I 

116TH CONGRESS 

1ST SESSION H. R. 3697 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to provide flexibility for fishery managers and stability for fishermen, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2019 

Mr. YOUNG (for himself and Mr. VAN DREW) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

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

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 ‘‘Strengthening Fishing 

5 Communities and Increasing Flexibility in Fisheries Man6 agement Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. Plan for electronic monitoring and reporting procedures for the 

Northeast Multispecies Fishery. 

Sec. 503. Study of fees charged to lobster fishing industry. 

Sec. 504. Limitation on application of prohibition on Atlantic striped bass fishing in Block Island Sound transit zone. 

Sec. 505. Funding for monitoring implementation of Northeast Multispecies 

Fishery Management Plan. 


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TITLE VI—REEF ASSASSIN ACT 

Sec. 601. Short title. 

Sec. 602. Encouraging elimination of lionfish. 

1 SEC. 3. DEFINITIONS. 

2 In this Act, any term used that is defined in section 

3 3 of the Magnuson-Stevens Fishery Conservation and 

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

5 meaning such term has under that section. 

6 SEC. 4. REFERENCES. 

7 Except as otherwise specifically provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

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

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

13 TITLE I—MAGNUSON-STEVENS 

14 ACT FINDINGS AND DEFINI15 TIONS AMENDMENTS AND RE16 AUTHORIZATION 

17 SEC. 101. AMENDMENTS TO FINDINGS. 

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

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

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

21 (2) in paragraph (10), by inserting ‘‘and tradi22 tional ways of life’’ after ‘‘economic growth’’. 


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1 SEC. 102. AMENDMENTS TO DEFINITIONS. 

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

3 amended— 

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

5 program’’; 

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

7 ‘overfishing’ and ‘overfished’ mean’’ and inserting 

8 ‘‘The term ‘overfishing’ means’’; 

9 (3) by inserting after paragraph (8) the fol10 lowing: 

11 ‘‘(8a) The term ‘depleted’ means, with respect 

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

13 or stock complex has a biomass that has declined 

14 below a level that jeopardizes the capacity of the 

15 stock or stock complex to produce maximum sustain16 able yield on a continuing basis.’’; and 

17 (4) by inserting after paragraph (43) the fol18 lowing: 

19 ‘‘(43a)(A) The term ‘subsistence fishing’ means 

20 fishing in which the fish harvested are intended for 

21 customary and traditional uses, including for direct 

22 personal or family consumption as food or clothing; 

23 for the making or selling of handicraft articles out 

24 of nonedible byproducts taken for personal or family 

25 consumption, for barter, or sharing for personal or 


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1 family consumption; and for customary exchange or 

2 trade. 

3 ‘‘(B) In this paragraph— 

4 ‘‘(i) the term ‘family’ means all persons re5 lated by blood, marriage, or adoption, or any 

6 person living within the household on a perma7 nent basis; and 

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

9 of a fish or fish part— 

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

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

12 items other than money if the exchange is 

13 of a limited and noncommercial nature.’’. 

14 (b) SUBSTITUTION OF TERM.—The Magnuson-Ste15 vens Fishery Conservation and Management Act (16 

16 U.S.C. 1801 et seq.) is amended— 

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

18 ‘‘OVERFISHED’’ and inserting ‘‘DEPLETED’’; and 

19 (2) by striking ‘‘overfished’’ each place it ap20 pears and inserting ‘‘depleted’’. 

21 (c) CLARITY IN ANNUAL REPORT.—Section 

22 304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by adding 

23 at the end the following: ‘‘The report shall distinguish be24 tween fisheries that are depleted (or approaching that con25 dition) as a result of fishing and fisheries that are depleted 


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1 (or approaching that condition) as a result of factors other 

2 than fishing. The report shall state, for each fishery iden3 tified as depleted or approaching that condition, whether 

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

5 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

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

10 ‘‘each of fiscal years 2020 through 2024’’. 

11 TITLE II—FISHERIES MANAGE12 MENT FLEXIBILITY AND MOD13 ERNIZATION 

14 SEC. 201. DEFINITIONS. 

15 For the purposes of implementing this title: 

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ means— 

19 (A) the Committee on Commerce, Science, 

20 and Transportation of the Senate; and 

21 (B) the Committee on Natural Resources 

22 of the House of Representatives. 

23 (2) LIMITED ACCESS PRIVILEGE PROGRAM.— 

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

25 a program that meets the requirements of section 


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1 303A of the Magnuson-Stevens Fishery Conserva2 tion and Management Act (16 U.S.C. 1853a). 

3 (3) MIXED-USE FISHERY.—The term ‘‘mixed4 use fishery’’ means a Federal fishery in which two 

5 or more of the following occur: 

6 (A) Recreational fishing. 

7 (B) Charter fishing. 

8 (C) Commercial fishing. 

9 SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH 

10 ATLANTIC AND GULF OF MEXICO MIXED-USE 

11 FISHERIES. 

12 (a) STUDY OF ALLOCATIONS IN MIXED-USE FISH13 ERIES.—Not later than 60 days after the date of enact14 ment of this Act, the Secretary of Commerce shall seek 

15 to enter into an arrangement with the National Academy 

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

17 of Mexico mixed-use fisheries— 

18 (1) to provide guidance to each applicable 

19 Council on criteria that could be used for allocating 

20 fishing privileges, including consideration of the con21 servation and socioeconomic benefits of the commer22 cial, recreational, and charter components of a fish23 ery, in the preparation of a fishery management 

24 plan; 


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1 (2) to identify sources of information that could 

2 reasonably support the use of such criteria in alloca3 tion decisions; 

4 (3) to develop procedures for allocation reviews 

5 and potential adjustments in allocations; and 

6 (4) that shall consider the ecological, economic 

7 and social factors relevant to each component of the 

8 mixed-use fishery including but not limited to: fair9 ness and equitability of all current allocations; per10 cent utilization of available allocations by each com11 ponent; consumer and public access to the resource; 

12 and the application of economic models for fully esti13 mating the direct and indirect value-added contribu14 tions of the various commercial and recreational 

15 fishing industry market sectors throughout chain of 

16 custody. 

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

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

19 National Academy of Sciences shall submit to the appro20 priate committees of Congress a report on the study con21 ducted under that subsection. 

22 (c) PROCESS FOR ALLOCATION REVIEW AND ESTAB23 LISHMENT.— 

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

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


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1 thereafter, an applicable Council shall perform a re2 view of the allocations to the commercial fishing sec3 tor and the recreational fishing sector of all applica4 ble fisheries in its jurisdiction. 

5 (2) CONSIDERATIONS.—In conducting a review 

6 under paragraph (1), an applicable Council shall 

7 consider, in each allocation decision, the conserva8 tion and socioeconomic benefits of— 

9 (A) the commercial fishing sector; and 

10 (B) the recreational fishing sector. 

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

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

13 (1) the South Atlantic Fishery Management 

14 Council; or 

15 (2) the Gulf of Mexico Fishery Management 

16 Council. 

17 SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEAS18 URES. 

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

20 (1) in paragraph (8), by striking ‘‘; and’’ and 

21 inserting a semicolon; 

22 (2) by redesignating paragraph (9) as para23 graph (10); and 

24 (3) by inserting after paragraph (8), the fol25 lowing: 


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1 ‘‘(9) have the authority to use alternative fish2 ery management measures in a recreational fishery 

3 (or the recreational component of a mixed-use fish4 ery), including extraction rates, fishing mortality 

5 targets, and harvest control rules, in developing a 

6 fishery management plan, plan amendment, or pro7 posed regulations; and’’. 

8 SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 

9 REQUIREMENT. 

10 (a) REGIONAL FISHERY MANAGEMENT COUNCILS.— 

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

12 the end the following: 

13 ‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN14 NUAL CATCH LIMIT REQUIREMENTS.— 

15 ‘‘(1) ANNUAL CATCH LIMIT REQUIREMENT FOR

16 CERTAIN DATA-POOR FISHERIES.—Notwithstanding 

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

18 which the total annual catch limit is 25 percent or 

19 more below the overfishing limit, a peer-reviewed 

20 stock survey and stock assessment have not been 

21 performed during the preceding 5 fishing years, and 

22 the stock is not subject to overfishing, a Council 

23 may, after notifying the Secretary, maintain the cur24 rent annual catch limit for the stock until a peer-re25 viewed stock survey and stock assessment are conVerDate Sep 11 2014 01:50 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3697.IH H3697

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1 ducted and the results are considered by the Council 

2 and its scientific and statistical committee. 

3 ‘‘(2) CONSIDERATION OF ECOSYSTEM AND ECO4 NOMIC IMPACTS.—In establishing annual catch lim5 its a Council may, consistent with subsection (h)(6), 

6 consider changes in an ecosystem and the economic 

7 needs of the fishing communities. 

8 ‘‘(3) LIMITATIONS TO ANNUAL CATCH LIMIT

9 REQUIREMENT FOR SPECIAL FISHERIES.—Notwith10 standing subsection (h)(6), a Council is not required 

11 to develop an annual catch limit for— 

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

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

14 cycle of approximately 1 year, unless the Sec15 retary has determined the fishery is subject to 

16 overfishing; or 

17 ‘‘(C) a stock for which— 

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

19 class will complete their life cycle in less 

20 than 18 months; and 

21 ‘‘(ii) fishing mortality will have little 

22 impact on the stock. 

23 ‘‘(4) RELATIONSHIP TO INTERNATIONAL FISH24 ERY EFFORTS.— 


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

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

3 ‘‘(i) may take into account manage4 ment measures under international agree5 ments in which the United States partici6 pates; and 

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

8 limit developed by a Council for a species, 

9 shall take into account fishing for the spe10 cies outside the exclusive economic zone 

11 and the life-history characteristics of the 

12 species that are not subject to the jurisdic13 tion of the Council. 

14 ‘‘(B) EXCEPTION TO ANNUAL CATCH LIMIT

15 REQUIREMENT.—If fishery management activi16 ties by another country with respect to fishing 

17 outside the exclusive economic zone may hinder 

18 conservation efforts by United States fishermen 

19 for a fish species for which any of the recruit20 ment, distribution, life history, or fishing activi21 ties are transboundary, and for which there is 

22 no informal transboundary agreement with that 

23 country in effect, then— 

24 ‘‘(i) notwithstanding subsection 

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


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1 be developed for the species by a Council; 

2 and 

3 ‘‘(ii) if an annual catch limit is devel4 oped by a Council for the species, the catch 

5 limit shall take into account fishing for the 

6 species outside the exclusive economic zone 

7 that is not subject to the jurisdiction of the 

8 Council. 

9 ‘‘(5) AUTHORIZATION FOR MULTISPECIES COM10 PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 

11 For purposes of subsection (h)(6), a Council may es12 tablish— 

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

14 complex; or 

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

16 any continuous period that is not more than 3 

17 years in duration. 

18 ‘‘(6) ECOSYSTEM-COMPONENT SPECIES DE19 FINED.—In this subsection the term ‘ecosystem-com20 ponent species’ means a stock of fish that is a non21 target, incidentally harvested stock of fish in a fish22 ery, or a nontarget, incidentally harvested stock of 

23 fish that a Council or the Secretary has deter24 mined— 


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1 ‘‘(A) is not subject to overfishing, ap2 proaching a depleted condition or depleted; and 

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

4 overfishing or depleted in the absence of con5 servation and management measures. 

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

7 this subsection shall be construed as providing an 

8 exemption from the requirements of section 301(a) 

9 of this Act.’’. 

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

11 U.S.C. 1854) is amended— 

12 (1) by striking ‘‘(i) INTERNATIONAL OVER13 FISHING.—’’ and inserting ‘‘(j) INTERNATIONAL

14 OVERFISHING.—’’; 

15 (2) in subsection (j)(1), as redesignated, by in16 serting ‘‘shall’’ before ‘‘immediately’’; and 

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

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

19 than 2 years after the date that the Secretary receives no20 tice from a Council under section 302(m), the Secretary 

21 shall complete a peer-reviewed stock survey and stock as22 sessment of the applicable stock of fish and transmit the 

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


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1 SEC. 205. LIMITATION ON FUTURE CATCH SHARE PRO2 GRAMS. 

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

4 1802) is amended by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘(2a) The term ‘catch share’ means any fishery 

7 management program that allocates a specific per8 centage of the total allowable catch for a fishery, or 

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

10 community, processor, representative of a commer11 cial sector, or regional fishery association established 

12 in accordance with section 303A(c)(4), or other enti13 ty.’’. 

14 (b) CATCH SHARE REFERENDUM PILOT PRO15 GRAM.— 

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

17 U.S.C. 1853a(c)(6)(D)) is amended to read as fol18 lows: 

19 ‘‘(D) CATCH SHARE REFERENDUM PILOT

20 PROGRAM.— 

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

22 South Atlantic, and Gulf of Mexico Coun23 cils may not submit a fishery management 

24 plan or amendment that creates a catch 

25 share program for a fishery, and the Sec26 retary may not approve or implement such 


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1 a plan or amendment submitted by such a 

2 Council or a Secretarial plan or amend3 ment under section 304(c) that creates 

4 such a program, unless the final program 

5 has been approved, in a referendum in ac6 cordance with this subparagraph, by a ma7 jority of the permit holders eligible to par8 ticipate in the fishery. For multispecies 

9 permits in the Gulf of Mexico, any permit 

10 holder with landings from within the sector 

11 of the fishery being considered for the 

12 catch share program within the 5-year pe13 riod preceding the date of the referendum 

14 and still active in fishing in the fishery 

15 shall be eligible to participate in such a 

16 referendum. If a catch share program is 

17 not approved by the requisite number of 

18 permit holders, it may be revised and sub19 mitted for approval in a subsequent ref20 erendum. 

21 ‘‘(ii) The Secretary shall conduct a 

22 referendum under this subparagraph, in23 cluding notifying all permit holders eligible 

24 to participate in the referendum and mak25 ing available to them— 


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1 ‘‘(I) a copy of the proposed pro2 gram; 

3 ‘‘(II) an estimate of the costs of 

4 the program, including costs to par5 ticipants; 

6 ‘‘(III) an estimate of the amount 

7 of fish or percentage of quota each 

8 permit holder would be allocated; and 

9 ‘‘(IV) information concerning the 

10 schedule, procedures, and eligibility 

11 requirements for the referendum proc12 ess. 

13 ‘‘(iii) For the purposes of this sub14 paragraph, the term ‘permit holder eligible 

15 to participate’ only includes the holder of 

16 a permit for a fishery under which fishing 

17 has occurred in 3 of the 5 years preceding 

18 a referendum for the fishery, unless sick19 ness, injury, or other unavoidable hardship 

20 prevented the permit holder from engaging 

21 in such fishing. 

22 ‘‘(iv) The Secretary may not imple23 ment any catch share program for any 

24 fishery managed exclusively by the Sec25 retary unless first petitioned by a majority 


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1 of those permit holders eligible to partici2 pate in the fishery.’’. 

3 (2) LIMITATION ON APPLICATION.—The amend4 ment made by paragraph (1) shall not apply to a 

5 catch share program that is submitted to, or pro6 posed by, the Secretary of Commerce before the date 

7 of enactment of this Act. 

8 (3) REGULATIONS.—Before conducting a ref9 erendum under the amendment made by paragraph 

10 (1), the Secretary of Commerce shall issue regula11 tions implementing such amendment after providing 

12 an opportunity for submission by the public of com13 ments on the regulations. 

14 SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PRO15 GRAMS FOR MIXED-USE FISHERIES. 

16 (a) STUDY ON LIMITED ACCESS PRIVILEGE PRO17 GRAMS.—Not later than 1 year after the date of enact18 ment of this Act, the Secretary of Commerce shall seek 

19 to enter into an arrangement under which the Ocean Stud20 ies Board of the National Academies of Sciences, Engi21 neering, and Medicine shall— 

22 (1) study the use of limited access privilege pro23 grams in mixed-use fisheries, including— 

24 (A) identifying any inequities caused by a 

25 limited access privilege program; 


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1 (B) recommending policies to address the 

2 inequities identified in subparagraph (A); and 

3 (C) identifying and recommending the dif4 ferent factors and information a mixed-use fish5 ery should consider when designing, estab6 lishing, or maintaining a limited access privilege 

7 program to mitigate any inequities identified in 

8 subparagraph (A); and 

9 (2) submit to the appropriate committees of 

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

11 including the recommendations under subparagraphs 

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

13 (b) TEMPORARY MORATORIUM.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), there shall be a moratorium on the sub16 mission and approval of a limited access privilege 

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

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

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

20 Council may submit, and the Secretary of Commerce 

21 may approve, for a mixed-use fishery that is man22 aged under a limited access system, a limited access 

23 privilege program if such program was part of a 

24 pending fishery management plan or plan amend25 ment before the date of enactment of this Act. 


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1 (3) MANDATORY REVIEW.—A Council that ap2 proves a limited access privilege program under 

3 paragraph (2) shall, upon issuance of the report re4 quired under subparagraph (a), review and, to the 

5 extent practicable, revise the limited access privilege 

6 program to be consistent with the recommendations 

7 of the report or any subsequent statutory or regu8 latory requirements designed to implement the rec9 ommendations of the report. 

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

11 section may be construed to affect a limited access 

12 privilege program approved by the Secretary of 

13 Commerce before the date of enactment of this Act. 

14 SEC. 207. COOPERATIVE DATA COLLECTION. 

15 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

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

17 the end the following: 

18 ‘‘(f) IMPROVING DATA COLLECTION AND ANAL19 YSIS.— 

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

21 the date of enactment of this Act, the Secretary 

22 shall develop, in consultation with the science and 

23 statistical committees of the Councils established 

24 under section 302(g) and the Marine Fisheries Com25 missions, and submit to the Committee on ComVerDate Sep 11 2014 01:50 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3697.IH H3697

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1 merce, Science, and Transportation of the Senate 

2 and the Committee on Natural Resources of the 

3 House of Representatives a report on facilitating 

4 greater incorporation of data, analysis, stock assess5 ments, and surveys from State agencies and non6 governmental sources described in paragraph (2) 

7 into fisheries management decisions. 

8 ‘‘(2) NONGOVERNMENTAL SOURCES.—Non9 governmental sources referred to in paragraph (1) 

10 include the following: 

11 ‘‘(A) Fishermen. 

12 ‘‘(B) Fishing communities. 

13 ‘‘(C) Universities. 

14 ‘‘(D) Research and philanthropic institu15 tions. 

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

17 under paragraph (1), the Secretary shall— 

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

19 especially concerning recreational fishing, that 

20 can be reliably used for purposes of this Act as 

21 the basis for establishing conservation and man22 agement measures as required by section 

23 303(a)(1), including setting standards for the 

24 collection and use of that data and analysis in 


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1 stock assessments and surveys and for other 

2 purposes as determined by the Secretary; 

3 ‘‘(B) provide specific recommendations for 

4 collecting data and performing analyses identi5 fied as necessary to reduce uncertainty in and 

6 improve the accuracy of future stock assess7 ments, including whether such data and anal8 ysis could be provided by nongovernmental 

9 sources, including fishermen, fishing commu10 nities, universities, and research institutions; 

11 ‘‘(C) consider the extent to which it is pos12 sible to establish a registry of persons collecting 

13 or submitting the data and performing the 

14 analyses identified under subparagraphs (A) 

15 and (B); and 

16 ‘‘(D) consider the extent to which the ac17 ceptance and use of data and analyses identi18 fied in the report in fishery management deci19 sions is practicable.’’. 

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

21 make available on the Internet Website of the National 

22 Oceanic and Atmospheric Administration the report re23 quired under the amendment made by subsection (a) by 

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

25 this Act. 


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1 (c) NAS REPORT RECOMMENDATIONS.—The Sec2 retary of Commerce shall take into consideration and, to 

3 the extent feasible, implement the recommendations of the 

4 National Academy of Sciences in the report entitled ‘‘Re5 view of the Marine Recreational Information Program 

6 (2017)’’, including— 

7 (1) prioritizing the evaluation of electronic data 

8 collection, including smartphone applications, elec9 tronic diaries for prospective data collection, and an 

10 Internet website option for panel members or for the 

11 public; 

12 (2) evaluating whether the design of the Marine 

13 Recreational Information Program for the purposes 

14 of stock assessment and the determination of stock 

15 management reference points is compatible with the 

16 needs of in-season management of annual catch lim17 its; and 

18 (3) if the Marine Recreational Information Pro19 gram is incompatible with the needs of in-season 

20 management of annual catch limits, determining an 

21 alternative method for in-season management. 

22 SEC. 208. RECREATIONAL FISHING DATA. 

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

24 redesignating paragraph (5) as paragraph (6), and by in25 serting after paragraph (4) the following: 


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1 ‘‘(5) FEDERAL-STATE PARTNERSHIPS.— 

2 ‘‘(A) ESTABLISHMENT.—The Secretary 

3 shall establish partnerships with States to de4 velop best practices for implementation of State 

5 programs established pursuant to paragraph 

6 (2). 

7 ‘‘(B) GUIDANCE.—The Secretary shall de8 velop guidance, in cooperation with the States, 

9 that details best practices for administering 

10 State programs pursuant to paragraph (2), and 

11 provide such guidance to the State.’’. 

12 SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO 

13 FISHERY MANAGEMENT COUNCILS. 

14 (a) COUNCIL JURISDICTION FOR OVERLAPPING

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

16 amended— 

17 (1) in subparagraph (A), in the second sen18 tence— 

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

20 and 

21 (B) by inserting before the period at the 

22 end ‘‘and a liaison who is a member of the Mid23 Atlantic Fishery Management Council to rep24 resent the interests of fisheries under the juris25 diction of such Council’’; and 


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1 (2) in subparagraph (B), in the second sen2 tence— 

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

4 and 

5 (B) by inserting before the period at the 

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

7 England Fishery Management Council to rep8 resent the interests of fisheries under the juris9 diction of such Council’’. 

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

11 1852(b)(2)) is amended— 

12 (1) in subparagraph (A), by striking ‘‘or rec13 reational’’ and inserting ‘‘, recreational, or subsist14 ence fishing’’; and 

15 (2) in subparagraph (C), in the second sen16 tence, by inserting ‘‘, and in the case of the Gov17 ernor of Alaska with the subsistence fishing interests 

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

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

20 1801(b)(3)) is amended by striking ‘‘and recreational’’ 

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

22 (d) PROHIBITION ON CONSIDERING RED SNAPPER

23 KILLED DURING REMOVAL OF OIL RIGS.—Any red snap24 per that are killed during the removal of any offshore oil 

25 rig in the Gulf of Mexico shall not be considered in deterVerDate Sep 11 2014 01:50 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3697.IH H3697

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1 mining under the Magnuson-Stevens Fishery Conservation 

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

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

4 (e) PROHIBITION ON CONSIDERING FISH SEIZED

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

6 a foreign vessel engaged in illegal fishing activities in the 

7 exclusive economic zone shall not be considered in deter8 mining under the Magnuson-Stevens Fishery Conservation 

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

10 allowable catch for that fishery. 

11 SEC. 210. NORTHEAST REGIONAL PILOT RESEARCH TRAWL 

12 SURVEY AND STUDY. 

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

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

15 of Commerce shall, in coordination with the relevant 

16 Councils selected by the Secretary and the Northeast Area 

17 Monitoring and Assessment Program (NEAMAP), develop 

18 a fishing industry-based Northeast regional pilot research 

19 trawl survey and study to enhance and provide improve20 ment to current National Oceanic and Atmospheric Ad21 ministration vessel trawl surveys. 

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

23 study— 

24 (1) the Secretary— 


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1 (A) may select fishing industry vessels to 

2 participate in the study by issuing a request for 

3 procurement; 

4 (B) may use the NEAMAP Southern New 

5 England/Mid-Atlantic Nearshore Trawl Survey 

6 as a model for the pilot survey; and 

7 (C) shall outfit participating vessels with a 

8 peer-reviewed net configuration; and 

9 (2) the selected Councils shall, in partnership 

10 with the National Marine Fisheries Service North11 east Fisheries Science Center and the Virginia Insti12 tute of Marine Science, collect data and evaluate dis13 crepancies between fishing industry vessel data and 

14 National Oceanic and Atmospheric Administration 

15 vessel data, for 5 years. 

16 (c) REPORT.—Upon completion of the pilot survey 

17 and study, the Secretary and the selected Councils shall 

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

19 and study to the Committee on Natural Resources of the 

20 House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate. 


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1 TITLE III—HEALTHY FISHERIES 

2 THROUGH BETTER SCIENCE 

3 SEC. 301. HEALTHY FISHERIES THROUGH BETTER 

4 SCIENCE. 

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

6 (16 U.S.C. 1802), as amended by section 102(a) of this 

7 Act, is further amended by redesignating the paragraphs 

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

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

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

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

12 a stock of fish, that includes— 

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

14 for such stock, including— 

15 ‘‘(i) the geographical boundaries of 

16 such stock; and 

17 ‘‘(ii) information on age, growth, nat18 ural mortality, sexual maturity and repro19 duction, feeding habits, and habitat pref20 erences of such stock; and 

21 ‘‘(B) fishing for the stock.’’. 

22 (b) STOCK ASSESSMENT PLAN.— 

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

24 1881c), as amended by section 207(a) of this Act, 


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1 is further amended by adding at the end the fol2 lowing: 

3 ‘‘(g) STOCK ASSESSMENT PLAN.— 

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

5 and publish in the Federal Register, on the same 

6 schedule as required for the strategic plan required 

7 under subsection (b) of this section, a plan to con8 duct stock assessments for all stocks of fish for 

9 which a fishery management plan is in effect under 

10 this Act. 

11 ‘‘(2) CONTENTS.—The plan shall— 

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

13 stock assessment has previously been con14 ducted— 

15 ‘‘(i) establish a schedule for updating 

16 the stock assessment that is reasonable 

17 given the biology and characteristics of the 

18 stock; and 

19 ‘‘(ii) subject to the availability of ap20 propriations, require completion of a new 

21 stock assessment, or an update of the most 

22 recent stock assessment— 

23 ‘‘(I) every 5 years; 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 stock of fish for which a 

5 stock assessment has not previously been con6 ducted— 

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 within 3 years after 

14 the plan is published in the Federal Reg15 ister unless another time period is specified 

16 and justified by the Secretary in the plan; 

17 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 such data and analysis could 

23 be provided by fishermen, fishing communities, 

24 universities, and research institutions, to the ex25 tent that use of such data would be consistent 


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

2 base conservation and management measures 

3 on the best scientific information available. 

4 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE5 MENT.—Notwithstanding subparagraphs (A)(ii) and 

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

7 stock of fish in the plan if the Secretary determines 

8 that such a stock assessment is not necessary and 

9 justifies such determination in the Federal Register 

10 notice required by this subsection.’’. 

11 (2) DEADLINE.—Notwithstanding section 

12 404(g)(1) of the Magnuson-Stevens Fishery Con13 servation and Management Act, as amended by this 

14 section, the Secretary of Commerce shall issue the 

15 first stock assessment plan under such section by 

16 not later than 2 years after the date of enactment 

17 of this Act. 

18 SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. 

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

20 1852(g)(1)(B)) is amended by adding at the end the fol21 lowing: ‘‘Each scientific and statistical committee shall de22 velop such advice in a transparent manner and allow for 

23 public involvement in the process.’’. 

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

25 1852(i)(2)) is amended by adding at the end the following: 


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

2 the Internet Web site of the Council— 

3 ‘‘(i) to the extent practicable, a 

4 Webcast, an audio recording, or a live 

5 broadcast of each meeting of the Council, 

6 and of the Council Coordination Com7 mittee established under subsection (l), 

8 that is not closed in accordance with para9 graph (3); and 

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

11 in person or by video conference), or a 

12 searchable audio or written transcript of 

13 each meeting of the Council and of the 

14 meetings of committees referred to in sec15 tion (g)(1)(B) of the Council by not later 

16 than 30 days after the conclusion of the 

17 meeting. 

18 ‘‘(H) The Secretary shall maintain and 

19 make available to the public an archive of 

20 Council and scientific and statistical committee 

21 meeting audios, videos, and transcripts made 

22 available under clauses (i) and (ii) of subpara23 graph (G).’’. 


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1 SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS. 

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

3 U.S.C. 1854(e)) is amended— 

4 (1) in paragraph (4)— 

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

6 ‘‘possible’’ and inserting ‘‘practicable’’; 

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

8 read as follows: 

9 ‘‘(ii) may not exceed the time the 

10 stock would be rebuilt without fishing oc11 curring plus one mean generation, except 

12 in a case in which— 

13 ‘‘(I) the biology of the stock of 

14 fish, other environmental conditions, 

15 or management measures under an 

16 international agreement in which the 

17 United States participates dictate oth18 erwise; 

19 ‘‘(II) the Secretary determines 

20 that the cause of the stock being de21 pleted is outside the jurisdiction of the 

22 Council or the rebuilding program 

23 cannot be effective only by limiting 

24 fishing activities; 

25 ‘‘(III) the Secretary determines 

26 that one or more components of a 


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1 mixed-stock fishery is depleted but 

2 cannot be rebuilt within that time 

3 frame without significant economic 

4 harm to the fishery, or cannot be re5 built without causing another compo6 nent of the mixed-stock fishery to ap7 proach a depleted status; 

8 ‘‘(IV) the Secretary determines 

9 that recruitment, distribution, or life 

10 history of, or fishing activities for, the 

11 stock are affected by informal trans12 boundary agreements under which 

13 management activities outside the ex14 clusive economic zone by another 

15 country may hinder conservation and 

16 management efforts by United States 

17 fishermen; and 

18 ‘‘(V) the Secretary determines 

19 that the stock has been affected by 

20 unusual events that make rebuilding 

21 within the specified time period im22 probable without significant economic 

23 harm to fishing communities;’’; 

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

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1 nating subparagraphs (B) and (C) as subpara2 graphs (C) and (D), and by inserting after sub3 paragraph (A) the following: 

4 ‘‘(B) take into account environmental con5 dition including predator/prey relationships;’’; 

6 and 

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

8 subparagraph (D) (as so redesignated) and in9 serting ‘‘; and’’, and by adding at the end the 

10 following: 

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

12 rebuilding targets, evaluating environmental im13 pacts on rebuilding progress, and evaluating 

14 progress being made toward reaching rebuilding 

15 targets.’’; and 

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

17 ‘‘(8) A fishery management plan, plan amend18 ment, or proposed regulations may use alternative 

19 rebuilding strategies, including harvest control rules 

20 and fishing mortality-rate targets to the extent they 

21 are in compliance with the requirements of this Act. 

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

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

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1 retary concurs that the original determination that 

2 the fishery was depleted was erroneous, either— 

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

4 the effective date a fishery management plan, 

5 plan amendment, or proposed regulation for a 

6 fishery under this subsection takes effect; or 

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

8 of the next stock assessment after such deter9 mination.’’. 

10 (b) EMERGENCY REGULATIONS AND INTERIM MEAS11 URES.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 

12 is amended by striking ‘‘180 days after’’ and all that fol13 lows through ‘‘provided’’ and inserting ‘‘1 year after the 

14 date of publication, and may be extended by publication 

15 in the Federal Register for one additional period of not 

16 more than 1 year, if’’. 

17 SEC. 304. EXEMPTED FISHING PERMITS. 

18 (a) OBJECTIONS.—If the relevant Council, the Inter19 state Marine Fisheries Commission, or the fish and wild20 life agency of an affected State objects to the approval 

21 and issuance of an exempted fishing permit under section 

22 600.745 of title 50, Code of Federal Regulations, or any 

23 successor regulation, the Regional Administrator of the 

24 National Marine Fisheries Service who issued such ex25 empted fishing permit shall respond to such entity in writVerDate Sep 11 2014 01:50 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3697.IH H3697

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1 ing detailing why such exempted fishing permit was 

2 issued. 

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

4 month period beginning on the date the exempted fishing 

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

6 of Federal Regulations, or any successor regulation, the 

7 Council that prepared the fishery management plan, or the 

8 Secretary in the case of a fishery management plan pre9 pared and implemented by the Secretary, shall review the 

10 exempted fishing permit and determine whether any unin11 tended negative impacts have occurred that would warrant 

12 the discontinuation of the permit. 

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

14 exempted fishing permit under section 600.745 of title 50, 

15 Code of Federal Regulations, or any successor regulation 

16 that— 

17 (1) establishes a limited access system as de18 fined in section 3 of the Magnuson-Stevens Fishery 

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

20 1802); 

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

22 (16 U.S.C. 1853a); or 

23 (3) establishes a catch share program as de24 fined in section 206(a) of this Act. 


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

2 nothing in this section may be construed to affect an ex3 empted fishing permit approved under section 600.745 of 

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

5 the enactment of this Act. 

6 SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT 

7 PROGRAM. 

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

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

10 the first sentence, and by adding at the end the fol11 lowing: 

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

13 of the Strengthening Fishing Communities and In14 creasing Flexibility in Fisheries Management Act, 

15 and after consultation with the Councils, the Sec16 retary shall publish a plan for implementing and 

17 conducting the program established in paragraph 

18 (1). Such plan shall identify and describe critical re19 gional fishery management and research needs, pos20 sible projects that may address those needs, and es21 timated costs for such projects. The plan shall be re22 vised and updated every 5 years, and updated plans 

23 shall include a brief description of projects that were 

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


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1 and management needs that were addressed by those 

2 projects.’’; and 

3 (2) in subsection (c)— 

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

5 and inserting ‘‘PRIORITIES’’; and 

6 (B) in paragraph (1), by striking ‘‘includ7 ing’’ and all that follows and inserting the fol8 lowing: ‘‘including— 

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

10 or other marine technology; 

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

12 reporting programs and technology; and 

13 ‘‘(C) improving monitoring and observer 

14 coverage through the expanded use of electronic 

15 monitoring devices.’’. 

16 SEC. 306. FEDERAL GULF OF MEXICO RED SNAPPER MAN17 AGEMENT. 

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

19 amended to read as follows: 

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

21 ‘‘(a) SUBMISSION.—A Gulf State that conducts a ma22 rine recreational fisheries statistical survey in the Gulf of 

23 Mexico to make catch estimates for red snapper landed 

24 in such State may submit such survey to the Secretary 

25 for certification. 


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

2 90 days after the date of enactment of the Strengthening 

3 Fishing Communities and Increasing Flexibility in Fish4 eries Management Act, the Secretary shall establish and 

5 provide the Gulf States with standards for certifying State 

6 marine recreational fisheries statistical surveys that 

7 shall— 

8 ‘‘(1) ensure that State marine recreational fish9 eries statistical surveys are appropriately pilot test10 ed, independently peer reviewed, and endorsed for 

11 implementation by the reviewers; 

12 ‘‘(2) use designs consistent with accepted sur13 vey sampling practices; and 

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

15 sources of survey error. 

16 ‘‘(c) CERTIFICATION.— 

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

18 certification or a denial of certification for any ma19 rine recreational fisheries statistical survey sub20 mitted under subsection (a) not later than the end 

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

22 survey and information needed to evaluate the sur23 vey under the standards established under sub24 section (b) are submitted. 


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1 ‘‘(2) TIMING.—In the case of a certification re2 quest from a Gulf State, the Secretary shall begin 

3 evaluation of the request upon receipt of all informa4 tion necessary to make a determination consistent 

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

6 ‘‘(3) DEEMED CERTIFIED.—A marine rec7 reational fisheries statistical survey shall be deemed 

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

9 month period described in paragraph (1) if the Sec10 retary has not made a certification or denial of cer11 tification. 

12 ‘‘(d) MODIFICATION OF SURVEYS DENIED CERTIFI13 CATION.— 

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

15 fisheries statistical survey of a Gulf State is denied 

16 certification under subsection (c), the Secretary 

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

18 denial, provide the Gulf State a proposal for modi19 fications to the survey. 

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

21 State for a survey under paragraph (1)— 

22 ‘‘(A) shall be specific to the survey sub23 mitted by such Gulf State and may not be con24 strued to apply to any other Gulf State; 


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

2 possible provisions of the survey; and 

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

4 such Gulf State to revise the survey. 

5 ‘‘(3) MODIFIED SURVEY.— 

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

7 recreational fisheries statistical survey of a Gulf 

8 State was denied certification under subsection 

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

10 submit the modified survey to the Secretary for 

11 certification or denial of certification. 

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

13 make a certification or denial of certification for 

14 any modified survey not later than the end of 

15 the 30-day period beginning on the date the 

16 modified survey is submitted. 

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

18 survey is deemed to be certified effective upon 

19 the expiration of the period described in sub20 paragraph (B) if the Secretary has not made a 

21 certification or denial of certification.’’. 

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

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

24 to section 407 and inserting the following: 

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


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1 TITLE IV—STRENGTHENING 

2 FISHING COMMUNITIES 

3 SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISH4 ERY RESOURCE DISASTER. 

5 Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amend6 ed— 

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

8 (2) by redesignating existing subparagraphs (A) 

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

10 of subparagraph (A) (as designated by the amend11 ment made by paragraph (1)); and 

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

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

14 of recovery from a fishery resource disaster no later than 

15 30 days after the Secretary makes the determination 

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

17 SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOV18 ERNOR FOR DETERMINATION REGARDING 

19 FISHERY RESOURCE DISASTER. 

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

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

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

23 following: 

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

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


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1 days after receiving an estimate of the economic impact 

2 of the fishery resource disaster from the entity requesting 

3 the relief.’’. 

4 SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARI5 FICATION. 

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

7 amended— 

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

9 and 

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

11 SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DI12 RECTED POLLOCK FISHERY. 

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

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

15 note) is amended to read as follows: 

16 ‘‘(1) HARVESTING.— 

17 ‘‘(A) LIMITATION.—No particular indi18 vidual, corporation, or other entity may harvest, 

19 through a fishery cooperative or otherwise, a 

20 percentage of the pollock available to be har21 vested in the directed pollock fishery that ex22 ceeds the percentage established for purposes of 

23 this paragraph by the North Pacific Fishery 

24 Management Council. 


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1 ‘‘(B) MAXIMUM PERCENTAGE.—The per2 centage established by the North Pacific Fish3 ery Management Council shall not exceed 24 

4 percent of the pollock available to be harvested 

5 in the directed pollock fishery.’’. 

6 SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA. 

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

8 at the end the following: 

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

10 If the North Pacific Fishery Management Council issues 

11 a fishery management plan for the exclusive economic zone 

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

13 Management Plan for Fish Resources of the Arctic Man14 agement Area issued by such Council, that makes avail15 able to commercial fishing, and establishes a sustainable 

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

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

18 catch therein as a community development quota for 

19 coastal villages located north and east of the Bering 

20 Strait.’’. 

21 SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST 

22 ALLOCATION. 

23 (a) REALLOCATION.—Notwithstanding any other 

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

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1 retary’’) of written notice from the allocation holder 

2 named in section 803 of division B of the Consolidated 

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

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

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

6 the Secretary shall reallocate for that year the unused por7 tion of such allocation to the Bering Sea subarea of the 

8 BSAI (as defined in section 679.2 of title 50, Code of Fed9 eral Regulations) and shall assign the reallocated unused 

10 portion of the allocation only to eligible vessels as de11 scribed in subsection (b)(1) for harvest in the Bering Sea 

12 subarea of the BSAI, consistent with any agreements as 

13 described in subsection (c). 

14 (b) ELIGIBILITY TO RECEIVE REALLOCATION.— 

15 (1) IN GENERAL.—Only vessels defined in sub16 section (a), (b), (c), or (e) of section 208 of the 

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

18 any vessels authorized to replace such vessels, may 

19 receive a reallocation described in subsection (a). 

20 (2) LIMITATION ON REALLOCATIONS.—The 

21 Secretary shall not reallocate the allocation de22 scribed in subsection (a) in any year if such realloca23 tion exceeds the annual catch limit for pollock in the 

24 Bering Sea subarea of the BSAI. 


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1 (3) CALCULATIONS.—Any amount of the re2 allocation described in subsection (a) shall not be 

3 used in the calculation of harvesting or processing 

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

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

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

7 transfer, or reallocation shall not violate the require8 ments of section 206(b) of the American Fisheries 

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

10 277; 16 U.S.C. 1851 note). 

11 (c) AGREEMENTS.— 

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

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

14 Consolidated Appropriations Act, 2004 (Public Law 

15 108–199, 16 U.S.C. 1851 note) may establish one or 

16 more agreements with the owners of some or all of 

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

18 (2) REQUIREMENTS.—Each agreement de19 scribed in paragraph (1)— 

20 (A) shall specify those eligible vessels that 

21 may receive a reallocation and the amount of 

22 reallocation that such vessels may receive in ac23 cordance with subsection (b)(2); and 

24 (B) may contain other requirements or 

25 compensation agreed to by the allocation holder 


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1 named in section 803 of division B of the Con2 solidated Appropriations Act, 2004 (Public Law 

3 108–199, 16 U.S.C. 1851 note) and the owners 

4 of such eligible vessels, provided such require5 ments or compensation are otherwise consistent 

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

7 1851 note), the Magnuson-Stevens Fishery 

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

9 1801 et seq.), and any other applicable law. 

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

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

12 construed to limit the authority of the North Pacific Fish13 ery Management Council or the Secretary under the 

14 American Fisheries Act (16 U.S.C. 1851 note), the Mag15 nuson-Stevens Fishery Conservation and Management Act 

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

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

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

19 Consolidated Appropriations Act, 2004 (Public Law 108– 

20 199, 16 U.S.C. 1851 note), and reallocated under this sec21 tion in a manner that is not consistent with the realloca22 tion authorized by the Secretary shall be considered in vio23 lation of section 307 of the Magnuson-Stevens Fishery 

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

25 subject to the penalties and sanctions under section 308 


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

2 of any fish harvested or processed. 

3 (f) CLARIFICATIONS.— 

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

5 803 of division B of the Consolidated Appropriations 

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

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

8 through 2008’’. 

9 (2) PURPOSE OF REALLOCATION.—Consistent 

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

11 the Consolidated Appropriations Act, 2004 (Public 

12 Law 108–199, 16 U.S.C. 1851 note), the realloca13 tion of the unused portion of the allocation provided 

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

15 such section for harvest in the Bering Sea subarea 

16 of the BSAI is for the purposes of economic develop17 ment in Adak, Alaska pursuant to the requirements 

18 of the Magnuson-Stevens Fishery Conservation and 

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

20 SEC. 407. COMMUNITY DEVELOPMENT QUOTA PROGRAM 

21 PANEL VOTING PROCEDURES. 

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

23 1855(i)(1)(G)(iv)) is amended to read as follows: 


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1 ‘‘(iv) VOTING REQUIREMENT.—The 

2 panel may act only by the affirmative vote 

3 of at least five of its members.’’. 

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

5 FLORIDA. 

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

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

8 the following: 

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

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

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

12 OF FLORIDA.— 

13 ‘‘(1) IN GENERAL.—It is unlawful— 

14 ‘‘(A) for any diver to engage in shark feed15 ing in covered waters; and 

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

17 hire for the purpose of carrying a passenger to 

18 a site if such person knew or should have 

19 known that the passenger intended, at that site, 

20 to be a diver— 

21 ‘‘(i) engaged in shark feeding in cov22 ered waters; or 

23 ‘‘(ii) engaged in observing shark feed24 ing in covered waters. 


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1 ‘‘(2) DEFINITIONS.—For purposes of this sub2 section: 

3 ‘‘(A) COVERED WATERS.—The term ‘cov4 ered waters’ means Federal waters off the coast 

5 of Florida. 

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

7 person who is wholly or partially submerged in 

8 covered water and is equipped with a face 

9 mask, face mask and snorkel, or underwater 

10 breathing apparatus. 

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

12 feeding’ means— 

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

14 other substance into covered water for the 

15 purpose of feeding or attracting sharks; or 

16 ‘‘(ii) presenting food or any other sub17 stance to a shark for the purpose of feed18 ing or attracting sharks. 

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

20 apply to shark feeding conducted— 

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

22 or government agency for research purposes; or 

23 ‘‘(B) for the purpose of harvesting 

24 sharks.’’. 


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1 SEC. 409. RESTORATION OF HISTORICALLY FRESHWATER 

2 ENVIRONMENT. 

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

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

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

6 term— 

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

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

9 a fresh water environment; and 

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

11 annual land loss of such State during the 

12 20 years before the date of the enactment 

13 of the Strengthening Fishing Communities 

14 and Increasing Flexibility in Fisheries 

15 Management Act exceeds 10 square miles; 

16 and 

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

18 project undertaken by a State or local govern19 ment with the purpose of restoration or protec20 tion of an area described in subparagraph 

21 (A).’’. 


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1 TITLE V—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 501. MITIGATION FOR IMPACTS TO SUBMERGED 

4 AQUATIC VEGETATION. 

5 Requirements to conserve or to provide compensatory 

6 mitigation for impacts to submerged aquatic vegetation 

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

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

9 shall not apply when a non-Federal entity conducts main10 tenance dredging for an authorized Federal navigation 

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

12 North Carolina, South Carolina, Georgia, or Florida pur13 suant to a permit issued under section 404 of the Federal 

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

15 10 of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 

16 1151, chapter 425). 

17 SEC. 502. PLAN FOR ELECTRONIC MONITORING AND RE18 PORTING PROCEDURES FOR THE NORTH19 EAST MULTISPECIES FISHERY. 

20 The Secretary, acting through the National Oceanic 

21 and Atmospheric Administration, shall submit a plan to 

22 the Committee on Natural Resources of the House of Rep23 resentatives and the Committee on Commerce, Science, 

24 and Transportation of the Senate not less than 180 days 

25 after the date of the enactment of this Act that will estabVerDate Sep 11 2014 01:50 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3697.IH H3697

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1 lish fully operational electronic monitoring and reporting 

2 procedures for the Northeast Multispecies Fishery by not 

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

4 proposal of the National Oceanic and Atmospheric Admin5 istration to cover vessel equipment and installation costs, 

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

7 be borne by the fishing vessels. 

8 SEC. 503. STUDY OF FEES CHARGED TO LOBSTER FISHING 

9 INDUSTRY. 

10 Not later than 6 months after the date of the enact11 ment of this Act, the Secretary of Commerce, acting 

12 through the National Oceanic and Atmospheric Adminis13 tration, shall study and report to the Congress on all fees 

14 imposed by such Administration on the lobster fishing in15 dustry. 

16 SEC. 504. LIMITATION ON APPLICATION OF PROHIBITION 

17 ON ATLANTIC STRIPED BASS FISHING IN 

18 BLOCK ISLAND SOUND TRANSIT ZONE. 

19 Any prohibition on fishing for Atlantic striped bass 

20 in the Exclusive Economic Zone of the United States im21 posed under Executive Order No. 13449 or section 

22 697.7(b) of title 50, Code of Federal Regulations, shall 

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

24 title 50, Code of Federal Regulations, commonly referred 

25 to as the Block Island Sound transit zone. 


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1 SEC. 505. FUNDING FOR MONITORING IMPLEMENTATION 

2 OF NORTHEAST MULTISPECIES FISHERY 

3 MANAGEMENT PLAN. 

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

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

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

7 and monitor (including electronic monitoring) implementa8 tion of that Plan.’’. 

9 TITLE VI—REEF ASSASSIN ACT 

10 SEC. 601. SHORT TITLE. 

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

12 SEC. 602. ENCOURAGING ELIMINATION OF LIONFISH. 

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

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

15 1851 et seq.) is amended by adding at the end the fol16 lowing: 

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

18 ‘‘(a) IN GENERAL.—Subject to the approval of an ex19 empted fishing permit submitted by a participating State, 

20 the Secretary shall issue regulations under which a partici21 pating State may issue to an individual submitting lionfish 

22 taken in Federal or State waters a tag authorizing the 

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

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

25 is authorized to take in Federal waters. 


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

2 regulations shall require— 

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

4 issued; 

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

6 taken by an individual holding a valid license to en7 gage in such fishing issued under the laws of such 

8 State; and 

9 ‘‘(3) that each lionfish shall be submitted by re10 moving the tail, placing it in a resealable plastic bag, 

11 and submitting such bag to a participating State be12 fore the tail has significantly deteriorated. 

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

14 regulations shall not limit the number of tags that may 

15 be issued to an individual. 

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

17 that a tag issued under the regulations— 

18 ‘‘(1) shall be valid for the 5-year period begin19 ning on the date it is issued; 

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

21 commercial taking of a fish that complies with any 

22 size limit that otherwise applies to fishing for such 

23 fish in the waters in which it is taken; 


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

2 to any seasonal limitation that otherwise applies to 

3 the species of fish taken; 

4 ‘‘(4) shall authorize— 

5 ‘‘(A) the transfer of tags to any other per6 son; and 

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

8 manner as such tags may be used by the person 

9 to whom the tags were issued; 

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

11 such tag outside any seasonal limitation that other12 wise applies to such fish must have the tag fastened 

13 between the mouth and gill before being placed in 

14 any cooler; and 

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

16 the same water adjacent a State where the lionfish 

17 were originally caught. 

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

19 ‘‘(1) CONDITIONS.—The regulations shall re20 quire that as a condition of approving a State to 

21 issue tags under this section the Secretary shall re22 quire the State to designate a repository for lionfish 

23 submitted for such tags. 

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

25 shall provide to each participating State freezers in 


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

2 more than $500 for each freezer. 

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

4 shall— 

5 ‘‘(1) encourage participating States to use ex6 isting infrastructure and staff or volunteers to con7 duct the State’s program under this section; 

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

9 Marine Fisheries Service information about the pro10 gram under this section; and 

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

12 work with retailers and distributors to advance the 

13 purchasing and consumption of lionfish. 

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

15 ‘‘(1) IN GENERAL.—This section— 

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

17 that are native to waters of the United States 

18 or the exclusive economic zone; and 

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

20 any fishery, fishing quota, or fishing allocation. 

21 ‘‘(2) LIMITATION ON CONSIDERATION OF

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

23 be issued under this section shall not be considered 

24 in any determination of fishing levels, quotas, or al25 locations. 


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1 ‘‘(h) DEFINITION.—In this section— 

2 ‘‘(1) the term ‘covered fish’— 

3 ‘‘(A) except as provided in subparagraph 

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

5 triggerfish, amberjack; and 

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

7 in a list of endangered species or threatened 

8 species under the Endangered Species Act of 

9 1973 (16 U.S.C. 1531 et seq.); and 

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

11 State that has applied and been approved by the 

12 Secretary to issue tags under regulations under this 

13 section.’’. 

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

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

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

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

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

18 Commerce shall issue regulations under the amendment 

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

20 the approval of an exempted fishing permit submitted by 

21 a participating State. 

22 (d) RESTRICTION.—Nothing in section 321 of the 

23 Magnuson-Stevens Fishery Conservation and Manage24 ment Act, as amended by this Act, shall be construed as 


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1 to allow for the transfer of fisheries allocation or catch 

2 among the various States. 

Æ 


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