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

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115th CONGRESS
  2d Session
                                H. R. 200

_______________________________________________________________________

                                 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.

    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.
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.
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.

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-use 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
                    ``(B) annual catch limits for each year in any 
                continuous period that is not more than 3 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 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.
                            ``(iii) 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.
                            ``(iv) 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-use 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) Publication.--The Secretary of Commerce shall make available on 
the Internet Website of the National Oceanic and Atmospheric 
Administration the report required under the amendment made by 
subsection (a) by not later than 1 year after the date of the 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.

SEC. 210. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY AND STUDY.

    (a) Industry-Based Pilot Study.--Within 1 year after the date of 
the enactment of this Act, the Secretary of Commerce shall, in 
coordination with the relevant Councils selected by the Secretary and 
the Northeast Area Monitoring and Assessment Program (NEAMAP), develop 
a fishing industry-based Northeast regional pilot research trawl survey 
and study to enhance and provide improvement to current National 
Oceanic and Atmospheric Administration vessel trawl surveys.
    (b) Components.--Under the pilot survey and study--
            (1) the Secretary--
                    (A) may select fishing industry vessels to 
                participate in the study by issuing a request for 
                procurement;
                    (B) may use the NEAMAP Southern New England/Mid-
                Atlantic Nearshore Trawl Survey as a model for the 
                pilot survey; and
                    (C) shall outfit participating vessels with a peer-
                reviewed net configuration; and
            (2) the selected Councils shall, in partnership with the 
        National Marine Fisheries Service Northeast Fisheries Science 
        Center and the Virginia Institute of Marine Science, collect 
        data and evaluate discrepancies between fishing industry vessel 
        data and National Oceanic and Atmospheric Administration vessel 
        data, for 5 years.
    (b) Report.--Upon completion of the pilot survey and study, the 
Secretary and the selected Councils shall submit a detailed report on 
the results of the pilot survey and study to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

          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).''.

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) Objections.--If the relevant Council, the Interstate Marine 
Fisheries Commission, or the fish and wildlife agency of an affected 
State objects to 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 Regional Administrator of the National 
Marine Fisheries Service who issued such exempted fishing permit shall 
respond to such entity in writing detailing why such exempted fishing 
permit was issued.
    (b) 12-Month Finding.--At the end of the 12-month period beginning 
on the date the exempted fishing permit is issued under section 600.745 
of title 50, Code of Federal Regulations, or any successor regulation, 
the Council that prepared the fishery management plan, or the Secretary 
in the case of a fishery management plan prepared and implemented by 
the Secretary, shall review the exempted fishing permit and determine 
whether any unintended negative impacts have occurred that would 
warrant the discontinuation of the permit.
    (c) 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.
    (d) Savings Provision.--Except for subsection (b), 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 the 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 1 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. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT.

    (a) In General.--Section 407 (16 U.S.C. 1883) is amended to read as 
follows:

``SEC. 407. CERTIFICATION OF STATE SURVEYS.

    ``(a) Submission.--A Gulf State that conducts a marine recreational 
fisheries statistical 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.
    ``(b) Certification Standards.--Not later than 90 days after the 
date of enactment of the Strengthening Fishing Communities and 
Increasing Flexibility in Fisheries Management Act, the Secretary shall 
establish and provide the Gulf States with standards for certifying 
State marine recreational fisheries statistical surveys that shall--
            ``(1) ensure that State marine recreational fisheries 
        statistical surveys are appropriately pilot tested, 
        independently peer reviewed, and endorsed for implementation by 
        the reviewers;
            ``(2) use designs consistent with accepted survey sampling 
        practices; and
            ``(3) minimize the potential for bias and known sources of 
        survey error.
    ``(c) Certification.--
            ``(1) In general.--The Secretary shall make a certification 
        or a denial of certification for any marine recreational 
        fisheries statistical survey submitted under subsection (a) not 
        later than the end of the 6-month period beginning on the date 
        that the survey and information needed to evaluate the survey 
        under the standards established under subsection (b) are 
        submitted.
            ``(2) Timing.--In the case of a certification request from 
        a Gulf State, the Secretary shall begin evaluation of the 
        request upon receipt of all information necessary to make a 
        determination consistent with the standards set forth under 
        subsection (b).
            ``(3) Deemed certified.--A marine recreational fisheries 
        statistical survey shall be deemed to be certified effective 
        upon the expiration of the 6-month period described in 
        paragraph (1) if the Secretary has not made a certification or 
        denial of certification.
    ``(d) Modification of Surveys Denied Certification.--
            ``(1) In general.--If a marine recreational fisheries 
        statistical survey of a Gulf State is denied certification 
        under subsection (c), 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.
            ``(2) Proposal.--A proposal provided to a Gulf State for a 
        survey under paragraph (1)--
                    ``(A) shall be specific to the survey submitted by 
                such Gulf State and may not be construed to apply to 
                any other Gulf State;
                    ``(B) shall require revision to the fewest possible 
                provisions of the survey; and
                    ``(C) may not unduly burden the ability of such 
                Gulf State to revise the survey.
            ``(3) Modified survey.--
                    ``(A) Authority to submit.--If a marine 
                recreational fisheries statistical survey of a Gulf 
                State was denied certification under subsection (c), 
                the Gulf State may modify the survey and submit the 
                modified survey to the Secretary for certification or 
                denial of certification.
                    ``(B) 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.
                    ``(C) Deemed certified.--A modified survey is 
                deemed to be certified effective upon the expiration of 
                the period described in subparagraph (B) if the 
                Secretary has not made a certification or denial of 
                certification.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by striking the item relating to section 407 and inserting 
the following:

``Sec. 407. Certification of State surveys.''.

              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.--Notwithstanding any other provision of law, each 
year upon receipt by the Secretary of Commerce (referred to in this 
section as the ``Secretary'') of written notice from the allocation 
holder named in section 803 of division B of the Consolidated 
Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) that 
such holder will not harvest all or a part of the allocation authorized 
pursuant to that Act, the Secretary shall reallocate for that year the 
unused portion of such allocation to the Bering Sea subarea of the BSAI 
(as defined in section 679.2 of title 50, Code of Federal Regulations) 
and shall assign the reallocated unused portion of the allocation only 
to eligible vessels as described in subsection (b)(1) for harvest in 
the Bering Sea subarea of the BSAI, consistent with any agreements as 
described in subsection (c).
    (b) Eligibility to Receive Reallocation.--
            (1) In general.--Only vessels defined in subsection (a), 
        (b), (c), or (e) of section 208 of the American Fisheries Act 
        (16 U.S.C. 1851 note), or any vessels authorized to replace 
        such vessels, may receive a reallocation described in 
        subsection (a).
            (2) Limitation on reallocations.--The Secretary shall not 
        reallocate the allocation described in subsection (a) in any 
        year if such reallocation exceeds the annual catch limit for 
        pollock in the Bering Sea subarea of the BSAI.
            (3) Calculations.--Any amount of the reallocation described 
        in subsection (a) shall not be used in the calculation of 
        harvesting or processing excessive shares as described in 
        section 210(e) of the American Fisheries Act (16 U.S.C. 1851 
        note).
            (4) Conditions.--In any year, the assignment, transfer, or 
        reallocation shall not violate the requirements of section 
        206(b) of the American Fisheries Act (title II of the division 
        C of Public Law 105-277; 16 U.S.C. 1851 note).
    (c) Agreements.--
            (1) In general.--Each year, the allocation holder named in 
        section 803(a) of division B of the Consolidated Appropriations 
        Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) may 
        establish one or more agreements with the owners of some or all 
        of the eligible vessels as defined in subsection (b)(1).
            (2) Requirements.--Each agreement described in paragraph 
        (1)--
                    (A) shall specify those eligible vessels that may 
                receive a reallocation and the amount of reallocation 
                that such vessels may receive in accordance with 
                subsection (b)(2); and
                    (B) may contain other requirements or compensation 
                agreed to by the allocation holder named in section 803 
                of division B of the Consolidated Appropriations Act, 
                2004 (Public Law 108-199, 16 U.S.C. 1851 note) and the 
                owners of such eligible vessels, provided such 
                requirements or compensation are otherwise consistent 
                with the American Fisheries Act (16 U.S.C. 1851 note), 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), and any other 
                applicable law.
    (d) Existing Authority.--Except for the measures required by this 
section, nothing in this section shall be construed to limit the 
authority of the North Pacific Fishery Management Council or the 
Secretary under the American Fisheries Act (16 U.S.C. 1851 note), the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.), or other applicable law.
    (e) Enforcement.--Taking or processing any part of the allocation 
made by section 803 of division B of the Consolidated Appropriations 
Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note), and reallocated 
under this section in a manner that is not consistent with the 
reallocation authorized by the Secretary 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 subject 
to the forfeiture of any fish harvested or processed.
    (f) Clarifications.--
            (1) Amendment.--Subsection (c) of section 803 of division B 
        of the Consolidated Appropriations Act, 2004 (Public Law 108-
        199, 16 U.S.C. 1851 note) is amended by striking ``during the 
        years 2004 through 2008''.
            (2) Purpose of reallocation.--Consistent with subsection 
        (d) of section 803 of division B of the Consolidated 
        Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 
        note), the reallocation of the unused portion of the allocation 
        provided to the allocation holder named in subsection (a) of 
        such section for harvest in the Bering Sea subarea of the BSAI 
        is for the purposes of economic development in Adak, Alaska 
        pursuant to the requirements of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 407. COMMUNITY DEVELOPMENT QUOTA PROGRAM PANEL VOTING PROCEDURES.

    Section 305(i)(1)(G)(iv) (16 U.S.C. 1855(i)(1)(G)(iv)) is amended 
to read as follows:
                            ``(iv) Voting requirement.--The panel may 
                        act only by the affirmative vote of five of its 
                        members.''.

SEC. 408. 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. 409. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT.

    Section 3(10) (16 U.S.C. 1802) is amended--
            (1) by inserting a comma after ``feeding''; and
            (2) by inserting the following: ``except that such term--
                    ``(A) does not include an area that--
                            ``(i) was previously covered by land or a 
                        fresh water environment; and
                            ``(ii) is 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; and
                    ``(B) does not apply with respect to a project 
                undertaken by a State or local government with the 
                purpose of restoration or protection of an area 
                described in subparagraph (A).''.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. MITIGATION FOR IMPACTS TO SUBMERGED AQUATIC VEGETATION.

    Requirements to conserve or to provide compensatory mitigation for 
impacts to submerged aquatic vegetation under section 305(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1855(b)) shall not apply when a non-Federal entity conducts maintenance 
dredging for an authorized Federal navigation project on an inland 
waterway, inlet, or harbor located in North Carolina, South Carolina, 
Georgia, or Florida pursuant to a permit issued under section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 
of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 1151, chapter 
425).

SEC. 502. REPORT ON LIMITED ACCESS PRIVILEGE PROGRAMS AND CONFLICTS OF 
              INTEREST WITH RESPECT TO GULF OF MEXICO AND SOUTH 
              ATLANTIC OCEAN RED SNAPPER.

    (a) Study.--No later than 90 days after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Congress a report on--
            (1) the resource rent of limited access privilege programs 
        for red snapper in the Gulf of Mexico and the South Atlantic 
        Ocean;
            (2) how to reclaim resource rent for red snapper in the 
        Gulf of Mexico and the South Atlantic Ocean as revenue to the 
        United States Treasury; and
            (3) the fiduciary conflicts of interest in the Gulf of 
        Mexico Fishery Management Council and the South Atlantic 
        Fishery Management Council relating to red snapper, and 
        effective ways to eliminate such conflicts.
    (b) Limitation.--In implementing this section the Comptroller 
General shall not consider--
            (1) fisheries programs in any region other than the Gulf of 
        Mexico and the South Atlantic Ocean; and
            (2) fisheries management programs for species other than 
        red snapper.

SEC. 503. PLAN FOR ELECTRONIC MONITORING AND REPORTING PROCEDURES FOR 
              THE NORTHEAST MULTISPECIES FISHERY.

    The Secretary, acting through the National Oceanic and Atmospheric 
Administration, shall submit a plan to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not less than 180 
days after the date of the enactment of this Act that will establish 
fully operational electronic monitoring and reporting procedures for 
the Northeast Multispecies Fishery by not later than September 30, 
2021. The plan shall include the proposal of the National Oceanic and 
Atmospheric Administration to cover vessel equipment and installation 
costs, with daily, half-day, or quarter-day operational costs to be 
borne by the fishing vessels.

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

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Commerce, acting through the National Oceanic and 
Atmospheric Administration, shall study and report to the Congress on 
all fees imposed by such Administration on the lobster fishing 
industry.

SEC. 505. LIMITATION ON APPLICATION OF PROHIBITION ON ATLANTIC STRIPED 
              BASS FISHING IN BLOCK ISLAND SOUND TRANSIT ZONE.

    Any prohibition on fishing for Atlantic striped bass in the 
Exclusive Economic Zone of the United States imposed under Executive 
Order No. 13449 or section 697.7(b) of title 50, Code of Federal 
Regulations, shall not apply in the area described in section 
697.7(b)(3) of title 50, Code of Federal Regulations, commonly referred 
to as the Block Island Sound transit zone.

SEC. 506. FUNDING FOR MONITORING IMPLEMENTATION OF NORTHEAST 
              MULTISPECIES FISHERY MANAGEMENT PLAN.

    Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking 
``pursuant to this section'' and all that follows through the end of 
the sentence and inserting ``to enforce and monitor (including 
electronic monitoring) implementation of that Plan.''.

                      TITLE VI--REEF ASSASSIN ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Reef Assassin Act''.

SEC. 602. ENCOURAGING ELIMINATION OF LIONFISH.

    (a) In General.--Title III of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by 
adding at the end the following:

``SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH.

    ``(a) In General.--Subject to the approval of an exempted fishing 
permit submitted by a participating State, the Secretary shall issue 
regulations under which a participating State may issue to an 
individual submitting lionfish taken in Federal or State waters a tag 
authorizing the taking of a fish of a covered species in Federal waters 
in addition to any other fish of that species the individual is 
authorized to take in Federal waters.
    ``(b) Requirements for Issuance of Tag.--The regulations shall 
require--
            ``(1) the submission of 100 lionfish for each tag issued;
            ``(2) that lionfish taken in State waters must be taken by 
        an individual holding a valid license to engage in such fishing 
        issued under the laws of such State; and
            ``(3) that each lionfish shall be submitted by removing the 
        tail, placing it in a resealable plastic bag, and submitting 
        such bag to a participating State before the tail has 
        significantly deteriorated.
    ``(c) No Limitation on Number of Tags.--The regulations shall not 
limit the number of tags that may be issued to an individual.
    ``(d) Use of Tags.--The regulations shall provide that a tag issued 
under the regulations--
            ``(1) shall be valid for the 5-year period beginning on the 
        date it is issued;
            ``(2) shall authorize only the recreational or commercial 
        taking of a fish that complies with any size limit that 
        otherwise applies to fishing for such fish in the waters in 
        which it is taken;
            ``(3) shall authorize such taking without regard to any 
        seasonal limitation that otherwise applies to the species of 
        fish taken;
            ``(4) shall authorize--
                    ``(A) the transfer of tags to any other person; and
                    ``(B) use of transferred tags in the same manner as 
                such tags may be used by the person to whom the tags 
                were issued;
            ``(5) shall require that any fish taken under such tag 
        outside any seasonal limitation that otherwise applies to such 
        fish must have the tag fastened between the mouth and gill 
        before being placed in any cooler; and
            ``(6) shall only be utilized for species caught in the same 
        water adjacent a State where the lionfish were originally 
        caught.
    ``(e) Approval of State To Participate.--
            ``(1) Conditions.--The regulations shall require that as a 
        condition of approving a State to issue tags under this section 
        the Secretary shall require the State to designate a repository 
        for lionfish submitted for such tags.
            ``(2) Provision of freezer.--The Secretary shall provide to 
        each participating State freezers in which to store submitted 
        lionfish, at a cost of not more than $500 for each freezer.
    ``(f) Additional Requirements.--The Secretary shall--
            ``(1) encourage participating States to use existing 
        infrastructure and staff or volunteers to conduct the State's 
        program under this section;
            ``(2) include on the webpage of the National Marine 
        Fisheries Service information about the program under this 
        section; and
            ``(3) encourage State and local governments to work with 
        retailers and distributors to advance the purchasing and 
        consumption of lionfish.
    ``(g) Other Provisions Not Affected.--
            ``(1) In general.--This section--
                    ``(A) is intended to protect species of fish that 
                are native to waters of the United States or the 
                exclusive economic zone; and
                    ``(B) shall not be construed to constrain any 
                fishery, fishing quota, or fishing allocation.
            ``(2) Limitation on consideration of tags.--This section 
        and tags issued or authorized to be issued under this section 
        shall not be considered in any determination of fishing levels, 
        quotas, or allocations.
    ``(h) Definition.--In this section--
            ``(1) the term `covered fish'--
                    ``(A) except as provided in subparagraph (B), means 
                red snapper, gag grouper, triggerfish, amberjack; and
                    ``(B) does not include any species included in a 
                list of endangered species or threatened species under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.); and
            ``(2) the term `participating State' means a State that has 
        applied and been approved by the Secretary to issue tags under 
        regulations under this section.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by adding at the end of the items relating to 
title III the following:

``Sec. 301. Encouraging elimination of lionfish.''.
    (c) Deadline for Regulations.--The Secretary of Commerce shall 
issue regulations under the amendment made by subsection (a) by not 
later than 60 days after the approval of an exempted fishing permit 
submitted by a participating State.
    (d) Restriction.--Nothing in section 321 shall be construed as to 
allow for the transfer of fisheries allocation or catch among the 
various States.

            Passed the House of Representatives July 11, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 200

_______________________________________________________________________

                                 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.
```