II 

Calendar No. 697 

114TH CONGRESS 

2D SESSION S. 1403 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to promote sustainable conservation and management for the Gulf of 

Mexico and South Atlantic fisheries and the communities that rely on 

them, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2015 

Mr. RUBIO (for himself and Mr. NELSON) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

DECEMBER 5, 2016 

Reported by Mr. THUNE, with an amendment 

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

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act to promote sustainable conservation 

and management for the Gulf of Mexico and South Atlantic fisheries and the communities that rely on them, 

and for other purposes. 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Florida Fisheries Improvement Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. 

TITLE I—CONSERVATION AND MANAGEMENT 

Sec. 101. Regional fishery management councils. 

Sec. 102. Contents of fishery management plans. 

Sec. 103. Rebuilding overfished and depleted fisheries. 

Sec. 104. Funding for stock assessments, surveys, and data collection. 

Sec. 105. Capital construction. 

Sec. 106. Fisheries disaster relief. 

Sec. 107. Regional fishery conservation and management authorities. 

Sec. 108. Study of allocations in mixed-use fisheries. 

TITLE II—FISHERY INFORMATION, RESEARCH, AND 

DEVELOPMENT 

Sec. 201. Fisheries research. 

Sec. 202. Improving science. 

Sec. 203. Focusing assets for improved fisheries outcomes. 

Sec. 204. Gulf of Mexico red snapper catch limits; repeal. 

6 SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISH7 ERY CONSERVATION AND MANAGEMENT ACT. 

8 Except as otherwise expressly provided, wherever in 

9 this Act an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of the Magnuson-Stevens Fish13 ery Conservation and Management Act (16 U.S.C. 1801 

14 et seq.). 


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1 TITLE I—CONSERVATION AND 

2 MANAGEMENT 

3 SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS. 

4 (a) VOTING MEMBERS.—Section 302(b)(2)(D) (16 

5 U.S.C. 1852(b)(2)(D)) is amended— 

6 (1) in clause (i)— 

7 (A) by striking ‘‘Fisheries’’ and inserting 

8 ‘‘Fishery’’; and 

9 (B) by inserting ‘‘or the South Atlantic 

10 Fishery Management Council’’ after ‘‘Manage11 ment Council’’; and 

12 (2) by striking clause (iv). 

13 (b) COMMITTEES AND ADVISORY PANELS.—Section 

14 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to 

15 read as follows: 

16 ‘‘(B) Each scientific and statistical committee 

17 shall— 

18 ‘‘(i) provide its Council ongoing scientific 

19 advice for fishery management decisions, in20 cluding recommendations for acceptable biologi21 cal catch, preventing overfishing, maximum sus22 tainable yield, achieving rebuilding targets, and 

23 reports on stock status and health, bycatch, 

24 habitat status, social and economic impacts of 


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1 management measures, and sustainability of 

2 fishing practices; and 

3 ‘‘(ii) carry out the requirements of this 

4 subparagraph in a transparent manner, allow5 ing for public involvement in the process.’’. 

6 (c) FUNCTIONS.—Section 302(h) (16 U.S.C. 

7 1852(h)) is amended— 

8 (1) in paragraph (7)(C), by striking ‘‘and’’ at 

9 the end; 

10 (2) by redesignating paragraph (8) as para11 graph (9); and 

12 (3) by inserting after paragraph (7) the fol13 lowing: 

14 ‘‘(8) have the authority to use alternative fish15 ery management measures in a recreational fishery 

16 (or the recreational component of a mixed-use fish17 ery), including extraction rates, fishing mortality, 

18 and harvest control rules, to the extent they are in 

19 accordance with the requirements of this Act; and’’. 

20 (d) WEBCASTS OF COUNCIL MEETINGS.—Section 

21 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding 

22 at the end the following: 

23 ‘‘(G) Unless closed in accordance with para24 graph (3), each Council shall, where practicable, 

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1 cil a video or audio webcast of each meeting of the 

2 Council and each meeting of the scientific and sta3 tistical committee of the Council not later than 30 

4 days after the date of the conclusion of such meet5 ing.’’. 

6 SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS. 

7 Section 303 (16 U.S.C. 1853) is amended by adding 

8 at the end the following: 

9 ‘‘(d) LIMITATIONS.— 

10 ‘‘(1) IN GENERAL.—The requirements under 

11 subsection (a)(15) shall not— 

12 ‘‘(A) apply to a species in a fishery that 

13 has a mean life cycle of 18 months or less, or 

14 to a species in a fishery with respect to which 

15 all spawning and recruitment occurs beyond 

16 State waters and the exclusive economic zone, 

17 unless the Secretary has determined the fishery 

18 is subject to overfishing of that species; and 

19 ‘‘(B) limit or otherwise affect the require20 ments of section 301(a)(1) or 304(e) of this 

21 Act. 

22 ‘‘(2) CONSTRUCTION.—Nothing in this sub23 section shall be construed to affect any effective date 

24 regarding the requirements under subsection (a)(15) 


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1 otherwise provided for under an international agree2 ment in which the United States participates.’’. 

3 SEC. 103. REBUILDING OVERFISHED AND DEPLETED FISH4 ERIES. 

5 Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is 

6 amended to read as follows: 

7 ‘‘(A) specify a time period for rebuilding 

8 the fishery that— 

9 ‘‘(i) shall be as short as possible, tak10 ing into account the status and biology of 

11 any overfished stocks of fish, the needs of 

12 fishing communities, recommendations by 

13 international organizations in which the 

14 United States participates, and the inter15 action of the overfished stock of fish within 

16 the marine ecosystem; and 

17 ‘‘(ii) except where management meas18 ures under an international agreement 

19 with the United States participates dictate 

20 otherwise, shall not exceed— 

21 ‘‘(I) 10 years, except in cases 

22 where the biology of the stock of fish 

23 or other environmental conditions dic24 tate otherwise; or 


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1 ‘‘(II) the sum of the time in 

2 which the affected stock of fish is ex3 pected to rebuild to its maximum sus4 tainable yield biomass level in the ab5 sence of any fishing mortality, and the 

6 mean generation of time of the af7 fected stock of fish, if those time val8 ues are the best scientific information 

9 available;’’. 

10 SEC. 104. FUNDING FOR STOCK ASSESSMENTS, SURVEYS, 

11 AND DATA COLLECTION. 

12 Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amend13 ed— 

14 (1) in subparagraph (E), by striking ‘‘; and’’ 

15 and inserting a semicolon; 

16 (2) in subparagraph (F), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

18 (3) by inserting after subparagraph (F) the fol19 lowing: 

20 ‘‘(G) the costs of stock assessments, surveys, 

21 and data collection in fisheries managed under this 

22 Act.’’. 


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1 SEC. 105. CAPITAL CONSTRUCTION. 

2 (a) DEFINITIONS; ELIGIBLE AND QUALIFIED FISH3 ERY FACILITIES.—Section 53501 of title 46, United 

4 States Code, is amended— 

5 (1) by striking ‘‘(7) UNITED STATES FOREIGN

6 TRADE.—’’ and inserting ‘‘(11) UNITED STATES

7 FOREIGN TRADE.—’’; 

8 (2) by striking ‘‘(8) VESSEL.—’’ and inserting 

9 ‘‘(12) VESSEL.—’’; 

10 (3) by redesignating paragraphs (5), (6), and 

11 (7) as paragraphs (8), (9), and (10), respectively; 

12 (4) by redesignating paragraphs (2), (3), and 

13 (4) as paragraphs (4), (5), and (6), respectively; 

14 (5) by redesignating paragraph (1) as para15 graph (2); 

16 (6) by inserting before paragraph (2), as redes17 ignated, the following: 

18 ‘‘(1) AGREEMENT FISHERY FACILITY.—The 

19 term ‘agreement fishery facility’ means an eligible 

20 fishery facility or a qualified fishery facility that is 

21 subject to an agreement under this chapter.’’; 

22 (7) by inserting after paragraph (2), as redesig23 nated, the following: 

24 ‘‘(3) ELIGIBLE FISHERY FACILITY.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the term ‘‘eligible fishery facility’’ 

3 means— 

4 ‘‘(i) for operations on land— 

5 ‘‘(I) a structure or an appur6 tenance thereto designed for unload7 ing and receiving from a vessel, proc8 essing, holding pending processing, 

9 distribution after processing, or hold10 ing pending distribution, of fish from 

11 a fishery; 

12 ‘‘(II) the land necessary for the 

13 structure or appurtenance described 

14 in subclause (I); and 

15 ‘‘(III) equipment that is for use 

16 with the structure or appurtenance 

17 that is necessary to perform a func18 tion described in subclause (I); 

19 ‘‘(ii) for operations not on land, a ves20 sel built in the United States and used for, 

21 equipped to be used for, or of a type nor22 mally used for, processing fish; or 

23 ‘‘(iii) for aquaculture, including oper24 ations on land or elsewhere— 


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1 ‘‘(I) a structure or an appur2 tenance thereto designed for aqua3 culture; 

4 ‘‘(II) the land necessary for the 

5 structure or appurtenance; 

6 ‘‘(III) equipment that is for use 

7 with the structure or appurtenance 

8 and that is necessary to perform a 

9 function described in subclause (I); 

10 and 

11 ‘‘(IV) a vessel built in the United 

12 States and used for, equipped to be 

13 used for, or of a type normally used 

14 for, aquaculture. 

15 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

16 subparagraph (A), the structure, appurtenance, 

17 land, equipment, or vessel shall be owned by— 

18 ‘‘(i) an individual who is a citizen of 

19 the United States; or 

20 ‘‘(ii) an entity that is— 

21 ‘‘(I) a citizen of the United 

22 States under section 50501 of this 

23 title; and 

24 ‘‘(II) at least 75 percent owned 

25 by citizens of the United States, as 


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1 determined under section 50501 of 

2 this title.’’; and 

3 (8) by inserting after paragraph (6), as redesig4 nated, the following: 

5 ‘‘(7) QUALIFIED FISHERY FACILITY.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the term ‘qualified fishery facility’ 

8 means— 

9 ‘‘(i) for operations on land— 

10 ‘‘(I) a structure or an appur11 tenance thereto designed for unload12 ing and receiving from a vessel, proc13 essing, holding pending processing, 

14 distribution after processing, or hold15 ing pending distribution, of fish from 

16 a fishery; 

17 ‘‘(II) the land necessary for the 

18 structure or appurtenance; and 

19 ‘‘(III) equipment that is for use 

20 with the structure or appurtenance 

21 and necessary to perform a function 

22 described in subclause (I); 

23 ‘‘(ii) for operations not on land, a ves24 sel built in the United States and used for, 


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1 equipped to be used for, or of a type nor2 mally used for, processing fish; or 

3 ‘‘(iii) for aquaculture, including oper4 ations on land or elsewhere— 

5 ‘‘(I) a structure or an appur6 tenance thereto designed for aqua7 culture; 

8 ‘‘(II) the land necessary for the 

9 structure or appurtenance; 

10 ‘‘(III) equipment that is for use 

11 with the structure or appurtenance 

12 and necessary for performing a func13 tion described in subclause (I); and 

14 ‘‘(IV) a vessel built in the United 

15 States. 

16 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

17 subparagraph (A), the structure, appurtenance, 

18 land, equipment, or vessel shall be owned by— 

19 ‘‘(i) an individual who is a citizen of 

20 the United States; or 

21 ‘‘(ii) an entity that is— 

22 ‘‘(I) a citizen of the United 

23 States under section 50501 of this 

24 title; and 


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1 ‘‘(II) at least 75 percent owned 

2 by citizens of the United States, as 

3 determined under section 50501 of 

4 this title.’’. 

5 (b) ELIGIBLE FISHERY FACILITIES.— 

6 (1) DEFINITION OF SECRETARY.—Paragraph 

7 (9)(A) of section 53501 of title 46, United States 

8 Code, as redesignated by subsection (a) of this sec9 tion, is amended to read as follows: 

10 ‘‘(A) the Secretary of Commerce with re11 spect to— 

12 ‘‘(i) an eligible vessel or a qualified 

13 vessel operated or to be operated in the 

14 fisheries of the United States; or 

15 ‘‘(ii) an eligible fishery facility or a 

16 qualified fishery facility; and’’. 

17 (2) ESTABLISHING A CAPITAL CONSTRUCTION

18 FUND.—Section 53503 of title 46, United States 

19 Code, is amended— 

20 (A) in subsection (a)— 

21 (i) by inserting ‘‘or eligible fishery fa22 cility’’ after ‘‘eligible vessel’’; and 

23 (ii) by striking the period at the end 

24 and inserting ‘‘or fishery facility.’’; and 


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1 (B) by amending subsection (b) to read as 

2 follows: 

3 ‘‘(b) ALLOWABLE PURPOSE.—The purpose of the 

4 agreement shall be— 

5 ‘‘(1) to provide replacement vessels, additional 

6 vessels, or reconstructed vessels, built in the United 

7 States and documented under the laws of the United 

8 States, for operation in the United States foreign, 

9 Great Lakes, noncontiguous domestic, or short sea 

10 transportation trade or in the fisheries of the United 

11 States; or 

12 ‘‘(2) to provide for the acquisition, construction, 

13 or reconstruction of a fishery facility owned by— 

14 ‘‘(A) an individual who is a citizen of the 

15 United States; or 

16 ‘‘(B) an entity that is— 

17 ‘‘(i) a citizen of the United States 

18 under section 50501; and 

19 ‘‘(ii) at least 75 percent owned by citi20 zens of the United States, as determined 

21 under section 50501.’’. 

22 (c) AGREEMENT FISHERY FACILITIES.— 

23 (1) DEPOSITS AND WITHDRAWALS.—Section 

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1 ed by striking the period at the end and inserting 

2 ‘‘or an agreement fishery facility.’’. 

3 (2) CEILING ON DEPOSITS.—Section 53505 of 

4 title 46, United States Code, is amended— 

5 (A) in subsection (a)— 

6 (i) paragraphs (1), by inserting ‘‘or 

7 agreement fishery facilities’’ after ‘‘agree8 ment vessels’’; 

9 (ii) in paragraph (2), by striking the 

10 semicolon at the end and inserting ‘‘or 

11 agreement fishery facilities;’’ and 

12 (iii) in paragraph (3) by inserting ‘‘or 

13 agreement fishery facility’’ after ‘‘agree14 ment vessel’’ both places that term ap15 pears; and 

16 (B) in subsection (b)— 

17 (i) by inserting ‘‘or agreement fishery 

18 facility’’ after ‘‘an agreement vessel’’; and 

19 (ii) by inserting ‘‘or fishery facility’’ 

20 after ‘‘the vessel’’. 

21 (d) QUALIFIED FISHERY FACILITIES.— 

22 (1) QUALIFIED WITHDRAWALS.—Section 

23 53509(a) of title 46, United States Code, is amend24 ed— 


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1 (A) in paragraph (1), by striking ‘‘quali2 fied vessel; or’’ and inserting ‘‘qualified vessel, 

3 or the acquisition, construction, or reconstruc4 tion of a qualified fishery facility; or’’; and 

5 (B) in paragraph (2), by striking ‘‘quali6 fied vessel.’’ and inserting ‘‘qualified vessel, or 

7 the acquisition, construction, or reconstruction, 

8 of a qualified fishery facility.’’. 

9 (2) TAX TREATMENT OF QUALIFIED WITH10 DRAWALS AND BASIS OF PROPERTY.—Section 53510 

11 of title 46, United States Code, is amended— 

12 (A) in subsections (b) and (c), by striking 

13 ‘‘or container’’ each place that term appears 

14 and inserting ‘‘container, or fishery facility’’; 

15 and 

16 (B) in subsection (d), by striking ‘‘and 

17 containers’’ and inserting ‘‘containers, and fish18 ery facilities’’. 

19 (3) TAX TREATMENT OF NONQUALIFIED WITH20 DRAWALS.—Section 53511(e)(4) of title 46, United 

21 States Code, is amended by inserting ‘‘or fishery fa22 cility’’ after ‘‘vessel’’. 

23 (e) TECHNICAL AMENDMENT.—Paragraph (8)(A)(iii) 

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1 ignated by subsection (a) of this section, is amended by 

2 striking ‘‘trade trade’’ and inserting ‘‘trade’’. 

3 SEC. 106. FISHERIES DISASTER RELIEF. 

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

5 (1) by redesignating paragraphs (2) through 

6 (4) as paragraphs (3) through (5), respectively; and 

7 (2) by inserting after paragraph (1) the fol8 lowing: 

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

10 a request under paragraph (1) not later than 90 days after 

11 the date the Secretary receives a complete estimate of the 

12 economic impact of the fishery resource disaster from the 

13 affected State, tribal government, or fishing community.’’. 

14 SEC. 107. REGIONAL FISHERY CONSERVATION AND MAN15 AGEMENT AUTHORITIES. 

16 (a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) 

17 is amended by inserting after section 313, the following: 

18 ‘‘SEC. 313A. GULF OF MEXICO FISHERIES CONSERVATION 

19 AND MANAGEMENT. 

20 ‘‘At least once every 5 years, the Gulf of Mexico Fish21 ery Management Council shall review, in accordance with 

22 the provisions of this Act, any allocation of fishing privi23 leges among the commercial, recreational, and charter 

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1 cil may delay action for not more than 3 additional 1 year 

2 periods if necessary. 

3 ‘‘SEC. 313B. SOUTH ATLANTIC FISHERIES CONSERVATION 

4 AND MANAGEMENT. 

5 ‘‘At least once every 5 years, the South Atlantic Fish6 ery Management Council shall review, in accordance with 

7 the provisions of this Act, any allocation of fishing privi8 leges among the commercial, recreational, and charter 

9 components of a fishery managed under a fishery manage10 ment plan prepared by the Council, except that the Coun11 cil may delay action for not more than 3 additional 1 year 

12 periods if necessary.’’. 

13 (b) TABLE OF CONTENTS.—The table of contents in 

14 the first section is amended by inserting after the item 

15 relating to section 313, the following: 

‘‘313A. Gulf of Mexico fisheries conservation and management. 

‘‘313B. South Atlantic fisheries conservation and management.’’. 

16 SEC. 108. STUDY OF ALLOCATIONS IN MIXED-USE FISH17 ERIES. 

18 (a) STUDY REQUIREMENTS.—Not later than 60 days 

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

20 of Commerce shall enter into an arrangement with the Na21 tional Academy of Sciences to conduct a study— 

22 (1) to provide guidance on criteria that could be 

23 used for allocating fishing privileges, including con24 sideration of the conservation and socioeconomic 


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1 benefits of the commercial, recreational, and charter 

2 components of a fishery, to a Regional Fishery Man3 agement Council established under section 302 of 

4 the Magnuson-Stevens Fishery Conservation and 

5 Management Act (16 U.S.C. 1852) in the prepara6 tion of a fishery management plan under that Act; 

7 and 

8 (2) to identify sources of information that could 

9 reasonably support the use of such criteria in alloca10 tion decisions. 

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

12 a contract is awarded under subsection (a), the National 

13 Academy of Sciences shall submit to the Committee on 

14 Commerce, Science, and Transportation of the Senate and 

15 the Committee on Natural Resources of the House of Rep16 resentatives a report on the study conducted under sub17 section (a). 

18 TITLE II—FISHERY INFORMA19 TION, RESEARCH, AND DE20 VELOPMENT 

21 SEC. 201. FISHERIES RESEARCH. 

22 (a) STOCK ASSESSMENT PLAN.—Section 404 (16 

23 U.S.C. 1881c) is amended by adding at the end the fol24 lowing: 

25 ‘‘(e) STOCK ASSESSMENT PLAN.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Councils, shall develop and publish in 

3 the Federal Register, on the same schedule as re4 quired for the strategic plan required under sub5 section (b), a plan to conduct stock assessments for 

6 all stocks of fish for which a fishery management 

7 plan is in effect under this Act. 

8 ‘‘(2) CONTENTS.—The plan shall— 

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

10 stock assessment has previously been con11 ducted— 

12 ‘‘(i) establish a schedule for updating 

13 the stock assessment that is reasonable 

14 given the biology and characteristics of the 

15 stock; and 

16 ‘‘(ii) subject to the availability of ap17 propriations, require completion of a new 

18 stock assessment, or an update of the most 

19 recent stock assessment— 

20 ‘‘(I) at least once every 5 years, 

21 except a Council may delay action for 

22 not more than 3 additional 1-year pe23 riods; or 


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1 ‘‘(II) within such other time pe2 riod specified and justified by the Sec3 retary in the plan; 

4 ‘‘(B) for each economically important stock 

5 of fish for which a stock assessment has not 

6 previously been conducted— 

7 ‘‘(i) establish a schedule for con8 ducting an initial stock assessment that is 

9 reasonable given the biology and character10 istics of the stock; and 

11 ‘‘(ii) subject to the availability of ap12 propriations, require completion of the ini13 tial stock assessment not later than 3 

14 years after the date that the plan is pub15 lished in the Federal Register unless an16 other time period is specified and justified 

17 by the Secretary in the plan; and 

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

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

21 the accuracy of future stock assessments, in22 cluding whether that data and analysis could be 

23 provided by nongovernmental sources, including 

24 fishermen, fishing communities, universities, 

25 and research institutions. 


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1 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE2 MENT.—Notwithstanding subparagraphs (A)(ii) and 

3 (B)(ii) of paragraph (2), a stock assessment shall 

4 not be required for a stock of fish in the plan if the 

5 Secretary determines that such a stock assessment 

6 is not necessary and justifies the determination in 

7 the Federal Register notice required by this sub8 section.’’. 

9 (b) DEADLINE.—Notwithstanding paragraph (1) of 

10 section 404(e) of the Magnuson-Stevens Fishery Con11 servation and Management Act, as added by this section, 

12 the Secretary of Commerce shall issue the first stock as13 sessment plan under that section by not later than 1 year 

14 after the date of the enactment of this Act. 

15 SEC. 202. IMPROVING SCIENCE. 

16 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

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

18 1881c), as amended by section 201 of this Act, is 

19 further amended by adding at the end the following: 

20 ‘‘(f) IMPROVING DATA COLLECTION AND ANAL21 YSIS.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in consulta23 tion with the scientific and statistical committees of 

24 the Councils established under section 302(g), shall 

25 develop and submit to the Committee on Commerce, 


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1 Science, and Transportation of the Senate and the 

2 Committee on Natural Resources of the House of 

3 Representatives a report on facilitating greater in4 corporation of data, analysis, stock assessments, and 

5 surveys from nongovernmental sources, including 

6 fishermen, fishing communities, universities, and re7 search institutions, into fisheries management deci8 sions. 

9 ‘‘(2) CONTENT.—The report under paragraph 

10 (1) 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 

14 and the basis for establishing conservation and 

15 management 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; 

20 ‘‘(B) provide specific recommendations for 

21 collecting data and performing analyses identi22 fied as necessary to reduce the uncertainty re23 ferred to in section 404(e)(2)(C); 


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1 ‘‘(C) consider the extent to which it is pos2 sible to establish a registry of persons providing 

3 such information; and 

4 ‘‘(D) consider the extent to which the ac5 ceptance and use of data and analysis identified 

6 in the report in fishery management decisions is 

7 practicable.’’. 

8 (b) DEADLINE.—The Secretary of Commerce shall 

9 submit the report required under the amendment made 

10 by subsection (a) not later than 1 year after the date of 

11 the enactment of this Act. 

12 SEC. 203. FOCUSING ASSETS FOR IMPROVED FISHERIES 

13 OUTCOMES. 

14 (a) IN GENERAL.—Section 2(b) of the Act of August 

15 11, 1939 (15 U.S.C. 713c–3(b)), is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘beginning with the fiscal 

18 year commencing July 1, 1954, and ending on 

19 June 30, 1957,’’; 

20 (B) by striking ‘‘moneys’’ the first place 

21 that term appears and inserting ‘‘monies’’; and 

22 (C) by striking ‘‘shall be maintained in a 

23 separate fund only for’’ and all that follows 

24 through the end and inserting ‘‘shall only be 


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1 used for the purposes described under sub2 section (c).’’; and 

3 (2) by striking paragraph (2). 

4 (b) LIMITATIONS ON BILLS TRANSFERRING

5 FUNDS.—Section 2(b) of the Act of August 11, 1939 (15 

6 U.S.C. 713c–3(b)), as amended by subsection (a) of this 

7 section, is further amended by adding at the end the fol8 lowing: 

9 ‘‘(2) LIMITATIONS ON BILLS TRANSFERRING

10 FUNDS.— 

11 ‘‘(A) IN GENERAL.—It shall not be in 

12 order in the Senate or the House of Represent13 atives to consider any bill, resolution, amend14 ment, or conference report that reduces any 

15 amount in the fund referred to in paragraph 

16 (1) in a manner that is inconsistent with such 

17 paragraph. 

18 ‘‘(B) LIMITATION ON CHANGES TO THIS

19 PARAGRAPH.—It shall not be in order in the 

20 Senate or the House of Representatives to con21 sider any bill, resolution, amendment, or con22 ference report that would repeal or otherwise 

23 amend this paragraph. 

24 ‘‘(C) WAIVER.—A provision of this para25 graph may be waived or suspended in the SenVerDate Sep 11 2014 22:02 Dec 05, 2016 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S1403.RS S1403

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1 ate only by the affirmative vote of three-fifths 

2 of the Members, duly chosen and sworn. 

3 ‘‘(D) APPEALS.—An affirmative vote of 

4 three-fifths of the Members of the Senate, duly 

5 chosen and sworn, shall be required to sustain 

6 an appeal of the ruling of the Chair on the 

7 point of order raised under this paragraph. 

8 ‘‘(E) RULES OF THE SENATE AND THE

9 HOUSE OF REPRESENTATIVES.—This para10 graph is enacted by Congress— 

11 ‘‘(i) as an exercise of the rulemaking 

12 power of the Senate and the House of Rep13 resentatives, respectively, and is deemed to 

14 be part of the rules of each house, respec15 tively, but applicable only with respect to 

16 the procedure to be followed in the House 

17 in the case of a bill, resolution, amend18 ment, or conference report under this 

19 paragraph, and it supersedes other rules 

20 only to the extent that it is inconsistent 

21 with such rules; and 

22 ‘‘(ii) with full recognition of the con23 stitutional right of either House to change 

24 the rules (so far as they relate to the pro25 cedure of that House) at any time, in the 


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1 same manner, and to the same extent as in 

2 the case of any other rule of that House.’’. 

3 SEC. 204. GULF OF MEXICO RED SNAPPER CATCH LIMITS; 

4 REPEAL. 

5 Section 407 (16 U.S.C. 1883) is amended by striking 

6 subsection (d). 

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

8 (a) SHORT TITLE.—This Act may be cited as the 

9 ‘‘Florida Fisheries Improvement Act’’. 

10 (b) TABLE OF CONTENTS.—The table of contents of this 

11 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. 

TITLE I—CONSERVATION AND MANAGEMENT 

Sec. 101. Regional fishery management councils. 

Sec. 102. Contents of fishery management plans. 

Sec. 103. Funding for stock assessments, surveys, and data collection. 

Sec. 104. Capital construction. 

Sec. 105. Fisheries disaster relief. 

Sec. 106. Regional fishery conservation and management authorities. 

Sec. 107. Study of allocations in mixed-use fisheries. 

TITLE II—FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT 

Sec. 201. Fisheries research. 

Sec. 202. Improving science. 

Sec. 203. Focusing assets for improved fisheries outcomes. 

Sec. 204. Gulf of Mexico red snapper catch limits; repeal. 

12 SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISH13 ERY CONSERVATION AND MANAGEMENT ACT. 

14 Except as otherwise expressly provided, wherever in 

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

16 an amendment to, or repeal of, a section or other provision, 


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1 the reference shall be considered to be made to a section or 

2 other provision of the Magnuson-Stevens Fishery Conserva3 tion and Management Act (16 U.S.C. 1801 et seq.). 

4 TITLE I—CONSERVATION AND 

5 MANAGEMENT 

6 SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS. 

7 (a) VOTING MEMBERS.—Section 302(b)(2)(D) (16 

8 U.S.C. 1852(b)(2)(D)) is amended— 

9 (1) in clause (i)— 

10 (A) by striking ‘‘Fisheries’’ and inserting 

11 ‘‘Fishery’’; and 

12 (B) by inserting ‘‘or the South Atlantic 

13 Fishery Management Council’’ after ‘‘Manage14 ment Council’’; and 

15 (2) by striking clause (iv). 

16 (b) COMMITTEES AND ADVISORY PANELS.—Section 

17 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to read 

18 as follows: 

19 ‘‘(B) Each scientific and statistical committee 

20 shall— 

21 ‘‘(i) provide its Council ongoing scientific 

22 advice for fishery management decisions, includ23 ing recommendations for acceptable biological 

24 catch, preventing overfishing, maximum sustain25 able yield, achieving rebuilding targets, and reVerDate Sep 11 2014 22:02 Dec 05, 2016 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S1403.RS S1403

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1 ports on stock status and health, bycatch, habitat 

2 status, social and economic impacts of manage3 ment measures, and sustainability of fishing 

4 practices; and 

5 ‘‘(ii) carry out the requirements of this sub6 paragraph in a transparent manner, allowing 

7 for public involvement in the process.’’. 

8 (c) FUNCTIONS.—Section 302(h) (16 U.S.C. 1852(h)) 

9 is amended— 

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

11 the end; 

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 fishery 

17 management measures in a recreational fishery (or 

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

19 including extraction rates, fishing mortality, and 

20 harvest control rules, to the extent they are in accord21 ance with the requirements of this Act; and’’. 

22 (d) WEBCASTS OF COUNCIL MEETINGS.—Section 

23 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding at 

24 the end the following: 


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1 ‘‘(G) Unless closed in accordance with paragraph 

2 (3), each Council shall, where practicable, make avail3 able on the Internet website of the Council a video or 

4 audio webcast of each meeting of the Council and each 

5 meeting of the scientific and statistical committee of 

6 the Council not later than 30 days after the date of 

7 the conclusion of such meeting.’’. 

8 SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS. 

9 Section 303 (16 U.S.C. 1853) is amended by adding 

10 at the end the following: 

11 ‘‘(d) LIMITATIONS.— 

12 ‘‘(1) IN GENERAL.—The requirements under sub13 section (a)(15) shall not— 

14 ‘‘(A) apply to a species in a fishery that has 

15 a mean life cycle of 12 months or less, or to a 

16 species in a fishery with respect to which all 

17 spawning and recruitment occurs beyond State 

18 waters and the exclusive economic zone, unless 

19 the Secretary has determined the fishery is sub20 ject to overfishing of that species; and 

21 ‘‘(B) limit or otherwise affect the require22 ments of section 301(a)(1) or 304(e) of this Act. 

23 ‘‘(2) CONSTRUCTION.—Nothing in this subsection 

24 shall be construed to affect any effective date regard25 ing the requirements under subsection (a)(15) otherVerDate Sep 11 2014 22:02 Dec 05, 2016 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1403.RS S1403

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1 wise provided for under an international agreement 

2 in which the United States participates.’’. 

3 SEC. 103. FUNDING FOR STOCK ASSESSMENTS, SURVEYS, 

4 AND DATA COLLECTION. 

5 Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended— 

6 (1) in subparagraph (E), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (2) in subparagraph (F), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by inserting after subparagraph (F) the fol11 lowing: 

12 ‘‘(G) the costs of stock assessments, surveys, and 

13 data collection in fisheries managed under this Act.’’. 

14 SEC. 104. CAPITAL CONSTRUCTION. 

15 (a) DEFINITIONS; ELIGIBLE AND QUALIFIED FISHERY

16 FACILITIES.—Section 53501 of title 46, United States Code, 

17 is amended— 

18 (1) by striking ‘‘(7) UNITED STATES FOREIGN

19 TRADE.—’’ and inserting ‘‘(11) UNITED STATES FOR20 EIGN TRADE.—’’; 

21 (2) by striking ‘‘(8) VESSEL.—’’ and inserting 

22 ‘‘(12) VESSEL.—’’; 

23 (3) by redesignating paragraphs (5), (6), and (7) 

24 as paragraphs (8), (9), and (10), respectively; 


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1 (4) by redesignating paragraphs (2), (3), and (4) 

2 as paragraphs (4), (5), and (6), respectively; 

3 (5) by redesignating paragraph (1) as para4 graph (2); 

5 (6) by inserting before paragraph (2), as redesig6 nated, the following: 

7 ‘‘(1) AGREEMENT FISHERY FACILITY.—The term 

8 ‘agreement fishery facility’ means an eligible fishery 

9 facility or a qualified fishery facility that is subject 

10 to an agreement under this chapter.’’; 

11 (7) by inserting after paragraph (2), as redesig12 nated, the following: 

13 ‘‘(3) ELIGIBLE FISHERY FACILITY.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), the term ‘‘eligible fishery facility’’ 

16 means— 

17 ‘‘(i) for operations on land— 

18 ‘‘(I) a structure or an appur19 tenance thereto designed for unloading 

20 and receiving from a vessel, processing, 

21 holding pending processing, distribu22 tion after processing, or holding pend23 ing distribution, of fish from a fishery; 


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1 ‘‘(II) the land necessary for the 

2 structure or appurtenance described in 

3 subclause (I); and 

4 ‘‘(III) equipment that is for use 

5 with the structure or appurtenance 

6 that is necessary to perform a function 

7 described in subclause (I); 

8 ‘‘(ii) for operations not on land, a ves9 sel built in the United States and used for, 

10 equipped to be used for, or of a type nor11 mally used for, processing fish; or 

12 ‘‘(iii) for aquaculture, including oper13 ations on land or elsewhere— 

14 ‘‘(I) a structure or an appur15 tenance thereto designed for aqua16 culture; 

17 ‘‘(II) the land necessary for the 

18 structure or appurtenance; 

19 ‘‘(III) equipment that is for use 

20 with the structure or appurtenance 

21 and that is necessary to perform a 

22 function described in subclause (I); 

23 and 

24 ‘‘(IV) a vessel built in the United 

25 States and used for, equipped to be 


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1 used for, or of a type normally used 

2 for, aquaculture. 

3 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

4 subparagraph (A), the structure, appurtenance, 

5 land, equipment, or vessel shall be owned by— 

6 ‘‘(i) an individual who is a citizen of 

7 the United States; or 

8 ‘‘(ii) an entity that is— 

9 ‘‘(I) a citizen of the United States 

10 under section 50501 of this title; and 

11 ‘‘(II) at least 75 percent owned by 

12 citizens of the United States, as deter13 mined under section 50501 of this 

14 title.’’; and 

15 (8) by inserting after paragraph (6), as redesig16 nated, the following: 

17 ‘‘(7) QUALIFIED FISHERY FACILITY.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), the term ‘qualified fishery facility’ 

20 means— 

21 ‘‘(i) for operations on land— 

22 ‘‘(I) a structure or an appur23 tenance thereto designed for unloading 

24 and receiving from a vessel, processing, 

25 holding pending processing, distribuVerDate Sep 11 2014 22:02 Dec 05, 2016 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S1403.RS S1403

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1 tion after processing, or holding pend2 ing distribution, of fish from a fishery; 

3 ‘‘(II) the land necessary for the 

4 structure or appurtenance; and 

5 ‘‘(III) equipment that is for use 

6 with the structure or appurtenance 

7 and necessary to perform a function 

8 described in subclause (I); 

9 ‘‘(ii) for operations not on land, a ves10 sel built in the United States and used for, 

11 equipped to be used for, or of a type nor12 mally used for, processing fish; or 

13 ‘‘(iii) for aquaculture, including oper14 ations on land or elsewhere— 

15 ‘‘(I) a structure or an appur16 tenance thereto designed for aqua17 culture; 

18 ‘‘(II) the land necessary for the 

19 structure or appurtenance; 

20 ‘‘(III) equipment that is for use 

21 with the structure or appurtenance 

22 and necessary for performing a func23 tion described in subclause (I); and 

24 ‘‘(IV) a vessel built in the United 

25 States. 


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1 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

2 subparagraph (A), the structure, appurtenance, 

3 land, equipment, or vessel shall be owned by— 

4 ‘‘(i) an individual who is a citizen of 

5 the United States; or 

6 ‘‘(ii) an entity that is— 

7 ‘‘(I) a citizen of the United States 

8 under section 50501 of this title; and 

9 ‘‘(II) at least 75 percent owned by 

10 citizens of the United States, as deter11 mined under section 50501 of this 

12 title.’’. 

13 (b) ELIGIBLE FISHERY FACILITIES.— 

14 (1) DEFINITION OF SECRETARY.—Paragraph 

15 (9)(A) of section 53501 of title 46, United States 

16 Code, as redesignated by subsection (a) of this section, 

17 is amended to read as follows: 

18 ‘‘(A) the Secretary of Commerce with re19 spect to— 

20 ‘‘(i) an eligible vessel or a qualified 

21 vessel operated or to be operated in the fish22 eries of the United States; or 

23 ‘‘(ii) an eligible fishery facility or a 

24 qualified fishery facility; and’’. 


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1 (2) ESTABLISHING A CAPITAL CONSTRUCTION

2 FUND.—Section 53503 of title 46, United States Code, 

3 is amended— 

4 (A) in subsection (a)— 

5 (i) by inserting ‘‘or eligible fishery fa6 cility’’ after ‘‘eligible vessel’’; and 

7 (ii) by striking the period at the end 

8 and inserting ‘‘or fishery facility.’’; and 

9 (B) by amending subsection (b) to read as 

10 follows: 

11 ‘‘(b) ALLOWABLE PURPOSE.—The purpose of the 

12 agreement shall be— 

13 ‘‘(1) to provide replacement vessels, additional 

14 vessels, or reconstructed vessels, built in the United 

15 States and documented under the laws of the United 

16 States, for operation in the United States foreign, 

17 Great Lakes, noncontiguous domestic, or short sea 

18 transportation trade or in the fisheries of the United 

19 States; or 

20 ‘‘(2) to provide for the acquisition, construction, 

21 or reconstruction of a fishery facility owned by— 

22 ‘‘(A) an individual who is a citizen of the 

23 United States; or 

24 ‘‘(B) an entity that is— 


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1 ‘‘(i) a citizen of the United States 

2 under section 50501; and 

3 ‘‘(ii) at least 75 percent owned by citi4 zens of the United States, as determined 

5 under section 50501.’’. 

6 (c) AGREEMENT FISHERY FACILITIES.— 

7 (1) DEPOSITS AND WITHDRAWALS.—Section 

8 53504(b) of title 46, United States Code, is amended 

9 by striking the period at the end and inserting ‘‘or 

10 an agreement fishery facility.’’. 

11 (2) CEILING ON DEPOSITS.—Section 53505 of 

12 title 46, United States Code, is amended— 

13 (A) in subsection (a)— 

14 (i) paragraphs (1), by inserting ‘‘or 

15 agreement fishery facilities’’ after ‘‘agree16 ment vessels’’; 

17 (ii) in paragraph (2), by striking the 

18 semicolon at the end and inserting ‘‘or 

19 agreement fishery facilities;’’ and 

20 (iii) in paragraph (3) by inserting ‘‘or 

21 agreement fishery facility’’ after ‘‘agreement 

22 vessel’’ both places that term appears; and 

23 (B) in subsection (b)— 

24 (i) by inserting ‘‘or agreement fishery 

25 facility’’ after ‘‘an agreement vessel’’; and 


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1 (ii) by inserting ‘‘or fishery facility’’ 

2 after ‘‘the vessel’’. 

3 (d) QUALIFIED FISHERY FACILITIES.— 

4 (1) QUALIFIED WITHDRAWALS.—Section 

5 53509(a) of title 46, United States Code, is amend6 ed— 

7 (A) in paragraph (1), by striking ‘‘qualified 

8 vessel; or’’ and inserting ‘‘qualified vessel, or the 

9 acquisition, construction, or reconstruction of a 

10 qualified fishery facility; or’’; and 

11 (B) in paragraph (2), by striking ‘‘qualified 

12 vessel.’’ and inserting ‘‘qualified vessel, or the ac13 quisition, construction, or reconstruction, of a 

14 qualified fishery facility.’’. 

15 (2) TAX TREATMENT OF QUALIFIED WITH16 DRAWALS AND BASIS OF PROPERTY.—Section 53510 

17 of title 46, United States Code, is amended— 

18 (A) in subsections (b) and (c), by striking 

19 ‘‘or container’’ each place that term appears and 

20 inserting ‘‘container, or fishery facility’’; and 

21 (B) in subsection (d), by striking ‘‘and con22 tainers’’ and inserting ‘‘containers, and fishery 

23 facilities’’. 

24 (3) TAX TREATMENT OF NONQUALIFIED WITH25 DRAWALS.—Section 53511(e)(4) of title 46, United 


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1 States Code, is amended by inserting ‘‘or fishery fa2 cility’’ after ‘‘vessel’’. 

3 (e) TECHNICAL AMENDMENT.—Paragraph (8)(A)(iii) 

4 of section 53501 of title 46, United States Code, as redesig5 nated by subsection (a) of this section, is amended by strik6 ing ‘‘trade trade’’ and inserting ‘‘trade’’. 

7 SEC. 105. FISHERIES DISASTER RELIEF. 

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

9 (1) by redesignating paragraphs (2) through (4) 

10 as paragraphs (3) through (5), respectively; and 

11 (2) by inserting after paragraph (1) the fol12 lowing: 

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

14 request under paragraph (1) not later than 90 days after 

15 the date the Secretary receives a complete estimate of the 

16 economic impact of the fishery resource disaster from the 

17 affected State, tribal government, or fishing community.’’. 

18 SEC. 106. REGIONAL FISHERY CONSERVATION AND MAN19 AGEMENT AUTHORITIES. 

20 (a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) 

21 is amended by inserting after section 313, the following: 

22 ‘‘SEC. 313A. GULF OF MEXICO FISHERIES CONSERVATION 

23 AND MANAGEMENT. 

24 ‘‘At least once every 5 years, the Gulf of Mexico Fishery 

25 Management Council shall review, in accordance with the 


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1 provisions of this Act, any allocation of fishing privileges 

2 among the commercial, recreational, and charter compo3 nents of a fishery managed under a fishery management 

4 plan prepared by the Council, except that the Council may 

5 delay action for not more than 3 additional 1 year periods 

6 if necessary. 

7 ‘‘SEC. 313B. SOUTH ATLANTIC FISHERIES CONSERVATION 

8 AND MANAGEMENT. 

9 ‘‘At least once every 5 years, the South Atlantic Fish10 ery Management Council shall review, in accordance with 

11 the provisions of this Act, any allocation of fishing privi12 leges among the commercial, recreational, and charter com13 ponents of a fishery managed under a fishery management 

14 plan prepared by the Council, except that the Council may 

15 delay action for not more than 3 additional 1 year periods 

16 if necessary.’’. 

17 (b) TABLE OF CONTENTS.—The table of contents in the 

18 first section is amended by inserting after the item relating 

19 to section 313, the following: 

‘‘313A. Gulf of Mexico fisheries conservation and management. 

‘‘313B. South Atlantic fisheries conservation and management.’’. 

20 SEC. 107. STUDY OF ALLOCATIONS IN MIXED-USE FISH21 ERIES. 

22 (a) STUDY REQUIREMENTS.—Not later than 60 days 

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


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1 of Commerce shall enter into an arrangement with the Na2 tional Academy of Sciences to conduct a study— 

3 (1) to provide guidance on criteria that could be 

4 used for allocating fishing privileges, including con5 sideration of the conservation and socioeconomic bene6 fits of the commercial, recreational, and charter com7 ponents of a fishery, to a Regional Fishery Manage8 ment Council established under section 302 of the 

9 Magnuson-Stevens Fishery Conservation and Manage10 ment Act (16 U.S.C. 1852) in the preparation of a 

11 fishery management plan under that Act; and 

12 (2) to identify sources of information that could 

13 reasonably support the use of such criteria in alloca14 tion decisions. 

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

16 contract is awarded under subsection (a), the National 

17 Academy of Sciences shall submit to the Committee on Com18 merce, Science, and Transportation of the Senate and the 

19 Committee on Natural Resources of the House of Represent20 atives a report on the study conducted under subsection (a). 


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1 TITLE II—FISHERY INFORMA2 TION, RESEARCH, AND DEVEL3 OPMENT 

4 SEC. 201. FISHERIES RESEARCH. 

5 (a) STOCK ASSESSMENT PLAN.—Section 404 (16 

6 U.S.C. 1881c) is amended by adding at the end the fol7 lowing: 

8 ‘‘(e) STOCK ASSESSMENT PLAN.— 

9 ‘‘(1) IN GENERAL.—The Secretary, in consulta10 tion with the Councils, shall develop and publish in 

11 the Federal Register, on the same schedule as required 

12 for the strategic plan required under subsection (b), a 

13 plan to conduct stock assessments for all stocks of fish 

14 for which a fishery management plan is in effect 

15 under this Act. 

16 ‘‘(2) CONTENTS.—The plan shall— 

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

18 assessment has previously been conducted— 

19 ‘‘(i) establish a schedule for updating 

20 the stock assessment that is reasonable given 

21 the biology and characteristics of the stock; 

22 and 

23 ‘‘(ii) subject to the availability of ap24 propriations, require completion of a new 


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1 stock assessment, or an update of the most 

2 recent stock assessment— 

3 ‘‘(I) at least once every 5 years, 

4 except a Council may delay action for 

5 not more than 3 additional 1-year pe6 riods; or 

7 ‘‘(II) within such other time pe8 riod specified and justified by the Sec9 retary in the plan; 

10 ‘‘(B) for each economically important stock 

11 of fish for which a stock assessment has not pre12 viously been conducted— 

13 ‘‘(i) establish a schedule for conducting 

14 an initial stock assessment that is reason15 able given the biology and characteristics of 

16 the stock; and 

17 ‘‘(ii) subject to the availability of ap18 propriations, require completion of the ini19 tial stock assessment not later than 3 years 

20 after the date that the plan is published in 

21 the Federal Register unless another time pe22 riod is specified and justified by the Sec23 retary in the plan; and 

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

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1 able, would reduce uncertainty in and improve 

2 the accuracy of future stock assessments, includ3 ing whether that data and analysis could be pro4 vided by nongovernmental sources, including 

5 fishermen, fishing communities, universities, and 

6 research institutions. 

7 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE8 MENT.—Notwithstanding subparagraphs (A)(ii) and 

9 (B)(ii) of paragraph (2), a stock assessment shall not 

10 be required for a stock of fish in the plan if the Sec11 retary determines that such a stock assessment is not 

12 necessary and justifies the determination in the Fed13 eral Register notice required by this subsection.’’. 

14 (b) DEADLINE.—Notwithstanding paragraph (1) of 

15 section 404(e) of the Magnuson-Stevens Fishery Conserva16 tion and Management Act, as added by this section, the Sec17 retary of Commerce shall issue the first stock assessment 

18 plan under that section by not later than 1 year after the 

19 date of the enactment of this Act. 

20 SEC. 202. IMPROVING SCIENCE. 

21 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

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

23 1881c), as amended by section 201 of this Act, is fur24 ther amended by adding at the end the following: 

25 ‘‘(f) IMPROVING DATA COLLECTION AND ANALYSIS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the scientific and statistical committees of 

3 the Councils established under section 302(g), shall 

4 develop and submit to the Committee on Commerce, 

5 Science, and Transportation of the Senate and the 

6 Committee on Natural Resources of the House of Rep7 resentatives a report on facilitating greater incorpo8 ration of data, analysis, stock assessments, and sur9 veys from nongovernmental sources, including fisher10 men, fishing communities, universities, and research 

11 institutions, into fisheries management decisions. 

12 ‘‘(2) CONTENT.—The report under paragraph (1) 

13 shall— 

14 ‘‘(A) identify types of data and analysis, es15 pecially concerning recreational fishing, that can 

16 be reliably used for purposes of this Act and the 

17 basis for establishing conservation and manage18 ment measures as required by section 303(a)(1), 

19 including setting standards for the collection and 

20 use of that data and analysis in stock assess21 ments and surveys and for other purposes; 

22 ‘‘(B) provide specific recommendations for 

23 collecting data and performing analyses identi24 fied as necessary to reduce the uncertainty re25 ferred to in section 404(e)(2)(C); 


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1 ‘‘(C) consider the extent to which it is pos2 sible to establish a registry of persons providing 

3 such information; and 

4 ‘‘(D) consider the extent to which the ac5 ceptance and use of data and analysis identified 

6 in the report in fishery management decisions is 

7 practicable.’’. 

8 (b) DEADLINE.—The Secretary of Commerce shall sub9 mit the report required under the amendment made by sub10 section (a) not later than 1 year after the date of the enact11 ment of this Act. 

12 SEC. 203. FOCUSING ASSETS FOR IMPROVED FISHERIES 

13 OUTCOMES. 

14 (a) IN GENERAL.—Section 2(b) of the Act of August 

15 11, 1939 (15 U.S.C. 713c–3(b)), is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘beginning with the fiscal 

18 year commencing July 1, 1954, and ending on 

19 June 30, 1957,’’; 

20 (B) by striking ‘‘moneys’’ the first place 

21 that term appears and inserting ‘‘monies’’; and 

22 (C) by striking ‘‘shall be maintained in a 

23 separate fund only for’’ and all that follows 

24 through the end and inserting ‘‘shall only be 


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48 

•S 1403 RS

1 used for the purposes described under subsection 

2 (c).’’; and 

3 (2) by striking paragraph (2). 

4 (b) LIMITATIONS ON BILLS TRANSFERRING FUNDS.— 

5 Section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c– 

6 3(b)), as amended by subsection (a) of this section, is fur7 ther amended by adding at the end the following: 

8 ‘‘(2) LIMITATIONS ON BILLS TRANSFERRING

9 FUNDS.— 

10 ‘‘(A) IN GENERAL.—It shall not be in order 

11 in the Senate or the House of Representatives to 

12 consider any bill, resolution, amendment, or con13 ference report that reduces any amount in the 

14 fund referred to in paragraph (1) in a manner 

15 that is inconsistent with such paragraph. 

16 ‘‘(B) LIMITATION ON CHANGES TO THIS

17 PARAGRAPH.—It shall not be in order in the 

18 Senate or the House of Representatives to con19 sider any bill, resolution, amendment, or con20 ference report that would repeal or otherwise 

21 amend this paragraph. 

22 ‘‘(C) WAIVER.—A provision of this para23 graph may be waived or suspended in the Senate 

24 only by the affirmative vote of three-fifths of the 

25 Members, duly chosen and sworn. 


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•S 1403 RS

1 ‘‘(D) APPEALS.—An affirmative vote of 

2 three-fifths of the Members of the Senate, duly 

3 chosen and sworn, shall be required to sustain an 

4 appeal of the ruling of the Chair on the point of 

5 order raised under this paragraph. 

6 ‘‘(E) RULES OF THE SENATE AND THE

7 HOUSE OF REPRESENTATIVES.—This paragraph 

8 is enacted by Congress— 

9 ‘‘(i) as an exercise of the rulemaking 

10 power of the Senate and the House of Rep11 resentatives, respectively, and is deemed to 

12 be part of the rules of each house, respec13 tively, but applicable only with respect to 

14 the procedure to be followed in the House in 

15 the case of a bill, resolution, amendment, or 

16 conference report under this paragraph, and 

17 it supersedes other rules only to the extent 

18 that it is inconsistent with such rules; and 

19 ‘‘(ii) with full recognition of the con20 stitutional right of either House to change 

21 the rules (so far as they relate to the proce22 dure of that House) at any time, in the 

23 same manner, and to the same extent as in 

24 the case of any other rule of that House.’’. 


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•S 1403 RS

1 SEC. 204. GULF OF MEXICO RED SNAPPER CATCH LIMITS; 

2 REPEAL. 

3 Section 407 (16 U.S.C. 1883) is amended by striking 

4 subsection (d). 


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asabaliauskas on DSK3SPTVN1PROD with BILLS
Calendar No. 697 

114TH CONGRESS 

2D SESSION S. 1403 

A BILL 

To amend the Magnuson-Stevens Fishery Conservaposes. munities that rely on them, and for other pur- Mexico and South Atlantic fisheries and the com- conservation and management for the Gulf of tion and Management Act to promote sustainable 

DECEMBER 5, 2016 

Reported with an amendment 


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