 

20 make a certification or denial of certification for 

21 any modified survey not later than the end of 

22 the 30-day period beginning on the date the 

23 modified survey is submitted. 

24 ‘‘(C) DEEMED CERTIFIED.—A modified 

25 survey is deemed to be certified effective upon 


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1 the expiration of the period described in sub2 paragraph (B) if the Secretary has not made a 

3 certification or denial of certification.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in the first section is amended by striking the item relating 

6 to section 407 and inserting the following: 

‘‘Sec. 407. Certification of State surveys.’’. 

7 TITLE IV— STRENGTHENING 

8 FISHING COMMUNITIES 

9 SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISH10 ERY RESOURCE DISASTER. 

11 Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amend12 ed— 

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

14 (2) by redesignating existing subparagraphs (A) 

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

16 of subparagraph (A) (as designated by the amend17 ment made by paragraph (1)); and 

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

19 ‘‘(B) The Secretary shall publish the estimated cost 

20 of recovery from a fishery resource disaster no later than 

21 30 days after the Secretary makes the determination 

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


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1 SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOV2 ERNOR FOR DETERMINATION REGARDING 

3 FISHERY RESOURCE DISASTER. 

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

5 redesignating paragraphs (2) through (4) as paragraphs 

6 (3) through (5), and by inserting after paragraph (1) the 

7 following: 

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

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

10 days after receiving an estimate of the economic impact 

11 of the fishery resource disaster from the entity requesting 

12 the relief.’’. 

13 SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARI14 FICATION. 

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

16 amended— 

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

18 and 

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

20 SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DI21 RECTED POLLOCK FISHERY. 

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

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

24 note) is amended to read as follows: 

25 ‘‘(1) HARVESTING.— 


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1 ‘‘(A) LIMITATION.—No particular indi2 vidual, corporation, or other entity may harvest, 

3 through a fishery cooperative or otherwise, a 

4 percentage of the pollock available to be har5 vested in the directed pollock fishery that ex6 ceeds the percentage established for purposes of 

7 this paragraph by the North Pacific Fishery 

8 Management Council. 

9 ‘‘(B) MAXIMUM PERCENTAGE.—The per10 centage established by the North Pacific Fish11 ery Management Council shall not exceed 24 

12 percent of the pollock available to be harvested 

13 in the directed pollock fishery.’’. 

14 SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA. 

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

16 at the end the following: 

17 ‘‘(k) ARCTIC COMMUNITY DEVELOPMENT QUOTA.— 

18 If the North Pacific Fishery Management Council issues 

19 a fishery management plan for the exclusive economic zone 

20 in the Arctic Ocean, or an amendment to the Fishery 

21 Management Plan for Fish Resources of the Arctic Man22 agement Area issued by such Council, that makes avail23 able to commercial fishing, and establishes a sustainable 

24 harvest level, for any part of such zone, the Council shall 

25 set aside not less than 10 percent of the total allowable 


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1 catch therein as a community development quota for 

2 coastal villages located north and east of the Bering 

3 Strait.’’. 

4 SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST 

5 ALLOCATION. 

6 (a) REALLOCATION.—Notwithstanding any other 

7 provision of law, each year upon receipt by the Secretary 

8 of Commerce (referred to in this section as the ‘‘Sec9 retary’’) of written notice from the allocation holder 

10 named in section 803 of division B of the Consolidated 

11 Appropriations Act, 2004 (Public Law 108–199, 16 

12 U.S.C. 1851 note) that such holder will not harvest all 

13 or a part of the allocation authorized pursuant to that Act, 

14 the Secretary shall reallocate for that year the unused por15 tion of such allocation to the Bering Sea subarea of the 

16 BSAI (as defined in section 679.2 of title 50, Code of Fed17 eral Regulations) and shall assign the reallocated unused 

18 portion of the allocation only to eligible vessels as de19 scribed in subsection (b)(1) for harvest in the Bering Sea 

20 subarea of the BSAI, consistent with any agreements as 

21 described in subsection (c). 

22 (b) ELIGIBILITY TO RECEIVE REALLOCATION.— 

23 (1) IN GENERAL.—Only vessels defined in sub24 section (a), (b), (c), or (e) of section 208 of the 

25 American Fisheries Act (16 U.S.C. 1851 note), or 


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1 any vessels authorized to replace such vessels, may 

2 receive a reallocation described in subsection (a). 

3 (2) LIMITATION ON REALLOCATIONS.—The 

4 Secretary shall not reallocate the allocation de5 scribed in subsection (a) in any year if such realloca6 tion exceeds the annual catch limit for pollock in the 

7 Bering Sea subarea of the BSAI. 

8 (3) CALCULATIONS.—Any amount of the re9 allocation described in subsection (a) shall not be 

10 used in the calculation of harvesting or processing 

11 excessive shares as described in section 210(e) of the 

12 American Fisheries Act (16 U.S.C. 1851 note). 

13 (4) CONDITIONS.—In any year, the assignment, 

14 transfer, or reallocation shall not violate the require15 ments of section 206(b) of the American Fisheries 

16 Act (title II of the division C of Public Law 105– 

17 277; 16 U.S.C. 1851 note). 

18 (c) AGREEMENTS.— 

19 (1) IN GENERAL.—Each year, the allocation 

20 holder named in section 803(a) of division B of the 

21 Consolidated Appropriations Act, 2004 (Public Law 

22 108–199, 16 U.S.C. 1851 note) may establish one or 

23 more agreements with the owners of some or all of 

24 the eligible vessels as defined in subsection (b)(1). 


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1 (2) REQUIREMENTS.—Each agreement de2 scribed in paragraph (1)— 

3 (A) shall specify those eligible vessels that 

4 may receive a reallocation and the amount of 

5 reallocation that such vessels may receive in ac6 cordance with subsection (b)(2); and 

7 (B) may contain other requirements or 

8 compensation agreed to by the allocation holder 

9 named in section 803 of division B of the Con10 solidated Appropriations Act, 2004 (Public Law 

11 108–199, 16 U.S.C. 1851 note) and the owners 

12 of such eligible vessels, provided such require13 ments or compensation are otherwise consistent 

14 with the American Fisheries Act (16 U.S.C. 

15 1851 note), the Magnuson-Stevens Fishery 

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

17 1801 et seq.), and any other applicable law. 

18 (d) EXISTING AUTHORITY.—Except for the measures 

19 required by this section, nothing in this section shall be 

20 construed to limit the authority of the North Pacific Fish21 ery Management Council or the Secretary under the 

22 American Fisheries Act (16 U.S.C. 1851 note), the Mag23 nuson-Stevens Fishery Conservation and Management Act 

24 (16 U.S.C. 1801 et seq.), or other applicable law. 


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1 (e) ENFORCEMENT.—Taking or processing any part 

2 of the allocation made by section 803 of division B of the 

3 Consolidated Appropriations Act, 2004 (Public Law 108– 

4 199, 16 U.S.C. 1851 note), and reallocated under this sec5 tion in a manner that is not consistent with the realloca6 tion authorized by the Secretary shall be considered in vio7 lation of section 307 of the Magnuson-Stevens Fishery 

8 Conservation and Management Act (16 U.S.C. 1857) and 

9 subject to the penalties and sanctions under section 308 

10 of such Act (16 U.S.C. 1858), and subject to the forfeiture 

11 of any fish harvested or processed. 

12 (f) CLARIFICATIONS.— 

13 (1) AMENDMENT.—Subsection (c) of section 

14 803 of division B of the Consolidated Appropriations 

15 Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 

16 note) is amended by striking ‘‘during the years 2004 

17 through 2008’’. 

18 (2) PURPOSE OF REALLOCATION.—Consistent 

19 with subsection (d) of section 803 of division B of 

20 the Consolidated Appropriations Act, 2004 (Public 

21 Law 108–199, 16 U.S.C. 1851 note), the realloca22 tion of the unused portion of the allocation provided 

23 to the allocation holder named in subsection (a) of 

24 such section for harvest in the Bering Sea subarea 

25 of the BSAI is for the purposes of economic developVerDate Sep 11 2014 20:53 Jul 12, 2018 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H200.RFS H200

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1 ment in Adak, Alaska pursuant to the requirements 

2 of the Magnuson-Stevens Fishery Conservation and 

3 Management Act (16 U.S.C. 1801 et seq.). 

4 SEC. 407. COMMUNITY DEVELOPMENT QUOTA PROGRAM 

5 PANEL VOTING PROCEDURES. 

6 Section 305(i)(1)(G)(iv) (16 U.S.C. 

7 1855(i)(1)(G)(iv)) is amended to read as follows: 

8 ‘‘(iv) VOTING REQUIREMENT.—The 

9 panel may act only by the affirmative vote 

10 of five of its members.’’. 

11 SEC. 408. PROHIBITION ON SHARK FEEDING OFF COAST OF 

12 FLORIDA. 

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

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

15 the following: 

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

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

18 ‘‘(b) PROHIBITION ON SHARK FEEDING OFF COAST

19 OF FLORIDA.— 

20 ‘‘(1) IN GENERAL.—It is unlawful— 

21 ‘‘(A) for any diver to engage in shark feed22 ing in covered waters; and 

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

24 hire for the purpose of carrying a passenger to 

25 a site if such person knew or should have 


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1 known that the passenger intended, at that site, 

2 to be a diver— 

3 ‘‘(i) engaged in shark feeding in cov4 ered waters; or 

5 ‘‘(ii) engaged in observing shark feed6 ing in covered waters. 

7 ‘‘(2) DEFINITIONS.—For purposes of this sub8 section: 

9 ‘‘(A) COVERED WATERS.—The term ‘cov10 ered waters’ means Federal waters off the coast 

11 of Florida. 

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

13 person who is wholly or partially submerged in 

14 covered water and is equipped with a face 

15 mask, face mask and snorkel, or underwater 

16 breathing apparatus. 

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

18 feeding’ means— 

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

20 other substance into covered water for the 

21 purpose of feeding or attracting sharks; or 

22 ‘‘(ii) presenting food or any other sub23 stance to a shark for the purpose of feed24 ing or attracting sharks. 


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

2 apply to shark feeding conducted— 

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

4 or government agency for research purposes; or 

5 ‘‘(B) for the purpose of harvesting 

6 sharks.’’. 

7 SEC. 409. RESTORATION OF HISTORICALLY FRESHWATER 

8 ENVIRONMENT. 

9 Section 3(10) (16 U.S.C. 1802) is amended— 

10 (1) by inserting a comma after ‘‘feeding’’; and 

11 (2) by inserting the following: ‘‘except that such 

12 term— 

13 ‘‘(A) does not include an area that— 

14 ‘‘(i) was previously covered by land or 

15 a fresh water environment; and 

16 ‘‘(ii) is in a State where the average 

17 annual land loss of such State during the 

18 20 years before the date of the enactment 

19 of the Strengthening Fishing Communities 

20 and Increasing Flexibility in Fisheries 

21 Management Act exceeds 10 square miles; 

22 and 

23 ‘‘(B) does not apply with respect to a 

24 project undertaken by a State or local govern25 ment with the purpose of restoration or protecVerDate Sep 11 2014 20:53 Jul 12, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H200.RFS H200

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1 tion of an area described in subparagraph 

2 (A).’’. 

3 TITLE V—MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 501. MITIGATION FOR IMPACTS TO SUBMERGED 

6 AQUATIC VEGETATION. 

7 Requirements to conserve or to provide compensatory 

8 mitigation for impacts to submerged aquatic vegetation 

9 under section 305(b) of the Magnuson-Stevens Fishery 

10 Conservation and Management Act (16 U.S.C. 1855(b)) 

11 shall not apply when a non-Federal entity conducts main12 tenance dredging for an authorized Federal navigation 

13 project on an inland waterway, inlet, or harbor located in 

14 North Carolina, South Carolina, Georgia, or Florida pur15 suant to a permit issued under section 404 of the Federal 

16 Water Pollution Control Act (33 U.S.C. 1344) or section 

17 10 of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 

18 1151, chapter 425). 

19 SEC. 502. REPORT ON LIMITED ACCESS PRIVILEGE PRO20 GRAMS AND CONFLICTS OF INTEREST WITH 

21 RESPECT TO GULF OF MEXICO AND SOUTH 

22 ATLANTIC OCEAN RED SNAPPER. 

23 (a) STUDY.—No later than 90 days after the date 

24 of the enactment of this Act, the Comptroller General of 


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1 the United States shall submit to the Congress a report 

2 on— 

3 (1) the resource rent of limited access privilege 

4 programs for red snapper in the Gulf of Mexico and 

5 the South Atlantic Ocean; 

6 (2) how to reclaim resource rent for red snap7 per in the Gulf of Mexico and the South Atlantic 

8 Ocean as revenue to the United States Treasury; 

9 and 

10 (3) the fiduciary conflicts of interest in the Gulf 

11 of Mexico Fishery Management Council and the 

12 South Atlantic Fishery Management Council relating 

13 to red snapper, and effective ways to eliminate such 

14 conflicts. 

15 (b) LIMITATION.—In implementing this section the 

16 Comptroller General shall not consider— 

17 (1) fisheries programs in any region other than 

18 the Gulf of Mexico and the South Atlantic Ocean; 

19 and 

20 (2) fisheries management programs for species 

21 other than red snapper. 


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1 SEC. 503. PLAN FOR ELECTRONIC MONITORING AND RE2 PORTING PROCEDURES FOR THE NORTH3 EAST MULTISPECIES FISHERY. 

4 The Secretary, acting through the National Oceanic 

5 and Atmospheric Administration, shall submit a plan to 

6 the Committee on Natural Resources of the House of Rep7 resentatives and the Committee on Commerce, Science, 

8 and Transportation of the Senate not less than 180 days 

9 after the date of the enactment of this Act that will estab10 lish fully operational electronic monitoring and reporting 

11 procedures for the Northeast Multispecies Fishery by not 

12 later than September 30, 2021. The plan shall include the 

13 proposal of the National Oceanic and Atmospheric Admin14 istration to cover vessel equipment and installation costs, 

15 with daily, half-day, or quarter-day operational costs to 

16 be borne by the fishing vessels. 

17 SEC. 504. STUDY OF FEES CHARGED TO LOBSTER FISHING 

18 INDUSTRY. 

19 Not later than 6 months after the date of the enact20 ment of this Act, the Secretary of Commerce, acting 

21 through the National Oceanic and Atmospheric Adminis22 tration, shall study and report to the Congress on all fees 

23 imposed by such Administration on the lobster fishing in24 dustry. 


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1 SEC. 505. LIMITATION ON APPLICATION OF PROHIBITION 

2 ON ATLANTIC STRIPED BASS FISHING IN 

3 BLOCK ISLAND SOUND TRANSIT ZONE. 

4 Any prohibition on fishing for Atlantic striped bass 

5 in the Exclusive Economic Zone of the United States im6 posed under Executive Order No. 13449 or section 

7 697.7(b) of title 50, Code of Federal Regulations, shall 

8 not apply in the area described in section 697.7(b)(3) of 

9 title 50, Code of Federal Regulations, commonly referred 

10 to as the Block Island Sound transit zone. 

11 SEC. 506. FUNDING FOR MONITORING IMPLEMENTATION 

12 OF NORTHEAST MULTISPECIES FISHERY 

13 MANAGEMENT PLAN. 

14 Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended 

15 by striking ‘‘pursuant to this section’’ and all that follows 

16 through the end of the sentence and inserting ‘‘to enforce 

17 and monitor (including electronic monitoring) implementa18 tion of that Plan.’’. 

19 TITLE VI—REEF ASSASSIN ACT 

20 SEC. 601. SHORT TITLE. 

21 This title may be cited as the ‘‘Reef Assassin Act’’. 

22 SEC. 602. ENCOURAGING ELIMINATION OF LIONFISH. 

23 (a) IN GENERAL.—Title III of the Magnuson-Stevens 

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

25 1851 et seq.) is amended by adding at the end the fol26 lowing: 


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1 ‘‘SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH. 

2 ‘‘(a) IN GENERAL.—Subject to the approval of an ex3 empted fishing permit submitted by a participating State, 

4 the Secretary shall issue regulations under which a partici5 pating State may issue to an individual submitting lionfish 

6 taken in Federal or State waters a tag authorizing the 

7 taking of a fish of a covered species in Federal waters 

8 in addition to any other fish of that species the individual 

9 is authorized to take in Federal waters. 

10 ‘‘(b) REQUIREMENTS FOR ISSUANCE OF TAG.—The 

11 regulations shall require— 

12 ‘‘(1) the submission of 100 lionfish for each tag 

13 issued; 

14 ‘‘(2) that lionfish taken in State waters must be 

15 taken by an individual holding a valid license to en16 gage in such fishing issued under the laws of such 

17 State; and 

18 ‘‘(3) that each lionfish shall be submitted by re19 moving the tail, placing it in a resealable plastic bag, 

20 and submitting such bag to a participating State be21 fore the tail has significantly deteriorated. 

22 ‘‘(c) NO LIMITATION ON NUMBER OF TAGS.—The 

23 regulations shall not limit the number of tags that may 

24 be issued to an individual. 

25 ‘‘(d) USE OF TAGS.—The regulations shall provide 

26 that a tag issued under the regulations— 


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1 ‘‘(1) shall be valid for the 5-year period begin2 ning on the date it is issued; 

3 ‘‘(2) shall authorize only the recreational or 

4 commercial taking of a fish that complies with any 

5 size limit that otherwise applies to fishing for such 

6 fish in the waters in which it is taken; 

7 ‘‘(3) shall authorize such taking without regard 

8 to any seasonal limitation that otherwise applies to 

9 the species of fish taken; 

10 ‘‘(4) shall authorize— 

11 ‘‘(A) the transfer of tags to any other per12 son; and 

13 ‘‘(B) use of transferred tags in the same 

14 manner as such tags may be used by the person 

15 to whom the tags were issued; 

16 ‘‘(5) shall require that any fish taken under 

17 such tag outside any seasonal limitation that other18 wise applies to such fish must have the tag fastened 

19 between the mouth and gill before being placed in 

20 any cooler; and 

21 ‘‘(6) shall only be utilized for species caught in 

22 the same water adjacent a State where the lionfish 

23 were originally caught. 

24 ‘‘(e) APPROVAL OF STATE TO PARTICIPATE.— 


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1 ‘‘(1) CONDITIONS.—The regulations shall re2 quire that as a condition of approving a State to 

3 issue tags under this section the Secretary shall re4 quire the State to designate a repository for lionfish 

5 submitted for such tags. 

6 ‘‘(2) PROVISION OF FREEZER.—The Secretary 

7 shall provide to each participating State freezers in 

8 which to store submitted lionfish, at a cost of not 

9 more than $500 for each freezer. 

10 ‘‘(f) ADDITIONAL REQUIREMENTS.—The Secretary 

11 shall— 

12 ‘‘(1) encourage participating States to use ex13 isting infrastructure and staff or volunteers to con14 duct the State’s program under this section; 

15 ‘‘(2) include on the webpage of the National 

16 Marine Fisheries Service information about the pro17 gram under this section; and 

18 ‘‘(3) encourage State and local governments to 

19 work with retailers and distributors to advance the 

20 purchasing and consumption of lionfish. 

21 ‘‘(g) OTHER PROVISIONS NOT AFFECTED.— 

22 ‘‘(1) IN GENERAL.—This section— 

23 ‘‘(A) is intended to protect species of fish 

24 that are native to waters of the United States 

25 or the exclusive economic zone; and 


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1 ‘‘(B) shall not be construed to constrain 

2 any fishery, fishing quota, or fishing allocation. 

3 ‘‘(2) LIMITATION ON CONSIDERATION OF

4 TAGS.—This section and tags issued or authorized to 

5 be issued under this section shall not be considered 

6 in any determination of fishing levels, quotas, or al7 locations. 

8 ‘‘(h) DEFINITION.—In this section— 

9 ‘‘(1) the term ‘covered fish’— 

10 ‘‘(A) except as provided in subparagraph 

11 (B), means red snapper, gag grouper, 

12 triggerfish, amberjack; and 

13 ‘‘(B) does not include any species included 

14 in a list of endangered species or threatened 

15 species under the Endangered Species Act of 

16 1973 (16 U.S.C. 1531 et seq.); and 

17 ‘‘(2) the term ‘participating State’ means a 

18 State that has applied and been approved by the 

19 Secretary to issue tags under regulations under this 

20 section.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in the first section of such Act is amended by adding at 

23 the end of the items relating to title III the following: 

‘‘Sec. 301. Encouraging elimination of lionfish.’’. 

24 (c) DEADLINE FOR REGULATIONS.—The Secretary of 

25 Commerce shall issue regulations under the amendment 


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1 made by subsection (a) by not later than 60 days after 

2 the approval of an exempted fishing permit submitted by 

3 a participating State. 

4 (d) RESTRICTION.—Nothing in section 321 shall be 

5 construed as to allow for the transfer of fisheries alloca6 tion or catch among the various States. 

Passed the House of Representatives July 11, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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