IB 

Union Calendar No. 542 

113TH CONGRESS 

2D SESSION H. R. 4742 

[Report No. 113–711] 

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 

MAY 23, 2014 

Mr. HASTINGS of Washington introduced the following bill; which was referred 

to the Committee on Natural Resources 

DECEMBER 22, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on May 23, 2014] 


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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. 


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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 the following: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AMENDMENTS TO THE MAGNUSON-STEVENS FISHERY 

CONSERVATION AND MANAGEMENT ACT 

Sec. 101. Definitions. 

Sec. 102. References. 

Sec. 103. Flexibility in rebuilding fish stocks. 

Sec. 104. Modifications to the annual catch limit requirement. 

Sec. 105. Distinguishing between overfished and depleted. 

Sec. 106. Transparency and public process. 

Sec. 107. Limitation on future catch share programs. 

Sec. 108. Report on fee. 

Sec. 109. Data collection and data confidentiality. 

Sec. 110. Cooperative research and management program. 

Sec. 111. Council jurisdiction for overlapping fisheries. 

Sec. 112. Gulf of Mexico fisheries cooperative research and red snapper management. 

Sec. 113. North Pacific fishery management clarification. 

Sec. 114. Ensuring consistent management for fisheries throughout their range. 

Sec. 115. Limitation on harvest in North Pacific directed pollock fishery. 

Sec. 116. Recreational fishing data. 

Sec. 117. Stock assessments used for fisheries managed under Gulf of Mexico 

Council’s Reef Fish Management Plan. 

Sec. 118. Estimation of cost of recovery from fishery resource disaster. 

Sec. 119. Deadline for action on request by Governor for determination regarding 

fishery resource disaster. 

Sec. 120. Prohibition on considering red snapper killed during removal of oil 

rigs. 

Sec. 121. Prohibition on considering fish seized from foreign fishing. 

Sec. 122. Subsistence fishing. 

Sec. 123. Inter-sector trading of commercial catch share allocations in the Gulf 

of Mexico. 

Sec. 124. Authorization of appropriations. 


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TITLE II—REVITALIZING THE ECONOMY OF FISHERIES IN THE 

PACIFIC 

Sec. 201. Short title. 

Sec. 202. Findings; purpose. 

Sec. 203. Refinancing of Pacific Coast groundfish fishing capacity reduction 

loan. 

1 TITLE I—AMENDMENTS TO THE 

2 MAGNUSON-STEVENS FISH3 ERY CONSERVATION AND 

4 MANAGEMENT ACT 

5 SEC. 101. DEFINITIONS. 

6 Any term used in this title that is defined in section 

7 3 of the Magnuson-Stevens Fishery Conservation and Man8 agement Act (16 U.S.C. 1802) shall have the same meaning 

9 such term has under that section. 

10 SEC. 102. REFERENCES. 

11 Except as otherwise specifically provided, whenever in 

12 this title an amendment or repeal is expressed in terms of 

13 an amendment to, or repeal of, a provision, the reference 

14 shall be considered to be made to a provision of the Magnu15 son-Stevens Fishery Conservation and Management Act (16 

16 U.S.C. 1801 et seq.). 

17 SEC. 103. FLEXIBILITY IN REBUILDING FISH STOCKS. 

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

19 U.S.C. 1854(e)) is amended— 

20 (1) in paragraph (4)— 

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

22 ‘‘possible’’ and inserting ‘‘practicable’’; 


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

2 read as follows: 

3 ‘‘(ii) may not exceed the time the stock 

4 would be rebuilt without fishing occurring 

5 plus one mean generation, except in a case 

6 in which— 

7 ‘‘(I) the biology of the stock of 

8 fish, other environmental conditions, or 

9 management measures under an inter10 national agreement in which the 

11 United States participates dictate oth12 erwise; 

13 ‘‘(II) the Secretary determines 

14 that the cause of the stock being de15 pleted is outside the jurisdiction of the 

16 Council or the rebuilding program can17 not be effective only by limiting fishing 

18 activities; 

19 ‘‘(III) the Secretary determines 

20 that one or more components of a 

21 mixed-stock fishery is depleted but can22 not be rebuilt within that time- frame 

23 without significant economic harm to 

24 the fishery, or cannot be rebuilt with25 out causing another component of the 


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1 mixed-stock fishery to approach a de2 pleted status; 

3 ‘‘(IV) the Secretary determines 

4 that recruitment, distribution, or life 

5 history of, or fishing activities for, the 

6 stock are affected by informal trans7 boundary agreements under which 

8 management activities outside the ex9 clusive economic zone by another coun10 try may hinder conservation and man11 agement efforts by United States fish12 ermen; and 

13 ‘‘(V) the Secretary determines that 

14 the stock has been affected by unusual 

15 events that make rebuilding within the 

16 specified time period improbable with17 out significant economic harm to fish18 ing communities;’’; 

19 (C) by striking ‘‘and’’ after the semicolon at 

20 the end of subparagraph (B), by redesignating 

21 subparagraphs (B) and (C) as subparagraphs 

22 (C) and (D), and by inserting after subpara23 graph (A) the following: 


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1 ‘‘(B) take into account environmental con2 dition including predator/prey relationships;’’; 

3 and 

4 (D) by striking the period at the end of sub5 paragraph (D) (as so redesignated) and insert6 ing ‘‘; and’’, and by adding at the end the fol7 lowing: 

8 ‘‘(E) specify a schedule for reviewing the re9 building targets, evaluating environmental im10 pacts on rebuilding progress, and evaluating 

11 progress being made toward reaching rebuilding 

12 targets.’’; and 

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

14 ‘‘(8) A fishery management plan, plan amend15 ment, or proposed regulations may use alternative re16 building strategies, including harvest control rules 

17 and fishing mortality-rate targets to the extent they 

18 are in compliance with the requirements of this Act. 

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

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

21 and statistical committee determines and the Sec22 retary concurs that the original determination that 

23 the fishery was depleted was erroneous, either— 

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

25 the effective date a fishery management plan, 


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1 plan amendment, or proposed regulation for a 

2 fishery under this subsection takes effect; or 

3 ‘‘(B) within 90 days after the completion of 

4 the next stock assessment after such determina5 tion.’’. 

6 (b) EMERGENCY REGULATIONS AND INTERIM MEAS7 URES.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is 

8 amended by striking ‘‘180 days after’’ and all that follows 

9 through ‘‘provided’’ and inserting ‘‘1 year after the date of 

10 publication, and may be extended by publication in the 

11 Federal Register for one additional period of not more than 

12 1 year, if’’. 

13 SEC. 104. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 

14 REQUIREMENT. 

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

16 at the end the following: 

17 ‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN18 NUAL CATCH LIMIT REQUIREMENTS.— 

19 ‘‘(1) CONSIDERATION OF ECOSYSTEM AND ECO20 NOMIC IMPACTS.—In establishing annual catch limits 

21 a Council may, consistent with section 302(h)(6), con22 sider changes in an ecosystem and the economic needs 

23 of the fishing communities. 

24 ‘‘(2) LIMITATIONS TO ANNUAL CATCH LIMIT RE25 QUIREMENT FOR SPECIAL FISHERIES.—NotwithVerDate Sep 11 2014 01:10 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4742.RH H4742

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1 standing subsection (h)(6), a Council is not required 

2 to develop an annual catch limit for— 

3 ‘‘(A) an ecosystem component species; 

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

5 cycle of approximately 1 year, unless the Sec6 retary has determined the fishery is subject to 

7 overfishing; or 

8 ‘‘(C) a stock for which— 

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

10 class will complete their life cycle in less 

11 than 18 months; and 

12 ‘‘(ii) fishing mortality will have little 

13 impact on the stock. 

14 ‘‘(3) RELATIONSHIP TO INTERNATIONAL FISHERY

15 EFFORTS.—Each annual catch limit may, consistent 

16 with section 302(h)(6), take into account— 

17 ‘‘(A) management measures under inter18 national agreements in which the United States 

19 participates; 

20 ‘‘(B) informal transboundary agreements 

21 under which fishery management activities by 

22 another country outside the exclusive economic 

23 zone may hinder conservation efforts by United 

24 States fishermen for a fish species for which any 


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1 of the recruitment, distribution, life history, or 

2 fishing activities are transboundary; and 

3 ‘‘(C) in instances in which no transbound4 ary agreement exists, activities by another coun5 try outside the exclusive economic zone that may 

6 hinder conservation efforts by United States fish7 erman for a fish species for which any of the re8 cruitment, distribution, life history, or fishing 

9 activities are transboundary. 

10 ‘‘(4) AUTHORIZATION FOR MULTISPECIES COM11 PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 

12 For purposes of subsection (h)(6), a Council may es13 tablish— 

14 ‘‘(A) an annual catch limit for a stock com15 plex; or 

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

17 any continuous period that is not more than 

18 three years in duration. 

19 ‘‘(5) ECOSYSTEM COMPONENT SPECIES DE20 FINED.—In this subsection the term ‘ecosystem com21 ponent species’ means a stock of fish that is a nontar22 get, incidentally harvested stock of fish in a fishery, 

23 or a nontarget, incidentally harvested stock of fish 

24 that a Council or the Secretary has determined— 


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1 ‘‘(A) is not subject to overfishing, approach2 ing a depleted condition or depleted; and 

3 ‘‘(B) is not likely to become subject to over4 fishing or depleted in the absence of conservation 

5 and management measures.’’. 

6 SEC. 105. DISTINGUISHING BETWEEN OVERFISHED AND DE7 PLETED. 

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

9 amended— 

10 (1) in paragraph (34), by striking ‘‘The terms 

11 ‘overfishing’ and ‘overfished’ mean’’ and inserting 

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

13 (2) by inserting after paragraph (8) the fol14 lowing: 

15 ‘‘(8a) The term ‘depleted’ means, with respect to 

16 a stock of fish or stock complex, that the stock or stock 

17 complex has a biomass that has declined below a level 

18 that jeopardizes the capacity of the stock or stock com19 plex to produce maximum sustainable yield on a con20 tinuing basis.’’. 

21 (b) SUBSTITUTION OF TERM.—The Magnuson-Stevens 

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

23 1801 et seq.) is amended by striking ‘‘overfished’’ each place 

24 it appears and inserting ‘‘depleted’’. 


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1 (c) CLARITY IN ANNUAL REPORT.—Section 304(e)(1) 

2 (16 U.S.C. 1854(e)(1)) is amended by adding at the end 

3 the following: ‘‘The report shall distinguish between fisheries 

4 that are depleted (or approaching that condition) as a re5 sult of fishing and fisheries that are depleted (or approach6 ing that condition) as a result of factors other than fishing. 

7 The report shall state, for each fishery identified as depleted 

8 or approaching that condition, whether the fishery is the 

9 target of directed fishing.’’. 

10 SEC. 106. TRANSPARENCY AND PUBLIC PROCESS. 

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

12 1852(g)(1)(B)) is amended by adding at the end the fol13 lowing: ‘‘Each scientific and statistical committee shall de14 velop such advice in a transparent manner and allow for 

15 public involvement in the process.’’. 

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

17 1852(i)(2)) is amended by adding at the end the following: 

18 ‘‘(G) Each Council shall make available on the 

19 Internet Web site of the Council— 

20 ‘‘(i) to the extent practicable, a Webcast, an 

21 audio recording, or a live broadcast of each meet22 ing of the Council, and of the Council Coordina23 tion Committee established under subsection (l), 

24 that is not closed in accordance with paragraph 

25 (3); and 


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1 ‘‘(ii) audio, video (if the meeting was in 

2 person or by video conference), or a searchable 

3 audio or written transcript of each meeting of 

4 the Council and of the meetings of committees re5 ferred to in section 302(g)(1)(B) of the Council 

6 by not later than 30 days after the conclusion of 

7 the meeting. 

8 ‘‘(H) The Secretary shall maintain and make 

9 available to the public an archive of Council and sci10 entific and statistical committee meeting audios, vid11 eos, and transcripts made available under clauses (i) 

12 and (ii) subparagraph (G).’’. 

13 (c) FISHERY IMPACT STATEMENTS.— 

14 (1) REQUIREMENT.—Section 303 (16 U.S.C. 

15 1853) is amended— 

16 (A) in subsection (a), by striking paragraph 

17 (9) and redesignating paragraphs (10) through 

18 (15) as paragraphs (9) through (14), respec19 tively; and 

20 (B) by adding at the end the following: 

21 ‘‘(d) FISHERY IMPACT STATEMENT.— 

22 ‘‘(1) Any fishery management plan (or fishery 

23 management plan amendment) prepared by any 

24 Council or by the Secretary pursuant to subsection 

25 (a) or (b), or proposed regulations deemed necessary 


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1 pursuant to subsection (c), shall include a fishery im2 pact statement which shall assess, specify and analyze 

3 the likely effects and impact of the proposed action on 

4 the quality of the human environment. 

5 ‘‘(2) The fishery impact statement shall de6 scribe— 

7 ‘‘(A) a purpose of the proposed action; 

8 ‘‘(B) the environmental impact of the pro9 posed action; 

10 ‘‘(C) any adverse environmental effects 

11 which cannot be avoided should the proposed ac12 tion be implemented; 

13 ‘‘(D) a reasonable range of alternatives to 

14 the proposed action; 

15 ‘‘(E) the relationship between short-term use 

16 of fishery resources and the enhancement of long17 term productivity; 

18 ‘‘(F) the cumulative conservation and man19 agement effects; and 

20 ‘‘(G) economic, and social impacts of the 

21 proposed action on— 

22 ‘‘(i) participants in the fisheries and 

23 fishing communities affected by the pro24 posed action; 


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1 ‘‘(ii) participants in the fisheries con2 ducted in adjacent areas under the author3 ity of another Council, after consultation 

4 with such Council and representatives of 

5 those participants; and 

6 ‘‘(iii) the safety of human life at sea, 

7 including whether and to what extent such 

8 measures may affect the safety of partici9 pants in the fishery. 

10 ‘‘(3) A substantially complete fishery impact 

11 statement, which may be in draft form, shall be avail12 able not less than 14 days before the beginning of the 

13 meeting at which a Council makes its final decision 

14 on the proposal (for plans, plan amendments, or pro15 posed regulations prepared by a Council pursuant to 

16 subsection (a) or (c)). Availability of this fishery im17 pact statement will be announced by the methods used 

18 by the council to disseminate public information and 

19 the public and relevant government agencies will be 

20 invited to comment on the fishery impact statement. 

21 ‘‘(4) The completed fishery impact statement 

22 shall accompany the transmittal of a fishery manage23 ment plan or plan amendment as specified in section 

24 304(a), as well as the transmittal of proposed regula25 tions as specified in section 304(b). 


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1 ‘‘(5) The Councils shall, subject to approval by 

2 the Secretary, establish criteria to determine actions 

3 or classes of action of minor significance regarding 

4 subparagraphs (A), (B), (D), (E), and (F) of para5 graph (2), for which preparation of a fishery impact 

6 statement is unnecessary and categorically excluded 

7 from the requirements of this section, and the docu8 mentation required to establish the exclusion. 

9 ‘‘(6) The Councils shall, subject to approval by 

10 the Secretary, prepare procedures for compliance with 

11 this section that provide for timely, clear, and concise 

12 analysis that is useful to decisionmakers and the pub13 lic, reduce extraneous paperwork and effectively in14 volve the public, including— 

15 ‘‘(A) using Council meetings to determine 

16 the scope of issues to be addressed and identi17 fying significant issues related to the proposed 

18 action; 

19 ‘‘(B) integration of the fishery impact state20 ment development process with preliminary and 

21 final Council decisionmaking in a manner that 

22 provides opportunity for comment from the pub23 lic and relevant government agencies prior to 

24 these decision points; and 


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1 ‘‘(C) providing scientific, technical, and 

2 legal advice at an early stage of the development 

3 of the fishery impact statement to ensure timely 

4 transmittal and Secretarial review of the pro5 posed fishery management plan, plan amend6 ment, or regulations to the Secretary. 

7 ‘‘(7) Actions taken in accordance with the proce8 dures of this section shall constitute fulfillment of the 

9 requirements the National Environmental Policy Im10 provement Act of 1970 (42 U.S.C. 4371 et seq.) and 

11 all related implementing regulations.’’. 

12 (2) EVALUATION OF ADEQUACY.—Section 

13 304(a)(2) (16 U.S.C. 1854(a)(2)) is amended by strik14 ing ‘‘and’’ after the semicolon at the end of subpara15 graph (B), striking the period at the end of subpara16 graph (C) and inserting ‘‘; and’’, and by adding at 

17 the end the following: 

18 ‘‘(D) evaluate the adequacy of the accom19 panying fishery impact statement as basis for 

20 fully considering the environmental impacts of 

21 implementing the fishery management plan or 

22 plan amendment.’’. 

23 (3) REVIEW OF REGULATIONS.—Section 304(b) 

24 (16 U.S.C. 1854(b)) is amended by striking so much 


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1 as precedes subparagraph (A) of paragraph (1) and 

2 inserting the following: 

3 ‘‘(b) REVIEW OF REGULATIONS.— 

4 ‘‘(1) Upon transmittal by the Council to the Sec5 retary of proposed regulations prepared under section 

6 303(c), the Secretary shall immediately initiate an 

7 evaluation of the proposed regulations to determine 

8 whether they are consistent with the fishery manage9 ment plan, plan amendment, this Act and other ap10 plicable law. The Secretary shall also immediately 

11 initiate an evaluation of the accompanying fishery 

12 impact statement as a basis for fully considering the 

13 environmental impacts of implementing the proposed 

14 regulations. Within 15 days of initiating such evalua15 tion the Secretary shall make a determination 

16 and—’’. 

17 (4) EFFECT ON TIME REQUIREMENTS.—Section 

18 305(e) (16 U.S.C. 1855(e)) is amended by inserting 

19 ‘‘the National Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.),’’ after ‘‘the Regulatory Flexi21 bility Act (5 U.S.C. 601 et seq.)’’. 


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1 SEC. 107. 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 commercial 

11 sector, or regional fishery association established in 

12 accordance with section 303A(c)(4), or other entity.’’. 

13 (b) CATCH SHARE REFERENDUM PILOT PROGRAM.— 

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

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

16 ‘‘(D) CATCH SHARE REFERENDUM PILOT

17 PROGRAM.— 

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

19 South Atlantic, and Gulf of Mexico Councils 

20 may not submit a fishery management plan 

21 or amendment that creates a catch share 

22 program for a fishery, and the Secretary 

23 may not approve or implement such a plan 

24 or amendment submitted by such a Council 

25 or a secretarial plan or amendment under 

26 section 304(c) that creates such a program, 


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1 unless the final program has been approved, 

2 in a referendum in accordance with this 

3 subparagraph, by a majority of the permit 

4 holders eligible to participate in the fishery. 

5 For multispecies permits in the Gulf of 

6 Mexico, any permit holder with landings 

7 from within the sector of the fishery being 

8 considered for the catch share program 

9 within the 5-year period preceding the date 

10 of the referendum and still active in fishing 

11 in the fishery shall be eligible to participate 

12 in such a referendum. If a catch share pro13 gram is not approved by the requisite num14 ber of permit holders, it may be revised and 

15 submitted for approval in a subsequent ref16 erendum. 

17 ‘‘(ii) The Secretary may, at the request 

18 of the New England Fishery Management 

19 Council, allow participation in such a ref20 erendum for a fishery under the Council’s 

21 authority, by fishing vessel crewmembers 

22 who derive a significant portion of their 

23 livelihood from such fishing. 

24 ‘‘(iii) The Secretary shall conduct a 

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1 cluding notifying all permit holders eligible 

2 to participate in the referendum and mak3 ing available to them— 

4 ‘‘(I) a copy of the proposed pro5 gram; 

6 ‘‘(II) an estimate of the costs of 

7 the program, including costs to partici8 pants; 

9 ‘‘(III) an estimate of the amount 

10 of fish or percentage of quota each per11 mit holder would be allocated; and 

12 ‘‘(IV) information concerning the 

13 schedule, procedures, and eligibility re14 quirements for the referendum process. 

15 ‘‘(iv) For the purposes of this subpara16 graph, the term ‘permit holder eligible to 

17 participate’ only includes the holder of a 

18 permit for a fishery under which fishing 

19 has occurred in 3 of the 5 years preceding 

20 a referendum for the fishery, unless sickness, 

21 injury, or other unavoidable hardship pre22 vented the permit holder from engaging in 

23 such fishing. 

24 ‘‘(v) The Secretary may not implement 

25 any catch share program for any fishery 


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1 managed exclusively by the Secretary unless 

2 first petitioned by a majority of those per3 mit holders eligible to participate in the 

4 fishery.’’. 

5 (2) LIMITATION ON APPLICATION.—The amend6 ment made by paragraph (1) shall not apply to a 

7 catch share program that is submitted to, or proposed 

8 by, the Secretary of Commerce before the date of en9 actment of this Act. 

10 (3) REGULATIONS.—Before conducting a ref11 erendum under the amendment made by paragraph 

12 (1), the Secretary of Commerce shall issue regulations 

13 implementing such amendment after providing an op14 portunity for submission by the public of comments 

15 on the regulations. 

16 SEC. 108. REPORT ON FEE. 

17 Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended 

18 by adding at the end the following: 

19 ‘‘(D) The Secretary shall report annually on the 

20 amount collected under this paragraph from each 

21 fishery and detail how the funds were spent in the 

22 prior year on a fishery-by-fishery basis, to— 

23 ‘‘(i) Congress; and 

24 ‘‘(ii) each Council from whose fisheries the 

25 fee under this paragraph were collected.’’. 


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1 SEC. 109. DATA COLLECTION AND DATA CONFIDENTIALITY. 

2 (a) ELECTRONIC MONITORING.— 

3 (1) ISSUANCE OF REGULATIONS.— 

4 (A) REQUIREMENT.—The Secretary shall 

5 issue regulations governing the use of electronic 

6 monitoring for the purposes of monitoring fish7 eries that are subject to the Magnuson-Stevens 

8 Fishery Conservation and Management Act (16 

9 U.S.C. 1801 et seq.). 

10 (B) CONTENT.—The regulations shall— 

11 (i) distinguish between monitoring for 

12 data collection and research purposes and 

13 monitoring for compliance and enforcement 

14 purposes; and 

15 (ii) include minimum criteria, objec16 tives, or performance standards for elec17 tronic monitoring. 

18 (C) PROCESS.—In issuing the regulations 

19 the Secretary shall— 

20 (i) consult with the Councils and fish21 ery management commissions; 

22 (ii) publish the proposed regulations; 

23 and 

24 (iii) provide an opportunity for the 

25 submission by the public of comments on 

26 the proposed regulations. 


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1 (2) IMPLEMENTATION OF MONITORING.— 

2 (A) IN GENERAL.—Subject to subparagraph 

3 (B), and after the issuance of the final regula4 tions, a Council, or the Secretary for fisheries re5 ferred to in section 302(a)(3) of the Magnuson6 Stevens Fishery Conservation and Management 

7 Act (16 U.S.C. 1852(a)(3)), may, in accordance 

8 with the regulations, on a fishery-by-fishery basis 

9 and consistent with the existing objectives and 

10 management goals of a fishery management plan 

11 and the Act for a fishery issued by the Council 

12 or the Secretary, respectively, amend such 

13 plan— 

14 (i) to incorporate electronic monitoring 

15 as an alternative tool for data collection 

16 and monitoring purposes or for compliance 

17 and enforcement purposes (or both); and 

18 (ii) to allow for the replacement of a 

19 percentage of on-board observers with elec20 tronic monitoring. 

21 (B) COMPARABILITY.—Subparagraph (A) 

22 shall apply to a fishery only if the Council or 

23 Secretary, respectively, determines that such 

24 monitoring will yield comparable data collection 

25 and compliance results. 


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1 (3) PILOT PROJECTS.—Before the issuance of 

2 final regulations, a Council, or the Secretary for fish3 eries referred to in section 302(a)(3), may, subject to 

4 the requirements of the Magnuson-Stevens Fishery 

5 Conservation and Management Act, on a fishery-by6 fishery basis, and consistent with the existing objec7 tives and management goals of a fishery management 

8 plan for a fishery issued by the Council or the Sec9 retary, respectively, conduct a pilot project for the use 

10 of electronic monitoring for the fishery. 

11 (4) DEADLINE.—The Secretary shall issue final 

12 regulations under this subsection by not later than 12 

13 months after the date of enactment of this Act. 

14 (b) VIDEO AND ACOUSTIC SURVEY TECHNOLOGIES.— 

15 The Secretary shall work with the Regional Fishery Man16 agement Councils and nongovernmental entities to develop 

17 and implement the use pursuant to the Magnuson-Stevens 

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

19 1801 et seq.) of video survey technologies and expanded use 

20 of acoustic survey technologies. 

21 (c) CONFIDENTIALITY OF INFORMATION.— 

22 (1) IN GENERAL.—Section 402(b) (16 U.S.C. 

23 1881a(b)) is amended— 

24 (A) in paragraph (1)— 


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1 (i) by amending subparagraph (B) to 

2 read as follows: 

3 ‘‘(B) to State or Marine Fisheries Commis4 sion employees as necessary for achievement of 

5 the purposes of this Act, subject to a confiden6 tiality agreement between the State or Commis7 sion, respectively, and the Secretary that pro8 hibits public disclosure of the identity of any 

9 person and of confidential information;’’; 

10 (ii) in subparagraph (E), by striking 

11 ‘‘limited access’’ and inserting ‘‘catch 

12 share’’; and 

13 (iii) in subparagraph (G), by striking 

14 ‘‘limited access’’ and inserting ‘‘catch 

15 share’’; 

16 (B) in paragraph (2)— 

17 (i) in the matter preceding subpara18 graph (A), by inserting ‘‘, and information 

19 obtained through a vessel monitoring system 

20 or other technology used onboard a fishing 

21 vessel for enforcement or data collection 

22 purposes,’’ after ‘‘information’’; 

23 (ii) by striking ‘‘or’’ after the semi24 colon at the end of subparagraph (B); and 


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1 (iii) by striking subparagraph (C) and 

2 inserting the following: 

3 ‘‘(C) as authorized by any regulations 

4 issued under paragraph (6) allowing the collec5 tion of observer information, pursuant to a con6 fidentiality agreement between the observers, ob7 server employers, and the Secretary prohibiting 

8 disclosure of the information by the observers or 

9 observer employers, in order— 

10 ‘‘(i) to allow the sharing of observer in11 formation among observers and between ob12 servers and observer employers as necessary 

13 to train and prepare observers for deploy14 ments on specific vessels; or 

15 ‘‘(ii) to validate the accuracy of the ob16 server information collected; or 

17 ‘‘(D) to other persons if the Secretary has 

18 obtained written authorization from the person 

19 who submitted such information or from the per20 son on whose vessel the information was col21 lected, to release such information for reasons not 

22 otherwise provided for in this subsection.’’; 

23 (C) by redesignating paragraph (3) as 

24 paragraph (6); and 


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1 (D) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) Any information submitted to the Secretary, 

4 a State fisheries management agency, or a Marine 

5 Fisheries Commission by any person in compliance 

6 with the requirements of this Act, including confiden7 tial information, may only be used for purposes of 

8 fisheries management and monitoring and enforce9 ment under this Act. 

10 ‘‘(4) The Secretary may enter into a memo11 randum of understanding with the heads of other 

12 Federal agencies for the sharing of confidential infor13 mation to ensure safety of life at sea or for fisheries 

14 enforcement purposes, including information obtained 

15 through a vessel monitoring system or other electronic 

16 enforcement and monitoring systems, if— 

17 ‘‘(A) the Secretary determines there is a 

18 compelling need to do so; and 

19 ‘‘(B) the heads of the other Federal agencies 

20 agree— 

21 ‘‘(i) to maintain the confidentiality of 

22 the information in accordance with the re23 quirements that apply to the Secretary 

24 under this section; and 


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1 ‘‘(ii) to use the information only for 

2 the purposes for which it was shared with 

3 the agencies. 

4 ‘‘(5) The Secretary may not provide any vessel5 specific or aggregate vessel information from a fishery 

6 that is collected for monitoring and enforcement pur7 poses to any person for the purposes of coastal and 

8 marine spatial planning under Executive Order 

9 13547, unless the Secretary determines that providing 

10 such information is important for maintaining or en11 hancing national security or for ensuring fishermen 

12 continued access to fishing grounds.’’. 

13 (2) CONFIDENTIAL INFORMATION DEFINED.— 

14 Section 3 (16 U.S.C. 1802) is further amended by in15 serting after paragraph (4) the following: 

16 ‘‘(4a) The term ‘confidential information’ 

17 means— 

18 ‘‘(A) trade secrets; 

19 ‘‘(B) proprietary information; 

20 ‘‘(C) observer information; and 

21 ‘‘(D) commercial or financial information 

22 the disclosure of which is likely to result in harm 

23 to the competitive position of the person that 

24 submitted the information to the Secretary.’’. 


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1 (d) INCREASED DATA COLLECTION AND ACTIONS TO

2 ADDRESS DATA-POOR FISHERIES.—Section 404 (16 U.S.C. 

3 1881c) is amended by adding at the end the following: 

4 ‘‘(e) USE OF THE ASSET FORFEITURE FUND FOR

5 FISHERY INDEPENDENT DATA COLLECTION.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) The Secretary, subject to appropria8 tions, may obligate for data collection purposes 

9 in accordance with prioritizations under para10 graph (3) a portion of amounts received by the 

11 United States as fisheries enforcement penalties. 

12 ‘‘(B) Amounts may be obligated under this 

13 paragraph only in the fishery management re14 gion with respect to which they are collected. 

15 ‘‘(2) INCLUDED PURPOSES.—The purposes re16 ferred to in paragraph (1) include— 

17 ‘‘(A) the use of State personnel and re18 sources, including fishery survey vessels owned 

19 and maintained by States to survey or assess 

20 data-poor fisheries for which fishery management 

21 plans are in effect under this Act; and 

22 ‘‘(B) cooperative research activities author23 ized under section 318 to improve or enhance the 

24 fishery independent data used in fishery stock 

25 assessments. 


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1 ‘‘(3) DATA-POOR FISHERIES PRIORITY LISTS.— 

2 Each Council shall— 

3 ‘‘(A) identify those fisheries in its region 

4 considered to be data-poor fisheries; 

5 ‘‘(B) prioritize those fisheries based on the 

6 need of each fishery for up-to-date information; 

7 and 

8 ‘‘(C) provide those priorities to the Sec9 retary. 

10 ‘‘(4) DEFINITIONS.—In this subsection: 

11 ‘‘(A) The term ‘data-poor fishery’ means a 

12 fishery— 

13 ‘‘(i) that has not been surveyed in the 

14 preceding 5-year period; 

15 ‘‘(ii) for which a fishery stock assess16 ment has not been performed within the 

17 preceding 5-year period; or 

18 ‘‘(iii) for which limited information on 

19 the status of the fishery is available for 

20 management purposes. 

21 ‘‘(B) The term ‘fisheries enforcement pen22 alties’ means any fine or penalty imposed, or 

23 proceeds of any property seized, for a violation 

24 of this Act or of any other marine resource law 

25 enforced by the Secretary. 


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1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary for each fiscal year to carry out this subsection 

4 up to 80 percent of the fisheries enforcement penalties 

5 collected during the preceding fiscal year.’’. 

6 SEC. 110. 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 one year after the date of enactment of 

13 the Strengthening Fishing Communities and Increasing 

14 Flexibility in Fisheries Management Act, and after con15 sultation with the Councils, the Secretary shall publish a 

16 plan for implementing and conducting the program estab17 lished in paragraph (1). Such plan shall identify and de18 scribe critical regional fishery management and research 

19 needs, possible projects that may address those needs, and 

20 estimated costs for such projects. The plan shall be revised 

21 and updated every 5 years, and updated plans shall include 

22 a brief description of projects that were funded in the prior 

23 5-year period and the research and management needs that 

24 were addressed by those projects.’’; and 

25 (2) in subsection (c)— 


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

2 and inserting ‘‘PRIORITIES’’; and 

3 (B) in paragraph (1), by striking all after 

4 ‘‘including’’ and inserting an em dash, followed 

5 on the next line by the following: 

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

7 other marine technology; 

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

9 reporting programs and technology; and 

10 ‘‘(C) improving monitoring and observer 

11 coverage through the expanded use of electronic 

12 monitoring devices.’’. 

13 SEC. 111. COUNCIL JURISDICTION FOR OVERLAPPING FISH14 ERIES. 

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

16 (1) in subparagraph (A), in the second sen17 tence— 

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

19 and 

20 (B) by inserting before the period at the end 

21 ‘‘and a liaison who is a member of the Mid-At22 lantic Fishery Management Council to represent 

23 the interests of fisheries under the jurisdiction of 

24 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 end 

6 ‘‘and a liaison who is a member of the New Eng7 land Fishery Management Council to represent 

8 the interests of fisheries under the jurisdiction of 

9 such Council’’. 

10 SEC. 112. GULF OF MEXICO FISHERIES COOPERATIVE RE11 SEARCH AND RED SNAPPER MANAGEMENT. 

12 (a) REPEAL.—Section 407 (16 U.S.C. 1883), and the 

13 item relating to such section in the table of contents in the 

14 first section, are repealed. 

15 (b) REPORTING AND DATA COLLECTION PROGRAM.— 

16 The Secretary of Commerce shall— 

17 (1) in conjunction with the States, the Gulf of 

18 Mexico Fishery Management Council, and the rec19 reational fishing sectors, develop and implement a 

20 real-time reporting and data collection program for 

21 the Gulf of Mexico red snapper fishery using available 

22 technology; and 

23 (2) make implementation of this subsection a 

24 priority for funds received by the Secretary and allo25 cated to this region under section 2 of the Act of AuVerDate Sep 11 2014 01:10 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H4742.RH H4742

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1 gust 11, 1939 (commonly known as the ‘‘Saltonstall2 Kennedy Act’’) (15 U.S.C. 713c–3). 

3 (c) FISHERIES COOPERATIVE RESEARCH PROGRAM.— 

4 The Secretary of Commerce— 

5 (1) shall, in conjunction with the States, the Gulf 

6 States Marine Fisheries Commission and the Atlantic 

7 States Marine Fisheries Commission, the Gulf of Mex8 ico and South Atlantic Fishery Management Coun9 cils, and the commercial, charter, and recreational 

10 fishing sectors, develop and implement a cooperative 

11 research program authorized under section 318 for the 

12 fisheries of the Gulf of Mexico and South Atlantic re13 gions, giving priority to those fisheries that are con14 sidered data-poor; and 

15 (2) may, subject to the availability of appropria16 tions, use funds received by the Secretary under sec17 tion 2 of the Act of August 11, 1939 (commonly 

18 known as the ‘‘Saltonstall-Kennedy Act’’) (15 U.S.C. 

19 713c–3) to implement this subsection. 

20 (d) STOCK SURVEYS AND STOCK ASSESSMENTS.—The 

21 Secretary of Commerce, acting through the National Marine 

22 Fisheries Service Regional Administrator of the Southeast 

23 Regional Office, shall for purposes of the Magnuson-Stevens 

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

25 1801 et seq.)— 


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1 (1) develop a schedule of stock surveys and stock 

2 assessments for the Gulf of Mexico Region and the 

3 South Atlantic Region for the 5-year period beginning 

4 on the date of the enactment of this Act and for every 

5 5-year period thereafter; 

6 (2) direct the Southeast Science Center Director 

7 to implement such schedule; and 

8 (3) in such development and implementation— 

9 (A) give priority to those stocks that are 

10 commercially or recreationally important; and 

11 (B) ensure that each such important stock is 

12 surveyed at least every 5 years. 

13 (e) USE OF FISHERIES INFORMATION IN STOCK AS14 SESSMENTS.—The Southeast Science Center Director shall 

15 ensure that fisheries information made available through 

16 fisheries programs funded under Public Law 112–141 is in17 corporated as soon as possible into any fisheries stock as18 sessments conducted after the date of the enactment of this 

19 Act. 

20 (f) STATE FISHERIES MANAGEMENT IN THE GULF OF

21 MEXICO WITH RESPECT TO RED SNAPPER.—Section 

22 306(b) (16 U.S.C. 1856(b)) is amended by adding at the 

23 end the following: 

24 ‘‘(4) Notwithstanding section 3(11), for the purposes 

25 of managing the recreational sector of the Gulf of Mexico 


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1 red snapper fishery, the seaward boundary of a coastal 

2 State in the Gulf of Mexico is a line 9 miles seaward from 

3 the baseline from which the territorial sea of the United 

4 States is measured.’’. 

5 (g) FUNDING OF STOCK ASSESSMENTS.—The Sec6 retary of Commerce and the Secretary of the Interior, acting 

7 through the Bureau of Ocean Energy Management, shall 

8 enter into a cooperative agreement for the funding of stock 

9 assessments that are necessitated by any action by the Bu10 reau with respect to offshore oil rigs in the Gulf of Mexico 

11 that adversely impacts red snapper. 

12 SEC. 113. NORTH PACIFIC FISHERY MANAGEMENT CLARI13 FICATION. 

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

15 amended— 

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

17 and 

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

19 SEC. 114. ENSURING CONSISTENT MANAGEMENT FOR FISH20 ERIES THROUGHOUT THEIR RANGE. 

21 (a) IN GENERAL.—The Magnuson-Stevens Fishery 

22 Conservation and Management Act (16 U.S.C. 1801 et seq.) 

23 is amended by inserting after section 4 the following: 


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1 ‘‘SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT 

2 UNDER CERTAIN OTHER FEDERAL LAWS. 

3 ‘‘(a) NATIONAL MARINE SANCTUARIES ACT AND AN4 TIQUITIES ACT OF 1906.—In any case of a conflict between 

5 this Act and the National Marine Sanctuaries Act (16 

6 U.S.C. 1431 et seq.) or the Antiquities Act of 1906 (16 

7 U.S.C. 431 et seq.), this Act shall control. 

8 ‘‘(b) FISHERIES RESTRICTIONS UNDER ENDANGERED

9 SPECIES ACT OF 1973.—To ensure transparency and con10 sistent management of fisheries throughout their range, any 

11 restriction on the management of fish in the exclusive eco12 nomic zone that is necessary to implement a recovery plan 

13 under the Endangered Species Act of 1973 (16 U.S.C. 1531 

14 et seq.) shall be implemented— 

15 ‘‘(1) using authority under this Act; and 

16 ‘‘(2) in accordance with processes and time 

17 schedules required under this Act.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents in 

19 the first section is amended by inserting after the item relat20 ing to section 4 the following: 

‘‘Sec. 5. Ensuring consistent fisheries management under certain other Federal 

laws.’’. 


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1 SEC. 115. LIMITATION ON HARVEST IN NORTH PACIFIC DI2 RECTED POLLOCK FISHERY. 

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

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

5 note) is amended to read as follows: 

6 ‘‘(1) HARVESTING.— 

7 ‘‘(A) LIMITATION.—No particular indi8 vidual, corporation, or other entity may harvest, 

9 through a fishery cooperative or otherwise, a per10 centage of the pollock available to be harvested in 

11 the directed pollock fishery that exceeds the per12 centage established for purposes of this para13 graph by the North Pacific Council. 

14 ‘‘(B) MAXIMUM PERCENTAGE.—The percent15 age established by the North Pacific Council 

16 shall not exceed 24 percent of the pollock avail17 able to be harvested in the directed pollock fish18 ery.’’. 

19 SEC. 116. RECREATIONAL FISHING DATA. 

20 (a) RECREATIONAL DATA COLLECTION.—Section 

21 401(g) (16 U.S.C. 1881(g)) is amended by redesignating 

22 paragraph (4) as paragraph (5), and by inserting after 

23 paragraph (3) the following: 

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

25 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

26 establish partnerships with States to develop best 


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1 practices for implementation of State programs 

2 established pursuant to paragraph (2). 

3 ‘‘(B) GUIDANCE.—The Secretary shall de4 velop guidance, in cooperation with the States, 

5 that details best practices for administering 

6 State programs pursuant to paragraph (2), and 

7 provide such guidance to the States. 

8 ‘‘(C) BIENNIAL REPORT.—The Secretary 

9 shall submit to the Congress and publish bien10 nial reports that include— 

11 ‘‘(i) the estimated accuracy of the reg12 istry program established under paragraph 

13 (1) and of State programs that are exempt14 ed under paragraph (2); 

15 ‘‘(ii) priorities for improving rec16 reational fishing data collection; and 

17 ‘‘(iii) an explanation of any use of in18 formation collected by such State programs 

19 and by the Secretary, including a descrip20 tion of any consideration given to the infor21 mation by the Secretary. 

22 ‘‘(D) STATES GRANT PROGRAM.—The Sec23 retary shall make grants to States to improve 

24 implementation of State programs consistent 

25 with this subsection. The Secretary shall 


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1 prioritize such grants based on the ability of the 

2 grant to improve the quality and accuracy of 

3 such programs.’’. 

4 (b) STUDY ON RECREATIONAL FISHERIES DATA.— 

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

6 adding at the end the following: 

7 ‘‘(6) STUDY ON PROGRAM IMPLEMENTATION.— 

8 ‘‘(A) IN GENERAL.—Not later than 60 days 

9 after the enactment of this paragraph, the Sec10 retary shall enter into an agreement with the 

11 National Research Council of the National Acad12 emy of Sciences to study the implementation of 

13 the programs described in this section. The study 

14 shall— 

15 ‘‘(i) provide an updated assessment of 

16 recreational survey methods established or 

17 improved since the publication of the Coun18 cil’s report ‘Review of Recreational Fish19 eries Survey Methods (2006)’; 

20 ‘‘(ii) evaluate the extent to which the 

21 recommendations made in that report were 

22 implemented pursuant to paragraph (3)(B); 

23 and 

24 ‘‘(iii) examine any limitations of the 

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1 vey and the Marine Recreational Informa2 tion Program established under paragraph 

3 (1). 

4 ‘‘(B) REPORT.—Not later than 1 year after 

5 entering into an agreement under subparagraph 

6 (A), the Secretary shall submit a report to Con7 gress on the results of the study under subpara8 graph (A).’’. 

9 SEC. 117. STOCK ASSESSMENTS USED FOR FISHERIES MAN10 AGED UNDER GULF OF MEXICO COUNCIL’S 

11 REEF FISH MANAGEMENT PLAN. 

12 (a) IN GENERAL.—Title IV (16 U.S.C. 1881 et seq.) 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES 

15 MANAGED UNDER GULF OF MEXICO COUN16 CIL’S REEF FISH MANAGEMENT PLAN. 

17 ‘‘(a) IN GENERAL.—The Gulf States Marine Fisheries 

18 Commission shall conduct all fishery stock assessments used 

19 for management purposes by the Gulf of Mexico Fishery 

20 Management Council for the fisheries managed under the 

21 Council’s Reef Fish Management Plan. 

22 ‘‘(b) USE OF OTHER INFORMATION AND ASSETS.— 

23 ‘‘(1) IN GENERAL.—Such fishery assessments 

24 shall— 


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1 ‘‘(A) incorporate fisheries survey informa2 tion collected by university researchers; and 

3 ‘‘(B) to the extent practicable, use State, 

4 university, and private assets to conduct fisheries 

5 surveys. 

6 ‘‘(2) SURVEYS AT ARTIFICIAL REEFS.—Any such 

7 fishery stock assessment conducted after the date of the 

8 enactment of the Strengthening Fishing Communities 

9 and Increasing Flexibility in Fisheries Management 

10 Act shall incorporate fishery surveys conducted, and 

11 other relevant fisheries information collected, on and 

12 around natural and artificial reefs. 

13 ‘‘(c) CONSTITUENT AND STAKEHOLDER PARTICIPA14 TION.—Each such fishery assessment shall— 

15 ‘‘(1) emphasize constituent and stakeholder par16 ticipation in the development of the assessment; 

17 ‘‘(2) contain all of the raw data used in the as18 sessment and a description of the methods used to col19 lect that data; and 

20 ‘‘(3) employ an assessment process that is trans21 parent and includes— 

22 ‘‘(A) includes a rigorous and independent 

23 scientific review of the completed fishery stock 

24 assessment; and 


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1 ‘‘(B) a panel of independent experts to re2 view the data and assessment and make rec3 ommendations on the most appropriate values of 

4 critical population and management quan5 tities.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents in 

7 the first section is amended by inserting after the item relat8 ing to section 408 the following: 

‘‘Sec. 409. Stock assessments used for fisheries managed under Gulf of Mexico 

Council’s Reef Fish Management Plan.’’. 

9 SEC. 118. ESTIMATION OF COST OF RECOVERY FROM FISH10 ERY RESOURCE DISASTER. 

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

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

13 (2) by redesignating existing subparagraphs (A) 

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

15 of subparagraph (A) (as designated by the amend16 ment made by paragraph (1)); and 

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

18 ‘‘(B) The Secretary shall publish the estimated cost of 

19 recovery from a fishery resource disaster no later than 30 

20 days after the Secretary makes the determination under 

21 subparagraph (A) with respect to such disaster.’’. 


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1 SEC. 119. DEADLINE FOR ACTION ON REQUEST BY GOV2 ERNOR FOR DETERMINATION REGARDING 

3 FISHERY RESOURCE DISASTER. 

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

5 redesignating paragraphs (2) through (4) as paragraphs (3) 

6 through (5), and by inserting after paragraph (1) the fol7 lowing: 

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

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

10 days after receiving an estimate of the economic impact of 

11 the fishery resource disaster from the entity requesting the 

12 relief.’’. 

13 SEC. 120. PROHIBITION ON CONSIDERING RED SNAPPER 

14 KILLED DURING REMOVAL OF OIL RIGS. 

15 Any red snapper that are killed during the removal 

16 of any offshore oil rig in the Gulf of Mexico shall not be 

17 considered in determining under the Magnuson-Stevens 

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

19 1801 et seq.) whether the total allowable catch for red snap20 per has been reached. 

21 SEC. 121. PROHIBITION ON CONSIDERING FISH SEIZED 

22 FROM FOREIGN FISHING. 

23 Any fish that are seized from a foreign vessel engaged 

24 in illegal fishing activities in the Exclusive Economic Zone 

25 shall not be considered in determining under the Magnuson26 Stevens Fishery Conservation and Management Act (16 


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1 U.S.C. 1801 et seq.) the total allowable catch for that fish2 ery. 

3 SEC. 122. SUBSISTENCE FISHING. 

4 (a) DEFINITION.—Section 3 (16 U.S.C. 1802) is 

5 amended by inserting after paragraph 43 the following: 

6 ‘‘(43a)(A) The term ‘subsistence fishing’ means 

7 fishing in which the fish harvested are intended for 

8 customary and traditional uses, including for direct 

9 personal or family consumption as food or clothing; 

10 for the making or selling of handicraft articles out of 

11 nonedible byproducts taken for personal or family 

12 consumption, for barter, or sharing for personal or 

13 family consumption; and for customary trade. 

14 ‘‘(B) In this paragraph— 

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

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

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

20 a fish or fish part— 

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

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

23 items other than money if the exchange is of 

24 a limited and noncommercial nature.’’. 


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

2 1852(b)(2)) is amended— 

3 (1) in subparagraph (A), by striking ‘‘or rec4 reational’’ and inserting ‘‘, recreational, or subsist5 ence fishing’’; and 

6 (2) in subparagraph (C), in the second sentence, 

7 by inserting ‘‘, and in the case of the Governor of 

8 Alaska with the subsistence fishing interests of the 

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

10 (c) PURPOSE.—Section 2(b)(3) (16 U.S.C. 1801(b)(3)) 

11 is amended by striking ‘‘and recreational’’ and inserting 

12 ‘‘, recreational, and subsistence’’. 

13 SEC. 123. INTER-SECTOR TRADING OF COMMERCIAL CATCH 

14 SHARE ALLOCATIONS IN THE GULF OF MEX15 ICO. 

16 Section 301 (16 U.S.C. 1851) is amended by adding 

17 at the end the following: 

18 ‘‘(c) INTER-SECTOR TRADING OF COMMERCIAL CATCH

19 SHARE ALLOCATIONS IN THE GULF OF MEXICO.—Notwith20 standing any other provision of this Act, any commercial 

21 fishing catch share allocation in a fishery in the Gulf of 

22 Mexico may only be traded by sale or lease within the same 

23 commercial fishing sector.’’. 

24 SEC. 124. AUTHORIZATION OF APPROPRIATIONS. 

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


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

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

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

4 ‘‘each of fiscal years 2014 through 2018’’. 

5 TITLE II—REVITALIZING THE 

6 ECONOMY OF FISHERIES IN 

7 THE PACIFIC 

8 SEC. 201. SHORT TITLE. 

9 This title may be cited as the ‘‘Revitalizing the Econ10 omy of Fisheries in the Pacific Act’’ or the ‘‘REFI Pacific 

11 Act’’. 

12 SEC. 202. FINDINGS; PURPOSE. 

13 (a) FINDINGS.—Congress makes the following findings: 

14 (1) In 2000, the Secretary of Commerce declared 

15 the West Coast groundfish fishery a Federal fisheries 

16 economic disaster due to low stock abundance, an 

17 overcapitalized fleet, and historically overfished stocks. 

18 (2) Section 212 of the Department of Commerce 

19 and Related Agencies Appropriations Act, 2003 (title 

20 II of division B of Public Law 108–7; 117 Stat. 80) 

21 was enacted to establish a Pacific Coast groundfish 

22 fishing capacity reduction program, also known as a 

23 buyback program, to remove excess fishing capacity. 

24 (3) In 2003, Congress authorized the $35,700,000 

25 buyback loan, creating the Pacific Coast groundfish 


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1 fishing capacity reduction program through the Na2 tional Marine Fisheries Service fisheries finance pro3 gram with a term of 30 years. The interest rate of the 

4 buyback loan was fixed at 6.97 percent and is paid 

5 back based on an ex-vessel fee landing rate not to ex6 ceed 5 percent for the loan. 

7 (4) The groundfish fishing capacity reduction 

8 program resulted in the removal of limited entry 

9 trawl Federal fishing permits from the fishery, rep10 resenting approximately 46 percent of total landings 

11 at the time. 

12 (5) Because of an absence of a repayment mecha13 nism, $4,243,730 in interest accrued before fee collec14 tion procedures were established in 2005, over 18 

15 months after the groundfish fishing capacity reduc16 tion program was initiated. 

17 (6) In 2011, the West Coast groundfish fishery 

18 transitioned to an individual fishing quota fishery, 

19 which is a type of catch share program. 

20 (7) By 2015, West Coast groundfish fishermen’s 

21 expenses are expected to include fees of approximately 

22 $450 per day for observers, a 3-percent cost recovery 

23 fee as authorized by the Magnuson-Stevens Fishery 

24 Conservation and Management Act (16 U.S.C. 1801) 

25 for catch share programs, and a 5-percent ex-vessel 


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1 landings rate for the loan repayment, which could 

2 reach 18 percent of their total gross revenue. 

3 (8) In 2012, the West Coast groundfish limited 

4 entry trawl fishery generated $63,000,000, an in5 crease from an average of $45,000,000 during the 

6 years 2006 to 2011. This revenue is expected to con7 tinue to increase post-rationalization. 

8 (b) PURPOSE.—The purpose of this title is to refinance 

9 the Pacific Coast groundfish fishery fishing capacity reduc10 tion program to protect and conserve the West Coast 

11 groundfish fishery and the coastal economies in California, 

12 Oregon, and Washington that rely on it. 

13 SEC. 203. REFINANCING OF PACIFIC COAST GROUNDFISH 

14 FISHING CAPACITY REDUCTION LOAN. 

15 (a) IN GENERAL.—The Secretary of Commerce, upon 

16 receipt of such assurances as the Secretary considers appro17 priate to protect the interests of the United States, shall 

18 issue a loan to refinance the existing debt obligation fund19 ing the fishing capacity reduction program for the West 

20 Coast groundfish fishery implemented under section 212 of 

21 the Department of Commerce and Related Agencies Appro22 priations Act, 2003 (title II of division B of Public Law 

23 108–7; 117 Stat. 80). 

24 (b) APPLICABLE LAW.—Except as otherwise provided 

25 in this section, the Secretary shall issue the loan under this 


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1 section in accordance with subsections (b) through (e) of sec2 tion 312 of the Magnuson-Stevens Fishery Conservation 

3 and Management Act (16 U.S.C. 1861a) and sections 53702 

4 and 53735 of title 46, United States Code. 

5 (c) LOAN TERM.— 

6 (1) IN GENERAL.—Notwithstanding section 

7 53735(c)(4) of title 46, United States Code, a loan 

8 under this section shall have a maturity that expires 

9 at the end of the 45-year period beginning on the date 

10 of issuance of the loan. 

11 (2) EXTENSION.—Notwithstanding paragraph 

12 (1) and if there is an outstanding balance on the loan 

13 after the period described in paragraph (1), a loan 

14 under this section shall have a maturity of 45 years 

15 or until the loan is repaid in full. 

16 (d) LIMITATION ON FEE AMOUNT.—Notwithstanding 

17 section 312(d)(2)(B) of the Magnuson-Stevens Fishery Con18 servation and Management Act (16 U.S.C. 1861a(d)(2)(B)), 

19 the fee established by the Secretary with respect to a loan 

20 under this section shall not exceed 3 percent of the ex-vessel 

21 value of the harvest from each fishery for where the loan 

22 is issued. 

23 (e) INTEREST RATE.— 

24 (1) IN GENERAL.—Notwithstanding section 

25 53702(b)(2) of title 46, United States Code, the anVerDate Sep 11 2014 01:10 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H4742.RH H4742

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1 nual rate of interest an obligor shall pay on a direct 

2 loan obligation under this section is the percent the 

3 Secretary must pay as interest to borrow from the 

4 Treasury the funds to make the loan. 

5 (2) SUBLOANS.—Each subloan under the loan 

6 authorized by this section— 

7 (A) shall receive the interest rate described 

8 in paragraph (1); and 

9 (B) may be paid off at any time notwith10 standing subsection (c)(1). 

11 (f) EX-VESSEL LANDING FEE.— 

12 (1) CALCULATIONS AND ACCURACY.—The Sec13 retary shall set the ex-vessel landing fee to be collected 

14 for payment of the loan under this section— 

15 (A) as low as possible, based on recent land16 ings value in the fishery, to meet the require17 ments of loan repayment; 

18 (B) upon issuance of the loan in accordance 

19 with paragraph (2); and 

20 (C) on a regular interval not to exceed every 

21 5 years beginning on the date of issuance of the 

22 loan. 

23 (2) DEADLINE FOR INITIAL EX-VESSEL LANDINGS

24 FEE CALCULATION.—Not later than 60 days after the 

25 date of issuance of the loan under this section, the 


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1 Secretary shall recalculate the ex-vessel landing fee 

2 based on the most recent value of the fishery. 

3 (g) AUTHORIZATION.—There is authorized to be ap4 propriated to the Secretary of Commerce to carry out this 

5 section an amount equal to 1 percent of the amount of the 

6 loan authorized under this section for purposes of the Fed7 eral Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 


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Union Calendar No. 542 

113TH CONGRESS 

2D SESSION H. R. 4742 

[Report No. 113–711] 

A BILL 

To amend the Magnuson-Stevens Fishery Conservaand for other purposes. for fishery managers and stability for fishermen, tion and Management Act to provide flexibility 

DECEMBER 22, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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