I 

109TH CONGRESS 

1ST SESSION H. R. 1431 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to modify requirements for the appointment and training of members 

of Regional Fishery Management Councils, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005 

Mr. RAHALL (for himself, Mr. FARR, Mr. KIND, Mr. LEACH, and Mr. SHAYS) 

introduced the following bill; which was referred to the Committee on Resources 

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act to modify requirements for the appointment and training of members of Regional Fishery Management Councils, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fisheries Science and 

5 Management Enhancement Act of 2005’’. 
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1 SEC. 2. VOTING MEMBERS OF REGIONAL FISHERY MAN2 AGEMENT COUNCILS. 

3 (a) APPOINTMENT OF MEMBERS.—Section 302(b) of 

4 the Magnuson-Stevens Fishery Conservation and Manage5 ment Act (16 U.S.C. 1852(b)) is amended as follows: 

6 (1) In paragraph (1)(A) by adding at the end 

7 the following: ‘‘Such official shall represent the in8 terests of the general public of such State.’’. 

9 (2) In paragraph (2)— 

10 (A) in subparagraph (A)— 

11 (i) in the first sentence by inserting 

12 before the period the following: ‘‘, and 

13 must not have been found by the Sec14 retary, after notice and an opportunity for 

15 a hearing in accordance with section 554 

16 of title 5, United States Code, to have 

17 committed an act prohibited by subpara18 graph (D), (E), (F), (H), (I), or (L) of 

19 section 307(1) or section 307(2).’’; and 

20 (ii) in the second sentence by striking 

21 ‘‘Fishery Conservation Amendments of 

22 1990’’ and inserting ‘‘Fisheries Science 

23 and Management Enhancement Act of 

24 2005’’; 

25 (B) in subparagraph (B)— 
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1 (i) in the first sentence by striking ‘‘of 

2 the active’’ and inserting ‘‘among the ac3 tive’’; 

4 (ii) by striking the period at the end 

5 of the first sentence and inserting the fol6 lowing: ‘‘and representatives of the public 

7 interest in marine fish conservation who 

8 are knowledgeable regarding the conserva9 tion and management of the fishery re10 sources of the geographic area concerned. 

11 Such representatives of the public interest 

12 in marine conservation may not include in13 dividuals who derive any of their annual 

14 income from commercial or recreational 

15 fishing or who are employed by any person 

16 who derives any of their annual income 

17 from commercial or recreational fishing.’’; 

18 and 

19 (iii) by striking ‘‘Merchant Marine 

20 and Fisheries’’ and inserting ‘‘Resources’’; 

21 and 

22 (C) in subparagraph (C)— 

23 (i) in the second sentence by inserting 

24 ‘‘and representatives of conservation orga-
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1 nizations’’ after ‘‘commercial and rec2 reational fishing interests’’; 

3 (ii) by striking the third sentence and 

4 inserting the following: ‘‘Each list shall 

5 consist of a broad slate of candidates for 

6 each vacancy, shall include at least two 

7 representatives from each of the commer8 cial fishing industry sector, the rec9 reational fishing sector, and the marine 

10 fish conservation public interest sector, and 

11 shall consist solely of individuals who are 

12 knowledgeable regarding the conservation 

13 and management of the fishery resources 

14 of the geographical area concerned. Can15 didates from the marine fish conservation 

16 public interest sector may not derive any of 

17 their annual income from fishing and may 

18 not be employed by anyone who derives 

19 any of their annual income from commer20 cial or recreational fishing.’’; and 

21 (iii) in the fifth sentence (after the 

22 amendment made by clause (ii) of this sub23 paragraph) by striking ‘‘such require24 ments’’ and inserting ‘‘the requirements of 

25 subparagraph (A)’’. 
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1 (3) In paragraph (3)— 

2 (A) by striking ‘‘1986’’ and inserting 

3 ‘‘2005’’; and 

4 (B) by striking ‘‘consecutive’’ each place it 

5 appears. 

6 (4) In paragraph (6) by striking ‘‘section 

7 307(1)(O)’’ and inserting ‘‘subparagraph (D), (E), 

8 (F), (H), (I), (L), or (O) of section 307(1) or sec9 tion 307(2)’’ 

10 (b) TRAINING OF APPOINTED MEMBERS.— 

11 (1) IN GENERAL.—Section 302(b) of the Mag12 nuson-Stevens Fishery Conservation and Manage13 ment Act (16 U.S.C. 1852(b)) is amended by adding 

14 at the end the following: 

15 ‘‘(7) TRAINING OF APPOINTED MEMBERS.— 

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

17 provide to each member of a Council appointed 

18 by the Secretary under this subsection, by not 

19 later than 6 months after the date the member 

20 is first appointed, training in matters relating 

21 to the functions of the Council, including— 

22 ‘‘(i) fishery science and basic fish 

23 stock assessment; 

24 ‘‘(ii) basic instruction in ecological 

25 principles; 
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1 ‘‘(iii) social science and fishery eco2 nomics; 

3 ‘‘(iv) the requirements of this Act, the 

4 National Environmental Policy Act of 

5 1969, chapter 5 of title 5, United States 

6 Code (popularly known as the Administra7 tive Procedures Act), and other relevant 

8 statutes or regulations; 

9 ‘‘(v) conflict of interest policies that 

10 apply to Council members; and 

11 ‘‘(vi) the public process for developing 

12 fishery management plans. 

13 ‘‘(B) RESTRICTION ON VOTING.—A mem14 ber of a Council to whom the Secretary is re15 quired to provide training under this paragraph 

16 may not vote on any decision of the Council be17 fore the date the member completes such train18 ing. 

19 ‘‘(C) TRAINING AVAILABLE TO THE PUB20 LIC.—The Secretary may provide training of21 fered under this paragraph, or comparable 

22 training, to interested members of the public.’’. 

23 (2) APPLICATION TO CURRENT MEMBERS.— 

24 (A) REQUIREMENT TO PROVIDE TRAINING

25 UPON REQUEST.—The Secretary of Commerce 
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1 is not required to provide training under the 

2 amendment made by paragraph (1) to a mem3 ber of a Regional Fishery Management Council 

4 appointed before the date of the enactment of 

5 this Act, unless such member requests such 

6 training. Upon such a request, the Secretary 

7 shall provide such training within 6 months 

8 after the date of the request. 

9 (B) RESTRICTION ON VOTING NOT APPLI10 CABLE.—Subparagraph (B) of paragraph (7) of 

11 section 307(b) of the Magnuson-Stevens Fish12 ery Conservation and Management Act (16 

13 U.S.C. 1852(b)), as amended by this sub14 section, shall not apply to a member of a Re15 gional Fishery Management Council to whom 

16 the Secretary is required to provide training 

17 under subparagraph (A) of this paragraph. 

18 SEC. 3. REGIONAL FISHERY MANAGEMENT COUNCIL COM19 MITTEES AND PANELS. 

20 (a) SCIENCE AND STATISTICAL COMMITTEES.—Sec21 tion 302(g)(1) of the Magnuson-Stevens Fishery Con22 servation and Management Act (16 U.S.C. 1852(g)(1)) is 

23 amended to read as follows: 

24 ‘‘(1) SCIENCE AND STATISTICAL COMMIT25 TEES.— 
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1 ‘‘(A) REQUIREMENT TO ESTABLISH.— 

2 Each Council shall establish and maintain a 

3 science and statistical committee to assist the 

4 Council in the development, collection, and eval5 uation of such statistical, biological, economic, 

6 social, and other scientific information as is rel7 evant to the Council’s development and amend8 ment of any fishery management plan. The 

9 members of the science and statistical com10 mittee shall consist of qualified Federal, State, 

11 academic, or independent scientists, and shall 

12 be appointed and paid a stipend by the Sec13 retary. 

14 ‘‘(B) ESTABLISHMENT OF FISHERY AND

15 MARINE SCIENCE SUBCOMMITTEE.—Each 

16 science and statistical committee established by 

17 a Council under this paragraph shall include a 

18 fishery and marine science subcommittee that— 

19 ‘‘(i) is composed of members of the 

20 science and statistical committee who have 

21 demonstrated scientific expertise in fishery 

22 biological science or marine ecology; and 

23 ‘‘(ii) includes balanced representation 

24 of both such disciplines on the sub25 committee. 
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1 ‘‘(C) FUNCTIONS OF FISHERY AND MARINE

2 SCIENCE SUBCOMMITTEE.—In the development 

3 by a Council of any fishery management plan or 

4 amendment to a fishery management plan, and 

5 in the taking by a Council of any other action 

6 that prescribes an authorized fishing mortality 

7 level or rate, the fishery and marine science 

8 subcommittee of the Council shall— 

9 ‘‘(i) based on the best scientific infor10 mation available, determine for the Coun11 cil— 

12 ‘‘(I) biological catch (including 

13 bycatch) limits, including annual lim14 its, that will prevent overfishing, re15 build overfished stocks, achieve, on a 

16 continuing basis, the optimum yield 

17 for such fishery, and that consider 

18 predator-prey relationships and other 

19 ecological factors; 

20 ‘‘(II) specific habitat types and 

21 areas in need of protection from the 

22 adverse effects of fishing identified 

23 pursuant to section 303(a)(7); and 

24 ‘‘(III) any additional protections 

25 required for species under the Coun-
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1 cil’s jurisdiction that are listed as 

2 threatened species or endangered 

3 under section 4 of the Endangered 

4 Species Act of 1973 (16 U.S.C. 

5 1533); 

6 ‘‘(ii) allow an opportunity for public 

7 input on the development of the sub8 committee’s determinations and create a 

9 public record of such input and the sub10 committee’s response to such input; 

11 ‘‘(iii) publish its determinations in the 

12 Federal Register; and 

13 ‘‘(iv) review all conservation and man14 agement measures developed by the Coun15 cil to determine whether such measures are 

16 at least as stringent as the subcommittee’s 

17 determinations made under clause (i). 

18 ‘‘(D) RECOMMENDATIONS.—Each fishery 

19 and marine science subcommittee may rec20 ommend to the associated Council conservation 

21 and management measures that are based on 

22 and consistent with the determinations made by 

23 the subcommittee under subparagraph (C)(i).’’. 

24 (b) EFFECT OF DECISIONS AND RECOMMENDA25 TIONS.—Section 302(g)(5) of the Magnuson-Stevens Fish-
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1 ery Conservation and Management Act (16 U.S.C. 

2 1852(g)(5)) is amended by inserting ‘‘, except decisions 

3 and recommendations made by the fisheries and marine 

4 science subcommittees of the science and statistical com5 mittees pursuant to paragraph (1)(C)(i),’’ after ‘‘under 

6 this subsection’’. 

7 (c) EFFECT OF DECISIONS AND RECOMMENDA8 TIONS.—Section 302(g) of the Magnuson-Stevens Fishery 

9 Conservation and Management Act (16 U.S.C. 1852(g)) 

10 is amended by adding at the end the following: 

11 ‘‘(6) For the purposes of this subsection, the 

12 term ‘qualified Federal, State, academic, or inde13 pendent scientists’ means individuals who— 

14 ‘‘(A) through publication of peer-reviewed 

15 scientific literature and academic training, 

16 have— 

17 ‘‘(i) demonstrated scientific expertise 

18 in fisheries science or marine ecology; or 

19 ‘‘(ii) demonstrated expertise in eco20 nomics or social science as it relates to 

21 fisheries management; and 

22 ‘‘(B) have no direct financial interest, or 

23 are not employed by any person with a direct 

24 financial interest, in any fishery.’’. 
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1 (d) DISCLOSURE OF FINANCIAL INTEREST AND

2 RECUSAL.—Section 302(j) of the Magnuson-Stevens Fish3 ery Conservation and Management Act (16 U.S.C. 

4 1852(j)) is amended by striking paragraphs (6) and (7) 

5 and inserting the following: 

6 ‘‘(6) PROHIBITION ON VOTING.— 

7 ‘‘(A) PROHIBITION.—An affected indi8 vidual shall not vote on a Council decision that 

9 would have an effect on a financial interest that 

10 the individual is required to disclose under 

11 paragraph (2). 

12 ‘‘(B) DETERMINATION OF EFFECT ON FI13 NANCIAL INTEREST.—At the request of an af14 fected individual or a member of the public, or 

15 upon the initiative of the appropriate des16 ignated official, the designated official shall 

17 make a determination for the record whether a 

18 Council decision would have an effect on the fi19 nancial interest of an affected individual re20 ferred to in subparagraph (A). 

21 ‘‘(C) REVIEW OF DETERMINATION.—Any 

22 Council member or member of the public may 

23 submit a written request to the Secretary to re24 view any determination by the designated offi25 cial under subparagraph (B), within 10 days 
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1 after such determination. Such review shall be 

2 completed within 30 days after receipt of the 

3 request. 

4 ‘‘(D) TREATMENT OF DECISION MADE

5 PENDING REVIEW.—If the Council makes a de6 cision before the Secretary has completed a re7 view under subparagraph (C), the eventual rul8 ing by the Secretary in the review shall be 

9 treated as a cause for invalidation or reconsid10 eration by the Secretary of such decision, if the 

11 Secretary determines that the Council decision 

12 had an effect on the financial interest of an af13 fected individual and the affected individual’s 

14 vote decided the Council action. 

15 ‘‘(E) The Secretary, in consultation with 

16 the Councils and by not later than one year 

17 after the date of enactment of the Fisheries 

18 Management Reform Act of 2005, shall promul19 gate regulations that— 

20 ‘‘(i) prohibit an affected individual 

21 from voting in accordance with subpara22 graph (A); and 

23 ‘‘(ii) allow for the making of deter24 minations under subparagraphs (B) and 

25 (C). 
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1 ‘‘(7) RELATIONSHIP TO OTHER LAW.—Section 

2 208 of title 18, United States Code, does not apply 

3 to an affected individual referred to in paragraph 

4 (1)(A)(ii) during any time during which the indi5 vidual is in compliance with the regulations pre6 scribed under paragraph (5).’’. 

7 SEC. 4. REQUIRED PROVISIONS IN FISHERY MANAGEMENT 

8 PLANS. 

9 Section 303(a) of the Magnuson-Stevens Fishery 

10 Conservation and Management Act (16 U.S.C. 1853(a)) 

11 is amended— 

12 (1) in paragraph (1)(A) by inserting ‘‘and the 

13 associated ecosystem’’ before the semicolon at the 

14 end; 

15 (2) in paragraph (1) by striking ‘‘and’’ after 

16 the semicolon at the end of subparagraph (B), by 

17 adding ‘‘and’’ after the semicolon at the end of sub18 paragraph (C), and by adding at the end the fol19 lowing: 

20 ‘‘(D) in the case of a plan developed by a 

21 Council, at least as stringent as (or more strin22 gent than) the matters determined under sec23 tion 302(g)(1)(C)(i) by the fishery and marine 

24 science subcommittee of the Council;’’; and 
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1 (3) by amending paragraph (14) to read as fol2 lows: 

3 ‘‘(14) allocate any quotas or other conservation 

4 and management measures fairly and equitably 

5 among the commercial, recreational, and charter 

6 fishing sectors in the fishery, and allow individual 

7 sectors of the fishery to develop allocation plans that 

8 are subject to the approval of the Council.’’. 

9 SEC. 5. PEER REVIEW. 

10 Section 304 of the Magnuson-Stevens Fishery Con11 servation and Management Act (16 U.S.C. 1854) is 

12 amended by adding at the end the following: 

13 ‘‘(i) PEER REVIEW.— 

14 ‘‘(1) REVIEW REQUIREMENTS.—The Secretary, 

15 using qualified independent scientists, shall— 

16 ‘‘(A) periodically conduct peer reviews of 

17 determinations made under section 

18 302(g)(1)(C)(i) by each fishery and marine 

19 science subcommittee of a Council’s science and 

20 statistical committee; and 

21 ‘‘(B) upon request by a Council, conduct a 

22 peer review of a determination made under sec23 tion 302(g)(1)(C)(i) by a fishery and marine 

24 science subcommittee of the Council’s science 

25 and statistical committee. 
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1 ‘‘(2) IMPLEMENTATION OF DETERMINATION

2 NOT AFFECTED.—Paragraph (1)(B), and any re3 quest for review under that paragraph, shall not af4 fect any requirement that a Council implement a de5 termination that is the subject of such a request.’’. 

6 SEC. 6. COOPERATIVE RESEARCH, DATA COLLECTION, AND 

7 GEAR MODIFICATION PROGRAM. 

8 Section 305 of the Magnuson-Stevens Fishery Con9 servation and Management Act (16 U.S.C. 1855) is 

10 amended by adding at the end the following: 

11 ‘‘(j) COOPERATIVE RESEARCH, DATA COLLECTION, 

12 AND GEAR MODIFICATION PROGRAM.—In cooperation 

13 with the Councils, the fishing industry, the conservation 

14 community, and interested academics, the Secretary shall 

15 carry out a cooperative research, data collection, and gear 

16 modification program to— 

17 ‘‘(1) conduct conservation engineering projects 

18 designed to avoid bycatch, minimize the mortality of 

19 unavoidable bycatch, or minimize fishery impacts on 

20 essential fish habitat through modifications of fish21 ing gear and practices; 

22 ‘‘(2) identify ecosystem effects of fishing, to 

23 monitor marine ecosystem trends and dynamics; 
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1 ‘‘(3) collect information on the status of stocks 

2 of fish and the life history of managed species of 

3 fish; 

4 ‘‘(4) provide financial assistance to fishermen to 

5 offset the costs of modifying fishing practices and 

6 gear to meet the requirements of this Act; 

7 ‘‘(5) provide financial assistance to States for 

8 programs to improve recreational fishing data; and 

9 ‘‘(6) provide financial or other incentives for 

10 fishermen to develop and utilize fishing gear and 

11 practices that avoid bycatch, the mortality of un12 avoidable bycatch, and adverse impacts on essential 

13 fish habitat.’’. 

14 SEC. 7. AMENDMENTS TO SALTONSTALL-KENNEDY ACT. 

15 (a) USE OF TRANSFERRED AMOUNTS.—Section 2(b) 

16 of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)), 

17 popularly known as the Saltonstall-Kennedy Act, is 

18 amended to read as follows: 

19 ‘‘(b) TRANSFER OF FUNDS.—The Secretary of Agri20 culture shall transfer to the Secretary each fiscal year 

21 from moneys made available to carry out the provisions 

22 of section 32 of such Act of August 24, 1935, an amount 

23 equal to 30 percent of the gross receipts from duties col24 lected under the customs laws on fishery products (includ25 ing fish, shellfish, mollusks, crustacea, aquatic plants and 
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1 animals, and any products thereof, including processed 

2 and manufactured products), which shall be maintained 

3 in a separate fund only for use by the Secretary— 

4 ‘‘(1) to provide financial assistance for the pur5 pose of carrying out fisheries research and develop6 ment projects approved under subsection (c); 

7 ‘‘(2) to implement the national fisheries re8 search and development program provided for under 

9 subsection (d); 

10 ‘‘(3) to implement the Northwest Atlantic 

11 Ocean Fisheries Reinvestment Program established 

12 under section 314 of the Magnuson-Stevens Fishery 

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

14 1863); 

15 ‘‘(4) to fund the Federal share of a fishing ca16 pacity reduction program established under section 

17 312 of the Magnuson-Stevens Fishery Conservation 

18 and Management Act (16 U.S.C. 1861a); and 

19 ‘‘(5) to implement section 305(j) of the Magnu20 son-Stevens Fishery Conservation and Management 

21 Act (16 U.S.C. 1855(j)).’’. 

22 (b) ALLOCATION OF FUND MONEYS.—Section 

23 2(e)(1) of such Act (15 U.S.C. 713c–3(e)) is amended— 
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1 (1) in the first sentence by inserting ‘‘and such 

2 other purposes as are authorized by this Act’’ after 

3 ‘‘provisions of this section’’; 

4 (2) by inserting after the first sentence the fol5 lowing: 

6 ‘‘Amounts available for allocation under this subsection 

7 shall be in addition to amounts appropriated for National 

8 Marine Fisheries Service operations.’’; 

9 (3) in paragraph (1)(A) by striking ‘‘no less 

10 than 60 per centum $5,000,000 of such moneys’’ 

11 and inserting ‘‘$5,000,000’’; and 

12 (4) by amending paragraph (1)(B) to read as 

13 follows: 

14 ‘‘(B) The Secretary shall use the balance 

15 of the moneys in the fund to finance activities 

16 carried out under section 305(k) of the Magnu17 son-Stevens Fishery Conservation and Manage18 ment Act (16 U.S.C. 1855(k)).’’. 

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