II 

113TH CONGRESS 

2D SESSION S. 2991 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to promote sustainable conservation and management for the Nation’s 

fisheries and the communities that rely on them, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2014 

Mr. BEGICH introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act to promote sustainable conservation 

and management for the Nation’s fisheries and the communities that rely on them, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Magnuson-Stevens Fishery Conservation and Manage6 ment Reauthorization Act of 2014’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

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

Sec. 3. Changes in findings, purposes, and policy. 

Sec. 4. Definitions. 

Sec. 5. Authorization of appropriations. 

TITLE I—CONSERVATION AND MANAGEMENT 

Sec. 101. Regional fishery management councils. 

Sec. 102. Contents of fishery management plans. 

Sec. 103. Action by the Secretary. 

Sec. 104. Other requirements and authority. 

Sec. 105. Prohibited acts. 

Sec. 106. Penalties. 

Sec. 107. Enforcement. 

Sec. 108. Transition to sustainable fisheries. 

Sec. 109. North Pacific fisheries conservation. 

Sec. 110. Regional fishery conservation and management authorities. 

Sec. 111. Summer flounder management. 

Sec. 112. Study of allocations in mixed-use fisheries. 

TITLE II—FISHERY INFORMATION, RESEARCH, AND 

DEVELOPMENT 

Sec. 201. Integrated data collection program and electronic technologies. 

Sec. 202. Capital construction. 

Sec. 203. Fisheries research. 

Sec. 204. Improving science. 

Sec. 205. Focusing assets for improved fisheries outcomes. 

Sec. 206. Seafood marketing. 

TITLE III—REAUTHORIZATION OF OTHER FISHERY STATUTES 

Sec. 301. Anadromous Fish Conservation Act. 

Sec. 302. Interjurisdictional Fisheries Act of 1986. 

Sec. 303. Atlantic Coastal Fisheries Cooperative Management Act. 

Sec. 304. Atlantic Striped Bass Conservation Act. 

Sec. 305. Yukon River Salmon Act of 2000. 

Sec. 306. State authority for Dungeness crab fishery management. 

TITLE IV—INTERNATIONAL CONSERVATION AND MANAGEMENT 

Sec. 401. Secretarial representative for international fisheries. 

Sec. 402. Amendments to Pacific Salmon Treaty Act of 1985. 

Sec. 403. Reauthorization of Atlantic Tunas Convention Act of 1975. 

Sec. 404. Reauthorization of the South Pacific Tuna Act of 1988. 

Sec. 405. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act. 

Sec. 406. Reauthorization of Northwest Atlantic Fisheries Convention Act of 

1995. 

TITLE V—MISCELLANEOUS 

Sec. 501. Technical amendments. 

Sec. 502. Pacific insular areas; marine conservation plans. 

Sec. 503. Repeal of Gulf of Mexico red snapper catch limits. 


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1 SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISH2 ERY CONSERVATION AND MANAGEMENT ACT. 

3 Except as otherwise expressly provided, wherever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Magnuson-Stevens Fish8 ery Conservation and Management Act (16 U.S.C. 1801 

9 et seq.). 

10 SEC. 3. CHANGES IN FINDINGS, PURPOSES, AND POLICY. 

11 (a) FINDINGS.—Section 2(a) (16 U.S.C. 1801(a)) is 

12 amended— 

13 (1) in paragraph (3) by striking ‘‘at an ever-in14 creasing rate over the past decade’’; 

15 (2) in paragraph (6), by inserting ‘‘and marine 

16 ecosystems’’ after ‘‘essential fish habitats’’; 

17 (3) in paragraph (11), by striking ‘‘have dem18 onstrated’’ and inserting ‘‘are demonstrating’’; 

19 (4) by redesignating paragraphs (7) through 

20 (12) as paragraphs (10) through (15), respectively; 

21 (5) by inserting before paragraph (10), as re22 designated, the following: 

23 ‘‘(8) By establishing mechanisms, under au24 thority of this Act, for specifying science-based an25 nual catch limits in fishery management plans at 

26 levels such that overfishing does not occur in fishVerDate Sep 11 2014 19:37 Dec 16, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2991.IS S2991

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1 eries, including measures to ensure accountability, 

2 the Nation’s fishery resources are now being man3 aged sustainably to prevent overfishing and respond 

4 quickly if overfishing occurs. 

5 ‘‘(9) It is of critical importance to the health of 

6 the Nation’s fishery resources and the coastal com7 munities that depend on them that the United 

8 States maintain its progress in preventing over9 fishing and rebuilding overfished stocks.’’; 

10 (6) by redesignating paragraphs (4) through 

11 (6) as paragraphs (5) through (7), respectively; and 

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

14 ‘‘(4) Subsistence fishing is an integral part of 

15 life in many communities throughout the United 

16 States, and the Nation’s marine and anadromous 

17 fish are important sources of nutrition, sustenance, 

18 and the cultural heritage of those communities.’’. 

19 (b) PURPOSES.—Section 2(b) (16 U.S.C. 1801(b)) is 

20 amended— 

21 (1) in paragraph (3), by striking ‘‘and rec22 reational’’ and inserting ‘‘, recreational, and subsist23 ence’’; 

24 (2) in paragraph (5), by striking ‘‘the State’’ 

25 and inserting ‘‘the States, tribal governments,’’; and 


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1 (3) in paragraph (7), by striking ‘‘the review of 

2 projects’’ and inserting ‘‘projects and activities’’. 

3 (c) POLICY.—Section 2(c)(3) (16 U.S.C. 1801(c)(3)) 

4 is amended— 

5 (1) by inserting ‘‘, tribes,’’ after ‘‘affected 

6 States’’; and 

7 (2) by inserting ‘‘tribal,’’ after ‘‘State,’’. 

8 SEC. 4. DEFINITIONS. 

9 (a) IN GENERAL.—Section 3 (16 U.S.C. 1802) is 

10 amended— 

11 (1) by inserting after paragraph (8) the fol12 lowing: 

13 ‘‘(8A) The terms ‘depleted’ and ‘depletion’ 

14 mean, with respect to a stock of fish in a fishery, 

15 that the stock is of a size that jeopardizes the capac16 ity of the fishery to produce the maximum sustain17 able yield on a continuing basis.’’; 

18 (2) in paragraph (33)(C), by inserting ‘‘or oth19 erwise depleted’’ after ‘‘overfished’’; 

20 (3) in paragraph (36), by inserting ‘‘, tribal,’’ 

21 after ‘‘State,’’; 

22 (4) by inserting after paragraph (43) the fol23 lowing: 

24 ‘‘(43A) The term ‘subsistence fishing’ means 

25 fishing in which the fish harvested are intended for 


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1 customary and traditional uses, including for direct 

2 personal or family consumption as food or clothing; 

3 for the making or selling of handicraft articles out 

4 of nonedible byproducts taken for personal or family 

5 consumption, for barter, or sharing for personal or 

6 family consumption; and for customary exchange or 

7 trade. In this paragraph, the term— 

8 ‘‘(A) ‘family’ means all persons related by 

9 blood, marriage, or adoption, or any person liv10 ing within the household on a permanent basis; 

11 and 

12 ‘‘(B) ‘barter’ means the exchange of a fish 

13 or fish part— 

14 ‘‘(i) for another fish or fish part; or 

15 ‘‘(ii) for other food or for nonedible 

16 items other than money if the exchange is 

17 of a limited and noncommercial nature.’’; 

18 (5) by inserting after paragraph (44) the fol19 lowing: 

20 ‘‘(44A) The terms ‘tribal’ and ‘tribe’ mean an 

21 Indian tribe as defined in section 102 of the Feder22 ally Recognized Indian Tribe List Act of 1994 (25 

23 U.S.C. 479a).’’; and 


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1 (6) by striking ‘‘(33) The term ‘waters of a for2 eign nation’ means’’ and inserting ‘‘(51) The term 

3 ‘waters of a foreign nation’ mean’’. 

4 (b) REDESIGNATION.—Paragraphs (1) through (51) 

5 of section 3 (16 U.S.C. 1802), as amended by subsection 

6 (a) of this section, are redesignated as paragraphs (1) 

7 through (54), respectively. 

8 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) TITLE 10.—Section 7306b(b) of title 10, 

10 United States Code, is amended by striking ‘‘defined 

11 in section 3(14)’’ and inserting ‘‘defined in section 

12 3’’. 

13 (2) WHALE CONSERVATION AND PROTECTION

14 STUDY ACT.—Section 3 of the Whale Conservation 

15 and Protection Study Act (16 U.S.C. 917a) is 

16 amended by striking ‘‘including the fishery conserva17 tion zone as defined in section 3(8)’’ and inserting 

18 ‘‘including the exclusive economic zone as defined in 

19 section 3’’. 

20 (3) MARINE MAMMAL PROTECTION ACT OF

21 1972.—Section 114(o) of the Marine Mammal Pro22 tection Act of 1972 (16 U.S.C. 1383a(o)) is amend23 ed— 

24 (A) in paragraph (1), by striking ‘‘section 

25 3(8)’’ and inserting ‘‘section 3’’; and 


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1 (B) in paragraph (4), by striking ‘‘section 

2 3(27)’’ and inserting ‘‘section 3’’. 

3 (4) LACEY ACT AMENDMENTS OF 1981.—Section 

4 8(b)(2) of the Lacey Act Amendments of 1981 (16 

5 U.S.C. 3377(b)(2)) is amended— 

6 (A) by striking ‘‘as defined in paragraph 

7 (14) of section 3’’ and inserting ‘‘as defined in 

8 section 3’’; and 

9 (B) by striking ‘‘as defined in paragraph 

10 (13) of such section 3’’ and inserting ‘‘as de11 fined in such section 3’’. 

12 (5) ATLANTIC SALMON CONVENTION ACT OF

13 1982.—Section 302 of the Atlantic Salmon Conven14 tion Act of 1982 (16 U.S.C. 3601) is amended— 

15 (A) in paragraph (6), by striking ‘‘in sec16 tion 3(10)’’ and inserting ‘‘in section 3’’; and 

17 (B) in paragraph (8), by striking ‘‘in sec18 tion 3(19)’’ and inserting ‘‘in section 3’’. 

19 (6) ATLANTIC STRIPED BASS CONSERVATION

20 ACT.—Section 3(6) of the Atlantic Striped Bass 

21 Conservation Act (16 U.S.C. 5152(6)) is amended 

22 by striking ‘‘in section 3(6)’’ and inserting ‘‘in sec23 tion 3’’. 

24 (7) COMPACT OF FREE ASSOCIATION ACT OF

25 1985.—Section 104(f)(4)(B) of the Compact of Free 


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1 Association Act of 1985 (48 U.S.C. 1904(f)(4)(B)) 

2 is amended by striking ‘‘have the same meanings as 

3 provided in paragraphs (10) and (14), respectively, 

4 of section 3’’ and inserting ‘‘have the same meanings 

5 as provided in section 3’’. 

6 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—Section 4 (16 U.S.C. 1803) is 

8 amended to read as follows: 

9 ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to the Sec11 retary to carry out the provisions of this Act— 

12 ‘‘(1) $532,909,000 for fiscal year 2015; 

13 ‘‘(2) $541,167,000 for fiscal year 2016; 

14 ‘‘(3) $549,590,000 for fiscal year 2017; 

15 ‘‘(4) $558,182,000 for fiscal year 2018; 

16 ‘‘(5) $566,946,000 for fiscal year 2019; 

17 ‘‘(6) $575,885,000 for fiscal year 2020; and 

18 ‘‘(7) $584,810,202 for fiscal year 2021.’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents is amended by inserting after the item relating to 

21 section 3 the following: 

‘‘Sec. 4. Authorization of appropriations.’’. 


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1 TITLE I—CONSERVATION AND 

2 MANAGEMENT 

3 SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS. 

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

5 U.S.C. 1852(b)(2)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘or the 

7 commercial or recreational harvest’’ and inserting 

8 ‘‘or the commercial, recreational, or subsistence fish9 ing harvest’’; 

10 (2) in subparagraph (B), by striking ‘‘in the 

11 commercial and recreational fisheries’’ and inserting 

12 ‘‘in the commercial, recreational, and subsistence 

13 fisheries’’; 

14 (3) in subparagraph (C), by striking ‘‘commer15 cial and recreational fishing interests’’ and inserting 

16 ‘‘commercial, recreational, and subsistence fishing 

17 interests’’; and 

18 (4) in subparagraph (D)— 

19 (A) in clause (i)— 

20 (i) by striking ‘‘Fisheries’’ and insert21 ing ‘‘Fishery’’; and 

22 (ii) by inserting ‘‘or the South Atlan23 tic Fishery Management Council’’ after 

24 ‘‘Council’’; and 

25 (B) by striking clause (iv). 


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1 (b) ADDITION OF RHODE ISLAND TO THE MID-AT2 LANTIC FISHERY MANAGEMENT COUNCIL.—Section 

3 302(a)(1)(B) (16 U.S.C. 1852(a)(1)(B)) is amended— 

4 (1) by inserting ‘‘Rhode Island,’’ after ‘‘States 

5 of’’; 

6 (2) by inserting ‘‘Rhode Island,’’ after ‘‘except 

7 North Carolina,’’; 

8 (3) by striking ‘‘21’’ and inserting ‘‘23’’; and 

9 (4) by striking ‘‘13’’ and inserting ‘‘14’’. 

10 (c) COMMITTEES AND ADVISORY PANELS.—Section 

11 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to 

12 read as follows: 

13 ‘‘(B) Each scientific and statistical com14 mittee shall— 

15 ‘‘(i) provide its Council ongoing sci16 entific advice for fishery management deci17 sions, including recommendations for ac18 ceptable biological catch, preventing over19 fishing, maximum sustainable yield, achiev20 ing rebuilding targets, and reports on 

21 stock status and health, bycatch, habitat 

22 status, social and economic impacts of 

23 management measures, and sustainability 

24 of fishing practices; and 


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1 ‘‘(ii) carry out the requirements of 

2 this subparagraph in a transparent man3 ner, allowing for public involvement in the 

4 process.’’. 

5 (d) FUNCTIONS.—Section 302(h) (16 U.S.C. 

6 1852(h)) is amended— 

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

8 and inserting a semicolon; 

9 (2) by redesignating paragraph (8) as para10 graph (9); and 

11 (3) by inserting after paragraph (7) the fol12 lowing: 

13 ‘‘(8) have the authority to use alternative fish14 ery management measures in a recreational fishery 

15 (or the recreational component of a mixed-use fish16 ery), including extraction rates, fishing mortality, 

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

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

19 (e) WEBCASTS OF COUNCIL MEETINGS.—Section 

20 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding 

21 at the end the following: 

22 ‘‘(G) Unless closed in accordance with 

23 paragraph (3), each Council shall, where prac24 ticable, make available on the Internet website 

25 of the Council a video or audio webcast of each 


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1 meeting of the Council and each meeting of the 

2 scientific and statistical committee of the Coun3 cil not later than 30 days after the date of the 

4 conclusion of such meeting.’’. 

5 (f) REGIONAL FISHERY MANAGEMENT COUNCILS; 

6 PROCEDURAL MATTERS.—Section 302(i) (16 U.S.C. 

7 1852(i)) is amended— 

8 (1) in paragraph (4), by striking ‘‘or State au9 thorities’’ and inserting ‘‘, State, or tribal authori10 ties’’; and 

11 (2) in paragraph (6), by striking ‘‘Federal 

12 agency or from a’’ and inserting ‘‘Federal agency, 

13 tribal government, or’’. 

14 (g) COUNCIL TRAINING PROGRAM; TRAINING

15 COURSE.—Section 302(k)(1) (16 U.S.C. 1852(k)(1)) is 

16 amended— 

17 (1) by striking ‘‘Within 6 months after the date 

18 of enactment of the Magnuson-Stevens Fishery Con19 servation and Management Reauthorization Act of 

20 2006, the’’ and inserting ‘‘The’’; 

21 (2) in subparagraph (H), by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (3) in subparagraph (I), by striking the period 

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

25 (4) by adding at the end the following: 


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1 ‘‘(J) ecosystem-based fishery manage2 ment.’’. 

3 SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS. 

4 (a) REQUIRED PROVISIONS.—Section 303 (16 U.S.C. 

5 1853) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (5), by inserting ‘‘, and 

8 subsistence’’ after ‘‘charter’’; 

9 (B) in paragraph (13), by striking ‘‘and 

10 charter fishing sectors’’ each place it appears 

11 and inserting ‘‘charter, and subsistence fishing 

12 components’’; 

13 (C) in paragraph (14)— 

14 (i) by striking ‘‘each sector’’ and in15 serting ‘‘each component in the fishery’’; 

16 and 

17 (ii) by striking ‘‘and charter fishing 

18 sectors in the fishery and;’’ and inserting 

19 ‘‘charter, and subsistence fishing compo20 nents in the fishery; and’’; and 

21 (D) in paragraph (15), by striking ‘‘estab22 lish a mechanism’’ and inserting ‘‘subject to 

23 subsection (d), establish a mechanism’’; and 

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

25 ‘‘(d) LIMITATIONS.— 


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

2 subsection (a)(15) shall not— 

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

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

5 to a species in a fishery with respect to which 

6 all spawning and recruitment occurs beyond 

7 State waters and the exclusive economic zone, 

8 unless the Secretary has determined the fishery 

9 is subject to overfishing of that species; and 

10 ‘‘(B) limit or otherwise affect the require11 ments of section 301(a)(1) or 304(e) of this 

12 Act. 

13 ‘‘(2) CONSTRUCTION.—Nothing in this sub14 section shall be construed to affect any effective date 

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

16 otherwise provided for under an international agree17 ment in which the United States participates.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) MAGNUSON-STEVENS FISHERY CONSERVA20 TION AND MANAGEMENT REAUTHORIZATION ACT OF

21 2006.—Section 104 of the Magnuson-Stevens Fishery 

22 Conservation and Management Reauthorization Act 

23 of 2006 (16 U.S.C. 1853 note) is amended by strik24 ing subsection (b) and inserting the following: 

25 ‘‘(b) [Reserved].’’. 


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1 (2) BYCATCH REDUCTION INCENTIVES.—Sec2 tion 313(g)(2) (16 U.S.C. 1862(g)(2)) is amended 

3 by striking ‘‘Notwithstanding section 303(d)’’ and 

4 inserting ‘‘Notwithstanding section 303A’’. 

5 (3) GULF OF MEXICO RED SNAPPER RE6 SEARCH.—Section 407(b) (16 U.S.C. 1883(b)) is 

7 amended by inserting ‘‘as in effect on December 21, 

8 2000,’’ after ‘‘In addition to the restrictions under 

9 section 303(d)(1)(A)’’. 

10 (4) LOANS AND GUARANTEES; ELIGIBLE PUR11 POSES OF OBLIGATIONS.—Section 53706(a)(7)(A) of 

12 title 46, United States Code, is amended by striking 

13 ‘‘section 303(d)(4)’’ and inserting ‘‘section 303A’’. 

14 SEC. 103. ACTION BY THE SECRETARY. 

15 (a) UPDATED AGENCY PROCEDURES.—Not later 

16 than 90 days after the date of enactment of this Act, the 

17 Secretary of Commerce shall issue a notice of proposed 

18 rulemaking to revise and update agency procedures under 

19 the mandate of section 304(i) of the Magnuson-Stevens 

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

21 1854(i)), as added by section 107 of the Magnuson-Ste22 vens Fishery Conservation and Management Reauthoriza23 tion Act of 2006 (120 Stat. 3594). 

24 (b) ESTABLISHMENT OF FEES.—Section 304(d) (16 

25 U.S.C. 1854(d)) is amended— 


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1 (1) in paragraph (2)(A)— 

2 (A) by striking ‘‘actual costs directly re3 lated to’’ and inserting ‘‘net incremental costs 

4 attributable to’’; 

5 (B) in clause (i), by striking ‘‘; and’’ and 

6 inserting a semicolon; 

7 (C) in clause (ii), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(iii) management program that allo11 cates a percentage of the total allowable 

12 catch to individuals who have formed a 

13 sector (for purposes of this subparagraph, 

14 as defined in section 648.2 of title 50, 

15 Code of Federal Regulations).’’; and 

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

17 ‘‘(3) The Secretary may not collect any fee 

18 under this section or section 313(a) before preparing 

19 an analysis that identifies the costs that will be re20 covered by the fee and the costs that will not be re21 covered by the fee. The analysis shall be included in 

22 the applicable fishery management plan.’’. 

23 (c) REBUILDING OVERFISHED AND DEPLETED FISH24 ERIES.—Section 304(e) (16 U.S.C. 1854(e)) is amend25 ed— 


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1 (1) by amending the heading to read as follows: 

2 ‘‘(e) REBUILDING OVERFISHED AND OTHERWISE

3 DEPLETED FISHERIES.—’’; 

4 (2) by amending paragraph (1) to read as fol5 lows: 

6 ‘‘(1) The Secretary shall report annually to the 

7 Congress and the Councils on the status of fisheries 

8 within each Council’s geographical area of authority 

9 and identify those fisheries that are overfished or 

10 otherwise depleted, or are approaching a condition of 

11 being overfished or otherwise depleted. For those 

12 fisheries managed under a fishery management plan 

13 or international agreement, the status shall be deter14 mined using the criteria for overfishing (or deple15 tion, where applicable) specified in the plan or agree16 ment. A fishery shall be classified as approaching a 

17 condition of being overfished or otherwise depleted 

18 if, based on trends in fishing effort, fishery resource 

19 size, and other appropriate factors, the Secretary es20 timates that the fishery will become overfished or 

21 otherwise depleted within 2 years.’’; 

22 (3) in paragraph (2), by inserting ‘‘or otherwise 

23 depleted’’ after ‘‘overfished’’; 

24 (4) in paragraph (3)(B), by inserting ‘‘or other25 wise depleted’’ after ‘‘overfished’’; 


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1 (5) by amending paragraph (4)(A) to read as 

2 follows: 

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

4 the fishery that— 

5 ‘‘(i) shall be as short as possible, tak6 ing into account the status and biology of 

7 any overfished stocks of fish, the needs of 

8 fishing communities, recommendations by 

9 international organizations in which the 

10 United States participates, and the inter11 action of the overfished stock of fish within 

12 the marine ecosystem; and 

13 ‘‘(ii) except where management meas14 ures under an international agreement 

15 with the United States participates dictate 

16 otherwise, shall not exceed— 

17 ‘‘(I) 10 years, except in cases 

18 where the biology of the stock of fish 

19 or other environmental conditions dic20 tate otherwise; or 

21 ‘‘(II) the sum of the time in 

22 which the affected stock of fish is ex23 pected to rebuild to its maximum sus24 tainable yield biomass level in the ab25 sence of any fishing mortality, and the 


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1 mean generation of time of the af2 fected stock of fish, if those time val3 ues are the best scientific information 

4 available;’’; and 

5 (6) in paragraph (5), by striking ‘‘that a fishery 

6 is overfished’’ and inserting ‘‘that a fishery is over7 fished or otherwise depleted’’. 

8 (d) INTERNATIONAL OVERFISHING.—Section 304 

9 (16 U.S.C. 1854) is amended— 

10 (1) by striking ‘‘(i) INTERNATIONAL OVER11 FISHING.—’’ and inserting ‘‘(j) INTERNATIONAL

12 OVERFISHING.—’’; and 

13 (2) in subsection (j)(1), as redesignated by 

14 paragraph (1) of this subsection, by inserting 

15 ‘‘shall’’ after ‘‘State,’’. 

16 (e) ANNUAL REPORT ON SPECIAL FUNDS.—Section 

17 304 (16 U.S.C. 1854), as amended by subsection (d) of 

18 this section, is further amended by adding at the end the 

19 following: 

20 ‘‘(k) ANNUAL REPORT ON SPECIAL FUNDS.— 

21 ‘‘(1) ANNUAL REPORT.—Not later than 30 days 

22 after the last day of each fiscal year, the Secretary 

23 shall submit to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the 


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1 Committee on Natural Resources of the House of 

2 Representatives a report for that fiscal year on— 

3 ‘‘(A) the Western Pacific Sustainable Fish4 eries Fund established under section 204(e)(7); 

5 ‘‘(B) the Limited Access System Adminis6 tration Fund established under section 

7 305(h)(5)(B); 

8 ‘‘(C) the North Pacific Fishery Observer 

9 Fund established under section 313(d); and 

10 ‘‘(D) the Fisheries Conservation and Man11 agement Fund established under section 208(a) 

12 of the Magnuson-Stevens Fishery Conservation 

13 and Management Reauthorization Act of 2006 

14 (16 U.S.C. 1891b(a)). 

15 ‘‘(2) REQUIRED INFORMATION.—The annual re16 port required under paragraph (1) shall include a 

17 detailed accounting of— 

18 ‘‘(A) all moneys in each fund at the start 

19 of the fiscal year; 

20 ‘‘(B) all moneys deposited in each fund 

21 during the fiscal year; 

22 ‘‘(C) all moneys paid out of each fund dur23 ing the fiscal year; and 

24 ‘‘(D) all projects, programs, and activities 

25 funded by each fund during the fiscal year.’’. 


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1 SEC. 104. OTHER REQUIREMENTS AND AUTHORITY. 

2 (a) FISH HABITAT.—Section 305(b) (16 U.S.C. 

3 1855(b)) is amended— 

4 (1) in paragraph (3), by inserting ‘‘or tribal 

5 government’’ after ‘‘or State agency’’ each place it 

6 appears; and 

7 (2) in paragraph (4)— 

8 (A) by striking ‘‘from a Council or Federal 

9 or State agency’’ and inserting ‘‘from a Coun10 cil, Federal or State agency, or tribal govern11 ment’’; and 

12 (B) by inserting ‘‘or tribal government’’ 

13 after ‘‘by any State or Federal agency’’. 

14 (b) JUDICIAL REVIEW.—Section 305(f)(2) (16 

15 U.S.C. 1855(f)(2)) is amended by striking ‘‘including, ac16 tions that establish the date of closure of a fishery to com17 mercial or recreational fishing’’ and inserting ‘‘including 

18 but not limited to actions that establish the date of closure 

19 of a fishery to commercial, recreational, or subsistence 

20 fishing’’. 

21 (c) CONSUMER INFORMATION REGARDING

22 SUSTAINABLY CAUGHT FISH.—Section 305 (16 U.S.C. 

23 1855) is amended by adding at the end the following: 

24 ‘‘(l) SUSTAINABILITY STANDARD.— 

25 ‘‘(1) IN GENERAL.—For the purpose of this 

26 Act, fish is sustainability caught if— 


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1 ‘‘(A) the fish is harvested in accordance 

2 with— 

3 ‘‘(i) a fishery management plan pre4 pared and approved under this Act; or 

5 ‘‘(ii) equivalent conservation and man6 agement measures of a State or tribe, or 

7 under an international agreement to which 

8 the United States is a party, as determined 

9 by the Secretary; 

10 ‘‘(B) the fishery from which the fish is 

11 harvested is not overfished or otherwise de12 pleted; and 

13 ‘‘(C) overfishing or other depletion is not 

14 occurring in the fishery from which the fish is 

15 harvested. 

16 ‘‘(2) REBUILDING FISHERIES.—A fishery that 

17 is subject to a rebuilding plan under this Act, or 

18 equivalent conservation and management measures 

19 as determined by the Secretary, meets the criteria 

20 specified in subparagraphs (B) and (C) of paragraph 

21 (1) if the Secretary determines that the plan is ef22 fectively rebuilding the fishery.’’. 

23 SEC. 105. PROHIBITED ACTS. 

24 Section 307(1) (16 U.S.C. 1857(1)) is amended— 


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1 (1) in subparagraph (Q), by striking ‘‘; or’’ and 

2 inserting a semicolon; 

3 (2) by redesignating subparagraph (R) as sub4 paragraph (S); and 

5 (3) by inserting after subparagraph (Q) the fol6 lowing: 

7 ‘‘(R) to knowingly and willfully make or 

8 submit any incomplete, invalid, or false record, 

9 account, or label for, or any false identification 

10 of, any fish or fish product (including false 

11 identification of the species, harvesting vessel or 

12 nation, or the date or location where harvested) 

13 that has been or is intended to be imported, ex14 ported, transported, sold, offered for sale, pur15 chased, or received in interstate or foreign com16 merce, except where such making or submission 

17 is prohibited under subparagraph (I); or’’. 

18 SEC. 106. PENALTIES. 

19 (a) CIVIL PENALTIES AND PERMIT SANCTIONS.— 

20 Section 308 (16 U.S.C. 1858) is amended— 

21 (1) in subsection (a), by striking ‘‘$100,000’’ 

22 and inserting ‘‘$180,000’’; and 

23 (2) in subsection (f), by inserting ‘‘or investiga24 tion of a violation of this Act’’ after ‘‘under this sec25 tion’’. 


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1 (b) CRIMINAL PENALTIES.—Section 309(b) (16 

2 U.S.C. 1859(b)) is amended— 

3 (1) by striking ‘‘$100,000’’ and inserting 

4 ‘‘$180,000’’; and 

5 (2) by striking ‘‘$200,000’’ each place it ap6 pears and inserting ‘‘$360,000’’. 

7 SEC. 107. ENFORCEMENT. 

8 (a) JURISDICTION OF THE COURTS.— 

9 (1) IN GENERAL.—Section 311(d) (16 U.S.C. 

10 1861(d)) is amended to read as follows: 

11 ‘‘(d) JURISDICTION OF THE COURTS.— 

12 ‘‘(1) IN GENERAL.—The district courts of the 

13 United States shall have exclusive jurisdiction over 

14 any case or controversy arising under the provisions 

15 of this Act. Any such court may, at any time— 

16 ‘‘(A) enter restraining orders or prohibi17 tions; 

18 ‘‘(B) issue warrants, process in rem, or 

19 other process; 

20 ‘‘(C) prescribe and accept satisfactory 

21 bonds or other security; and 

22 ‘‘(D) take such other actions as are in the 

23 interest of justice. 

24 ‘‘(2) HAWAII AND PACIFIC INSULAR AREAS.—In 

25 the case of Hawaii or any possession of the United 


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1 States in the Pacific Ocean, the appropriate court is 

2 the United States District Court for the District of 

3 Hawaii, except that— 

4 ‘‘(A) in the case of Guam and Wake Is5 land, the appropriate court is the United States 

6 District Court for the District of Guam; and 

7 ‘‘(B) in the case of the Northern Mariana 

8 Islands, the appropriate court is the United 

9 States District Court for the District of the 

10 Northern Mariana Islands.’’. 

11 (2) CONSTRUCTION.—Nothing in this section, 

12 or the amendments made by paragraph (1), shall be 

13 construed to affect any case or controversy com14 menced, or any case or controversy pending before 

15 a district court of the United States, prior to the 

16 date of enactment of this Act. 

17 (b) PAYMENT OF STORAGE, CARE, AND OTHER

18 COSTS.—Section 311(e) (16 U.S.C. 1861(e)) is amend19 ed— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘Notwithstanding any 

22 other provision of law’’ and inserting ‘‘IN GEN23 ERAL.—Except as otherwise required under sec24 tion 204(e)(8)’’; 


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1 (B) in subparagraph (E), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (C) in subparagraph (F), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (D) by adding after subparagraph (F), the 

6 following: 

7 ‘‘(G) the costs of stock assessments, sur8 veys, and data collection in fisheries managed 

9 under this Act.’’; 

10 (2) by redesignating paragraph (2) as para11 graph (3); 

12 (3) in paragraph (3), as redesignated, by strik13 ing ‘‘Any person’’ and inserting ‘‘LIABILITY FOR

14 COSTS INCURRED.—Any person’’; and 

15 (4) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) FISHERIES ENFORCEMENT FUND.—There 

18 is established in the Treasury a non-interest bearing 

19 fund to be known as the Fisheries Enforcement 

20 Fund, into which shall be deposited all sums re21 ceived as described in paragraph (1), which shall re22 main available to the Secretary until expended as 

23 authorized in paragraph (1), without appropriation 

24 or fiscal year limitation.’’. 


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1 (c) ADMINISTRATIVE ADJUDICATION.—Section 311 

2 (16 U.S.C. 1861) is amended— 

3 (1) by redesignating subsections (d) through (j) 

4 as subsections (e) through (k), respectively; and 

5 (2) by inserting after subsection (c) the fol6 lowing: 

7 ‘‘(d) ADMINISTRATIVE ADJUDICATION.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding section 

9 559 of title 5, United States Code, with respect to 

10 any marine resource conservation law or regulation 

11 administered by the Secretary acting through the 

12 National Oceanic and Atmospheric Administration, 

13 all adjudicatory functions that are required by chap14 ter 5 of title 5, United States Code to be performed 

15 by an administrative law judge may be performed by 

16 another Federal agency on a reimbursable basis. 

17 ‘‘(2) DETAILS.—If another Federal agency per18 forming adjudicatory functions under paragraph (1) 

19 requires the detail of an administrative law judge to 

20 perform any of these functions, such Federal agency 

21 may request temporary or occasional assistance from 

22 the Office of Personnel Management under section 

23 3344 of title 5, United States Code.’’. 

24 (d) REPEALS.—Sections 110 and 111 of title I of Di25 vision B of the Consolidated and Further Continuing ApVerDate Sep 11 2014 19:37 Dec 16, 2014 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2991.IS S2991

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1 propriations Act, 2012 (Public Law 112–55; 16 U.S.C. 

2 1861 note), are repealed. 

3 (e) ANNUAL REPORT ON SPECIAL FUNDS.—Section 

4 304(k)(1), as added by section 103(e) of this Act, is 

5 amended— 

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

7 and inserting a semicolon; 

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

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

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

11 ‘‘(E) the Fisheries Enforcement Fund es12 tablished under section 311(e)(2).’’. 

13 (f) CONFORMING AMENDMENTS.— 

14 (1) CIVIL FORFEITURES.—Section 310 (16 

15 U.S.C. 1860) is amended— 

16 (A) in subsection (b), by striking ‘‘section 

17 311(d)’’ and inserting ‘‘section 311(e)’’; and 

18 (B) in subsection (d), by striking ‘‘section 

19 311(d)’’ each place it appears and inserting 

20 ‘‘subsection 311(e)’’. 

21 (2) ENFORCEMENT; NORTH ATLANTIC SALMON

22 FISHING.—Section 308 of the Atlantic Salmon Con23 vention Act of 1982 (16 U.S.C. 3607) is amended 

24 by striking ‘‘and (d)’’ each place it appears and in25 serting ‘‘and (e)’’. 


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1 SEC. 108. TRANSITION TO SUSTAINABLE FISHERIES. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 312(a)(4) (16 U.S.C. 1861a(a)(4)) is amended— 

4 (1) by inserting ‘‘to carry out this subsection’’ 

5 after ‘‘necessary’’; and 

6 (2) by striking ‘‘2007 through 2013’’ and in7 serting ‘‘2015 through 2021’’. 

8 (b) FISHERIES DISASTER RELIEF.—Section 312(a) 

9 (16 U.S.C. 1861a(a)) is amended— 

10 (1) in paragraph (1), by inserting ‘‘, a tribe,’’ 

11 after ‘‘affected State’’; 

12 (2) by redesignating paragraphs (2) through 

13 (4) as paragraphs (3) through (5), respectively; 

14 (3) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) The Secretary shall make a decision re17 garding a request under paragraph (1) not later 

18 than 90 days after the date the Secretary receives 

19 a complete estimate of the economic impact of the 

20 fishery resource disaster from the affected State, 

21 tribal government, or fishing community.’’; and 

22 (4) in paragraph (3), as redesignated— 

23 (A) by inserting ‘‘tribe, or’’ after ‘‘by the 

24 affected State,’’; 

25 (B) by inserting ‘‘, tribe,’’ after ‘‘with the 

26 affected State’’; and 


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1 (C) by striking ‘‘to assist a fishing commu2 nity’’ and inserting ‘‘to assist a State, tribe, or 

3 fishing community’’. 

4 SEC. 109. NORTH PACIFIC FISHERIES CONSERVATION. 

5 (a) ELECTRONIC TECHNOLOGIES.—Section 313 (16 

6 U.S.C. 1862) is amended— 

7 (1) in subsection (a)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘jurisdiction except a salmon fishery 

10 which’’ and inserting ‘‘jurisdiction, except a 

11 salmon fishery, that’’; 

12 (B) in paragraph (1), by striking ‘‘that ob13 servers be stationed’’ and inserting ‘‘electronic 

14 technologies or observers’’; and 

15 (C) by amending paragraph (2) to read as 

16 follows: 

17 ‘‘(2) establishes a system of fees to pay for the 

18 cost of implementing the plan and any integrated 

19 data collection program, including electronic tech20 nology requirements, established by the Council.’’; 

21 and 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)(A), by inserting 

24 ‘‘placing electronic technologies or’’ before ‘‘sta25 tioning observers on’’; 


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1 (B) in paragraph (2)(E), by inserting ‘‘ac2 tual electronic technology costs or’’ before ‘‘ac3 tual observer costs’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(3) Any system of fees established under this 

6 section may vary by fishery, management area, elec7 tronic technology, or observer coverage level.’’. 

8 (b) ARCTIC COMMUNITY DEVELOPMENT QUOTA.— 

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

10 the end the following: 

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

12 If the North Pacific Fishery Management Council issues 

13 a fishery management plan for the exclusive economic zone 

14 in the Arctic Ocean, or an amendment to its current Fish15 ery Management Plan for Fish Resources of the Arctic 

16 Management Area, that makes available to commercial 

17 fishing and establishes a sustainable harvest level for any 

18 part of such zone, the North Pacific Fishery Management 

19 Council shall set aside not less than 10 percent of the total 

20 allowable catch therein as a community development quota 

21 for coastal villages north and east of the Bering Strait.’’. 

22 (c) NORTH PACIFIC BYCATCH REPORT.—Section 

23 313 (16 U.S.C. 1862), as amended by subsection (b), is 

24 further amended by adding after subsection (k) the fol25 lowing: 


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1 ‘‘(l) NORTH PACIFIC BYCATCH REPORT.—Not later 

2 than 1 year after the date of enactment of the Magnuson3 Stevens Fishery Conservation and Management Reauthor4 ization Act of 2014, the Secretary shall submit a report 

5 to the Committee on Commerce, Science, and Transpor6 tation of the Senate and the Committee on Natural Re7 sources of the House of Representatives which examines 

8 agency actions since 2007 to reduce bycatch in fisheries 

9 of the North Pacific managed under this Act, including 

10 a review of regulatory actions that create incentives for 

11 individual vessels to avoid bycatch.’’. 

12 SEC. 110. REGIONAL FISHERY CONSERVATION AND MAN13 AGEMENT AUTHORITIES. 

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

15 is amended— 

16 (1) in section 313 (16 U.S.C. 1862), by amend17 ing the section heading to read as follows: 

18 ‘‘SEC. 313. NORTH PACIFIC FISHERY CONSERVATION AND 

19 MANAGEMENT.’’; 

20 and 

21 (2) by inserting after section 313 the following: 

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

23 AND MANAGEMENT. 

24 ‘‘At least once every 5 years, the Gulf of Mexico Fish25 ery Management Council shall review, in accordance with 


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1 the provisions of this Act, any allocation of fishing privi2 leges among the commercial, recreational, and charter 

3 components of a fishery managed under a fishery manage4 ment plan prepared by the Gulf Council, except that the 

5 Gulf Council may delay action for not more than 3 addi6 tional 1-year periods if necessary. 

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

8 AND MANAGEMENT. 

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

11 the provisions of this Act, any allocation of fishing privi12 leges among the commercial, recreational, and charter 

13 components of a fishery managed under a fishery manage14 ment plan prepared by the South Atlantic Council, except 

15 that the South Atlantic Council may delay action for not 

16 more than 3 additional 1-year periods if necessary.’’. 

17 (b) CONFORMING AMENDMENTS.—The table of con18 tents is amended— 

19 (1) by amending the item relating to section 

20 313 to read as follows: 

‘‘313. North Pacific fishery conservation and management.’’; 

21 and 

22 (2) by inserting after the item relating to sec23 tion 313, the following: 

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

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


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1 SEC. 111. SUMMER FLOUNDER MANAGEMENT. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of the enactment of this Act, the Mid-Atlantic Fish4 ery Management Council shall submit to the Secretary of 

5 Commerce, and the Secretary of Commerce may approve, 

6 a modified fishery management plan or plan amendment 

7 for the commercial and recreational management of sum8 mer flounder (Paralichthys dentatus) under the Magnu9 son-Stevens Fishery Conservation and Management Act 

10 (16 U.S.C. 1801 et seq.). The modified fishery manage11 ment plan or plan amendment shall— 

12 (1) be based on the best scientific information 

13 available; 

14 (2) reflect changes in the distribution, abun15 dance, and location of summer flounder in estab16 lishing distribution of the commercial and rec17 reational catch quotas; 

18 (3) consider regional, coast-wide, or other man19 agement measures for summer flounder that comply 

20 with the National Standards under section 301(a) of 

21 the Magnuson-Stevens Fishery Conservation and 

22 Management Act (16 U.S.C. 1851(a)); and 

23 (4) prohibit the allocation of commercial or rec24 reational catch quotas for summer flounder on a 

25 State-by-State basis using historical landings data 

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1 der stock, based on the most recent scientific infor2 mation. 

3 (b) CONSULTATION WITH THE COMMISSION.—In 

4 preparing the modified fishery management plan or plan 

5 amendment as described in subsection (a), the Council 

6 shall consult with the Atlantic States Marine Fisheries 

7 Commission to ensure consistent management throughout 

8 the range of the fishery. 

9 (c) FAILURE TO SUBMIT PLAN.—If the Council fails 

10 to submit a modified fishery management plan or plan 

11 amendment as described in subsection (a) that may be ap12 proved by the Secretary, the Secretary shall prepare and 

13 approve such a modified plan or plan amendment. 

14 (d) REPORT.—Not later than 1 year after the date 

15 of the approval of a modified fishery management plan 

16 or plan amendment as described in subsection (a), the 

17 Comptroller General of the United States shall submit to 

18 the Committee on Commerce, Science, and Transportation 

19 of the Senate and the Committee on Natural Resources 

20 of the House of Representatives a report on the implemen21 tation of the modified plan or plan amendment that in22 cludes an assessment of whether the implementation com23 plies with the national standards for fishery conservation 

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1 Stevens Fishery Conservation and Management Act (16 

2 U.S.C. 1851(a)). 

3 SEC. 112. STUDY OF ALLOCATIONS IN MIXED-USE FISH4 ERIES. 

5 (a) STUDY.—Not later than 60 days after the date 

6 of enactment of this Act, the Secretary of Commerce shall 

7 enter into a contract with the National Academy of 

8 Sciences to conduct a study— 

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

10 used for allocating fishing privileges, including con11 sideration of the conservation and socioeconomic 

12 benefits of the commercial, recreational, and charter 

13 components of a fishery, to a Regional Fishery Man14 agement Council established under section 302 of 

15 the Magnuson-Stevens Fishery Conservation and 

16 Management Act (16 U.S.C. 1852) in the prepara17 tion of a fishery management plan under that Act; 

18 and 

19 (2) to identify sources of information that could 

20 reasonably support the use of such criteria in alloca21 tion decisions. 

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

23 the contract is entered into under subsection (a), the Na24 tional Academy of Sciences shall submit to the Committee 

25 on Commerce, Science, and Transportation of the Senate 


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1 and the Committee on Natural Resources of the House 

2 of Representatives a report on the study conducted under 

3 subsection (a). 

4 TITLE II—FISHERY INFORMA5 TION, RESEARCH, AND DE6 VELOPMENT 

7 SEC. 201. INTEGRATED DATA COLLECTION PROGRAM AND 

8 ELECTRONIC TECHNOLOGIES. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that the use of electronic technologies such as digital 

11 video cameras and monitors, digital recording systems, 

12 and other forms of electronic technology as a complement 

13 to, and in some cases a replacement for, observers can 

14 maintain, increase, or improve the amount and accuracy 

15 of observer and fishery dependent information collected 

16 from fisheries while reducing the need for observers and 

17 the financial costs and logistical difficulties associated 

18 with such observers and paper reporting requirements. 

19 (b) INTEGRATED DATA COLLECTION PROGRAM AS20 SESSMENTS.— 

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

22 the date of enactment of this Act, the Regional 

23 Fishery Management Councils, in consultation with 

24 the Secretary of Commerce, shall assess the fishery 

25 dependent data needs of the fisheries in the regions 


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1 and, if necessary to meet those needs, develop rec2 ommendations for an integrated data collection pro3 gram, including appropriate electronic technologies, 

4 to gather and analyze data required for fisheries 

5 management. 

6 (2) ELEMENTS OF ASSESSMENTS.—Each as7 sessment required by this subsection shall— 

8 (A) identify the fisheries with respect to 

9 which the incorporation of electronic technology, 

10 as a complement to or replacement for observ11 ers, and electronic reporting can decrease costs, 

12 improve efficiencies and data accuracy, or ease 

13 the logistic constraints posed by observers in 

14 the fisheries while continuing to meet the stand15 ards and requirements of the Magnuson-Ste16 vens Fishery Conservation and Management 

17 Act (16 U.S.C. 1801 et seq.); 

18 (B) specify for each fishery identified 

19 which type or types of electronic technology can 

20 achieve such cost and efficiency improvements; 

21 and 

22 (C) outline the system, or systems, of fees 

23 required in subsection (c)(3) to support the in24 tegrated data collection program. 


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1 (c) REGIONAL INTEGRATED DATA COLLECTION PRO2 GRAM ADOPTION PLANS.— 

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

4 receiving the results of the assessments required 

5 under subsection (b), the Secretary of Commerce, in 

6 consultation with the relevant Regional Fishery 

7 Management Council, shall review the relevant as8 sessment for compliance with provisions of this sec9 tion and shall develop a plan to adopt and imple10 ment, with any changes needed based on the compli11 ance review, an integrated data collection program, 

12 including the use of electronic technologies, in each 

13 of the fisheries identified in the assessment. 

14 (2) ELEMENTS OF PLANS.—Each plan devel15 oped under this subsection— 

16 (A) shall have fishery dependent data col17 lection as its principal purpose; 

18 (B) shall include electronic technologies 

19 consistent with the assessment required by sub20 section (b) and the review required by para21 graph (1); 

22 (C) shall include an estimate of anticipated 

23 improvements in cost effectiveness, accuracy of 

24 information, and management efficiency for 

25 each fishery in the plan; 


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1 (D) shall include an explanation of why the 

2 most cost-effective approach is not being used, 

3 if applicable; 

4 (E) shall prioritize fishery management 

5 plans in each region, to guide development, 

6 adoption, and implementation of integrated 

7 data collection amendments to such plans; 

8 (F) shall set forth an implementation 

9 schedule, consistent with the implementation 

10 deadline specified in subsection (d), for the de11 velopment, review, adoption, and implementa12 tion of integrated data collection program 

13 amendments to fishery management plans; and 

14 (G) may be reviewed or amended annually 

15 to address changing circumstances or improve16 ments in technology. 

17 (3) INTEGRATED DATA COLLECTION PROGRAM

18 FEES.—The Secretary of Commerce shall establish a 

19 system, or systems, of fees, which may vary by fish20 ery, management area, or observer coverage level, to 

21 pay for the cost of implementing each relevant inte22 grated data collection program implemented under 

23 this subsection. 

24 (4) COUNCIL ACTION.—Not later than 4 years 

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1 gional Fishery Management Council shall amend its 

2 fishery management plans as necessary to comply 

3 with this subsection. 

4 (d) DEADLINE FOR IMPLEMENTATION.—Not later 

5 than 5 years after the date of enactment of this Act, the 

6 Regional Fishery Management Councils and the Secretary 

7 of Commerce shall complete implementation of the plans 

8 developed under subsection (c), subject to available appro9 priations. 

10 (e) REVIEWS.—The relevant Regional Fishery Man11 agement Council shall determine a time period for regular 

12 review of the integrated data collection program. 

13 SEC. 202. CAPITAL CONSTRUCTION. 

14 (a) DEFINITIONS; ELIGIBLE AND QUALIFIED FISH15 ERY FACILITIES.—Section 53501 of title 46, United 

16 States Code, is amended— 

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

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

19 FOREIGN TRADE.—’’; 

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

21 ‘‘(12) VESSEL.—’’; 

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

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

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

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


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1 (5) by redesignating paragraph (1) as para2 graph (2); 

3 (6) by inserting before paragraph (2), as redes4 ignated, the following: 

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

6 term ‘agreement fishery facility’ means an eligible 

7 fishery facility or a qualified fishery facility that is 

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

9 (7) by inserting after paragraph (2), as redesig10 nated, the following: 

11 ‘‘(3) ELIGIBLE FISHERY FACILITY.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the term ‘‘eligible fishery facility’’ 

14 means— 

15 ‘‘(i) for operations on land— 

16 ‘‘(I) a structure or an appur17 tenance thereto designed for unload18 ing and receiving from a vessel, proc19 essing, holding pending processing, 

20 distribution after processing, or hold21 ing pending distribution, of fish from 

22 a fishery; 

23 ‘‘(II) the land necessary for the 

24 structure or appurtenance described 

25 in subclause (I); and 


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1 ‘‘(III) equipment that is for use 

2 with the structure or appurtenance 

3 that is necessary to perform a func4 tion described in subclause (I); 

5 ‘‘(ii) for operations not on land, a ves6 sel built in the United States and used for, 

7 equipped to be used for, or of a type nor8 mally used for, processing fish; or 

9 ‘‘(iii) for aquaculture, including oper10 ations on land or elsewhere— 

11 ‘‘(I) a structure or an appur12 tenance thereto designed for aqua13 culture; 

14 ‘‘(II) the land necessary for the 

15 structure or appurtenance; 

16 ‘‘(III) equipment that is for use 

17 with the structure or appurtenance 

18 and that is necessary to perform a 

19 function described in subclause (I); 

20 and 

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

22 States and used for, equipped to be 

23 used for, or of a type normally used 

24 for, aquaculture. 


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1 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

2 subparagraph (A), the structure, appurtenance, 

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

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

5 the United States; or 

6 ‘‘(ii) an entity that is— 

7 ‘‘(I) a citizen of the United 

8 States under section 50501 of this 

9 title; and 

10 ‘‘(II) at least 75 percent owned 

11 by citizens of the United States, as 

12 determined under section 50501 of 

13 this title.’’; and 

14 (8) by inserting after paragraph (6), as redesig15 nated, the following: 

16 ‘‘(7) QUALIFIED FISHERY FACILITY.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the term ‘qualified fishery facility’ 

19 means— 

20 ‘‘(i) for operations on land— 

21 ‘‘(I) a structure or an appur22 tenance thereto designed for unload23 ing and receiving from a vessel, proc24 essing, holding pending processing, 

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1 ing pending distribution, of fish from 

2 a fishery; 

3 ‘‘(II) the land necessary for the 

4 structure or appurtenance; and 

5 ‘‘(III) equipment that is for use 

6 with the structure or appurtenance 

7 and necessary to perform a function 

8 described in subclause (I); 

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

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

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

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

18 ‘‘(II) the land necessary for the 

19 structure or appurtenance; 

20 ‘‘(III) equipment that is for use 

21 with the structure or appurtenance 

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

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

25 States. 


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1 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

2 subparagraph (A), the structure, appurtenance, 

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

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

5 the United States; or 

6 ‘‘(ii) an entity that is— 

7 ‘‘(I) a citizen of the United 

8 States under section 50501 of this 

9 title; and 

10 ‘‘(II) at least 75 percent owned 

11 by citizens of the United States, as 

12 determined under section 50501 of 

13 this title.’’. 

14 (b) ELIGIBLE FISHERY FACILITIES.— 

15 (1) DEFINITION OF SECRETARY.—Section 

16 53501(9)(A) of title 46, United States Code, as re17 designated by subsection (a) of this section, is 

18 amended to read as follows: 

19 ‘‘(A) the Secretary of Commerce with re20 spect to— 

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

22 vessel operated or to be operated in the 

23 fisheries of the United States; or 

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

25 qualified fishery facility; and’’. 


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1 (2) ESTABLISHING A CAPITAL CONSTRUCTION

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

3 Code, is amended— 

4 (A) in subsection (a)— 

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

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

8 after ‘‘the vessel’’; and 

9 (B) in subsection (b)— 

10 (i) by striking ‘‘The purpose of the 

11 agreement shall be’’ and inserting ‘‘The 

12 purpose of the agreement shall be—’’; 

13 (ii) by designating the text that fol14 lows after ‘‘The purpose of the agreement 

15 shall be—’’ as paragraph (1) and indent16 ing accordingly; 

17 (iii) in paragraph (1), as designated, 

18 by striking ‘‘United States.’’ and inserting 

19 ‘‘United States; or’’; and 

20 (iv) by adding after paragraph (1), as 

21 designated, the following: 

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

23 or reconstruction of a fishery facility owned by— 

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

25 United States; or 


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1 ‘‘(B) an entity that is— 

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

3 under section 50501; and 

4 ‘‘(ii) at least 75 percent owned by citi5 zens of the United States, as determined 

6 under section 50501.’’. 

7 (c) AGREEMENT FISHERY FACILITIES.— 

8 (1) DEPOSITS AND WITHDRAWALS.—Section 

9 53504(b) of title 46, United States Code, is amend10 ed by inserting ‘‘or an agreement fishery facility’’ 

11 after ‘‘agreement vessel’’. 

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

13 title 46, United States Code, is amended— 

14 (A) in subsection (a)— 

15 (i) in paragraphs (1) and (2) of sub16 section (a), by inserting ‘‘or agreement 

17 fishery facilities’’ after ‘‘agreement ves18 sels’’; and 

19 (ii) in paragraph (3) by inserting ‘‘or 

20 agreement fishery facility’’ after ‘‘agree21 ment vessel’’ each place it appears; and 

22 (B) in subsection (b)— 

23 (i) by inserting ‘‘or agreement fishery 

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


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

2 after ‘‘the vessel’’. 

3 (d) QUALIFIED FISHERY FACILITIES.— 

4 (1) QUALIFIED WITHDRAWALS.—Section 

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

7 (A) in paragraph (1), by striking ‘‘quali8 fied vessel; or’’ and inserting ‘‘qualified vessel, 

9 or the acquisition, construction, or reconstruc10 tion of a qualified fishery facility; or’’; and 

11 (B) in paragraph (2), by striking ‘‘quali12 fied vessel.’’ and inserting ‘‘qualified vessel, or 

13 the acquisition, construction, or reconstruction, 

14 of a qualified fishery facility.’’. 

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

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

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

19 ‘‘or container’’ each place it appears and insert20 ing ‘‘container, or fishery facility’’; and 

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

22 containers’’ and inserting ‘‘containers, and fish23 ery facilities’’. 

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


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

3 (e) TECHNICAL AMENDMENT.—Section 53501 of 

4 title 46, United States Code, as amended by subsection 

5 (a) of this section, is further amended in paragraph 

6 (8)(A)(iii), by striking ‘‘trade trade’’ and inserting 

7 ‘‘trade’’. 

8 SEC. 203. FISHERIES RESEARCH. 

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

10 U.S.C. 1881c) is amended by adding at the end the fol11 lowing: 

12 ‘‘(e) STOCK ASSESSMENT PLAN.— 

13 ‘‘(1) IN GENERAL.—The Secretary, in consulta14 tion with the Councils, shall develop and publish in 

15 the Federal Register, on the same schedule as re16 quired for the strategic plan required under sub17 section (b), a plan to conduct stock assessments for 

18 all stocks of fish for which a fishery management 

19 plan is in effect under this Act. 

20 ‘‘(2) CONTENTS.—The plan shall— 

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

22 stock assessment has previously been con23 ducted— 

24 ‘‘(i) establish a schedule for updating 

25 the stock assessment that is reasonable 


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1 given the biology and characteristics of the 

2 stock; and 

3 ‘‘(ii) subject to the availability of ap4 propriations, require completion of a new 

5 stock assessment, or an update of the most 

6 recent stock assessment— 

7 ‘‘(I) at least once every 5 years, 

8 except a Council may delay action for 

9 not more than 3 additional 1-year pe10 riods; or 

11 ‘‘(II) within such other time pe12 riod specified and justified by the Sec13 retary in the plan; 

14 ‘‘(B) for each economically important stock 

15 of fish for which a stock assessment has not 

16 previously been conducted— 

17 ‘‘(i) establish a schedule for con18 ducting an initial stock assessment that is 

19 reasonable given the biology and character20 istics of the stock; and 

21 ‘‘(ii) subject to the availability of ap22 propriations, require completion of the ini23 tial stock assessment not later than 3 

24 years after the date that the plan is pub25 lished in the Federal Register unless anVerDate Sep 11 2014 19:37 Dec 16, 2014 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2991.IS S2991

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1 other time period is specified and justified 

2 by the Secretary in the plan; and 

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

4 concerning recreational fishing, that, if avail5 able, would reduce uncertainty in and improve 

6 the accuracy of future stock assessments, in7 cluding whether that data and analysis could be 

8 provided by nongovernmental sources, including 

9 fishermen, fishing communities, universities, 

10 and research institutions. 

11 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE12 MENT.—Notwithstanding subparagraphs (A)(ii) and 

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

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

15 Secretary determines that such a stock assessment 

16 is not necessary and justifies the determination in 

17 the Federal Register notice required by this sub18 section.’’. 

19 (b) DEADLINE.—Notwithstanding subsection (e)(1) 

20 of section 404 of the Magnuson-Stevens Fishery Conserva21 tion and Management Act (16 U.S.C. 1881c(e)(1)), as 

22 added by this section, the Secretary of Commerce shall 

23 issue the first stock assessment plan under that subsection 

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

25 Act. 


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1 (c) STRATEGIC PLAN.—Section 404(b)(5) (16 U.S.C. 

2 1881c(b)(5)) is amended by striking ‘‘and affected States, 

3 and provide for coordination with the Councils, affected 

4 States, and other research entities’’ and inserting ‘‘, af5 fected States, and tribal governments, and provide for co6 ordination with the Councils, affected States, tribal gov7 ernments, and other research entities’’. 

8 SEC. 204. IMPROVING SCIENCE. 

9 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

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

11 1881c), as amended by section 203 of this Act, is 

12 further amended by adding at the end the following: 

13 ‘‘(f) IMPROVING DATA COLLECTION AND ANAL14 YSIS.— 

15 ‘‘(1) IN GENERAL.—The Secretary, in consulta16 tion with the scientific and statistical committees of 

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

18 develop and submit to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the 

20 Committee on Natural Resources of the House of 

21 Representatives a report on facilitating greater in22 corporation of data, analysis, stock assessments, and 

23 surveys from nongovernmental sources, including 

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1 search institutions, into fisheries management deci2 sions. 

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

4 (1) shall— 

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

6 especially concerning recreational fishing, that 

7 can be reliably used for purposes of this Act 

8 and the basis for establishing conservation and 

9 management measures as required by section 

10 303(a)(1), including setting standards for the 

11 collection and use of that data and analysis in 

12 stock assessments and surveys and for other 

13 purposes; 

14 ‘‘(B) provide specific recommendations for 

15 collecting data and performing analyses identi16 fied as necessary to reduce the uncertainty re17 ferred to in section 404(e)(2)(C); 

18 ‘‘(C) consider the extent to which it is pos19 sible to establish a registry of persons providing 

20 such information; and 

21 ‘‘(D) consider the extent to which the ac22 ceptance and use of data and analysis identified 

23 in the report in fishery management decisions is 

24 practicable.’’. 


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

2 submit the report required under the amendment made 

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

4 enactment of this Act. 

5 (c) INFORMATION COLLECTION; CONTRACTING AU6 THORITY.—Section 402 (16 U.S.C. 1881a) is amended— 

7 (1) in subsection (b)(1)(H), by striking ‘‘includ8 ing’’ and all that follows through the end and insert9 ing ‘‘including the Coast Guard’s 11 statutory mis10 sions under section 888(a) of the Homeland Security 

11 Act of 2002 (6 U.S.C. 468(a)).’’; and 

12 (2) in subsection (d), by inserting ‘‘tribal gov13 ernment,’’ before ‘‘Council’’ each place it appears. 

14 SEC. 205. FOCUSING ASSETS FOR IMPROVED FISHERIES 

15 OUTCOMES. 

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

17 11, 1939 (15 U.S.C. 713c–3(b)), is amended— 

18 (1) in paragraph (1)— 

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

20 year commencing July 1, 1954, and ending on 

21 June 30, 1957,’’; 

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

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

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

25 separate fund only for’’ and all that follows 


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1 through the end and inserting ‘‘shall only be 

2 used for the purposes described under sub3 section (c).’’; and 

4 (2) by striking paragraph (2). 

5 (b) LIMITATIONS ON BILLS TRANSFERRING

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

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

8 section, is further amended by adding at the end the fol9 lowing: 

10 ‘‘(2) LIMITATIONS ON BILLS TRANSFERRING

11 FUNDS.— 

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

13 order in the Senate or the House of Represent14 atives to consider any bill, resolution, amend15 ment, or conference report that reduces any 

16 amount in the fund referred to in paragraph 

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

18 paragraph. 

19 ‘‘(B) LIMITATION ON CHANGES TO THIS

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

21 Senate or the House of Representatives to con22 sider any bill, resolution, amendment, or con23 ference report that would repeal or otherwise 

24 amend this paragraph. 


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1 ‘‘(C) WAIVER.—A provision of this para2 graph may be waived or suspended in the Sen3 ate only by the affirmative vote of three-fifths 

4 of the Members, duly chosen and sworn. 

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

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

7 chosen and sworn, shall be required to sustain 

8 an appeal of the ruling of the Chair on the 

9 point of order raised under this paragraph. 

10 ‘‘(E) RULES OF THE SENATE AND THE

11 HOUSE OF REPRESENTATIVES.—This para12 graph is enacted by Congress— 

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

14 power of the Senate and the House of Rep15 resentatives, respectively, and is deemed to 

16 be part of the rules of each house, respec17 tively, but applicable only with respect to 

18 the procedure to be followed in the House 

19 in the case of a bill, resolution, amend20 ment, or conference report under this 

21 paragraph, and it supersedes other rules 

22 only to the extent that it is inconsistent 

23 with such rules; and 

24 ‘‘(ii) with full recognition of the con25 stitutional right of either House to change 


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1 the rules (so far as they relate to the pro2 cedure of that House) at any time, in the 

3 same manner, and to the same extent as in 

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

5 SEC. 206. SEAFOOD MARKETING. 

6 (a) IN GENERAL.—The Secretary of Commerce shall 

7 analyze the likely costs and benefits of establishing and 

8 administering a seafood marketing program to facilitate 

9 fuller realization of the commercial and economic value of 

10 U.S. fishery resources. 

11 (b) SCOPE.—In performing the analysis required by 

12 subsection (a), the Secretary shall consider— 

13 (1) the impacts of additional investment in sea14 food marketing for seafood harvesters, processors, 

15 growers, and other persons in the United States 

16 on— 

17 (A) domestic and international markets for 

18 U.S. seafood and the competitive position of the 

19 United States in those markets; 

20 (B) sustainable development and utiliza21 tion of fishery resources of the United States 

22 resulting from promotion, public education, and 

23 changes in markets; 


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1 (C) the ability of seafood harvesters, proc2 essors, growers and other persons in the United 

3 States to improve— 

4 (i) the safety, traceability, quality, 

5 marketability, and sustainability of U.S. 

6 seafood; and 

7 (ii) the coordination of their mar8 keting activities; and 

9 (D) education of consumers regarding nu10 tritional and health benefits of seafood; and 

11 (2) the feasibility of a seafood marketing pro12 gram that— 

13 (A) is funded by— 

14 (i) industry fees; 

15 (ii) contributions, donations, or gifts 

16 by private or nonprofit organizations; 

17 (iii) sums received as fines, penalties, 

18 or forfeitures of property for violations of 

19 the Magnuson-Stevens Fishery Conserva20 tion and Management Act (16 U.S.C. 1801 

21 et seq.) or any other marine resource law 

22 enforced by the Secretary of Commerce, in23 cluding the Lacey Act Amendments of 

24 1981 (16 U.S.C. 3371 et seq.); 


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1 (iv) interest generated by the invest2 ment of amounts described in clauses (i) 

3 through (iii); or 

4 (v) any combination of the amounts 

5 described in clauses (i) through (iv); and 

6 (B) apportions funds annually, on a for7 mula basis, to each State, territory, or posses8 sion of the United States that is represented on 

9 a Regional Fishery Management Council under 

10 section 302(a)(1) of the Magnuson-Stevens 

11 Fishery Conservation and Management Act (16 

12 U.S.C. 1852(a)(1)), to award grants through a 

13 competitive process to U.S. seafood growers, 

14 harvesters, processors, and other persons. 

15 (c) DEADLINE FOR SUBMISSION.—Not later than 1 

16 year after the date of enactment of this Act, the Secretary 

17 of Commerce shall provide the analysis under this section, 

18 together with any recommendations the Secretary con19 siders appropriate, in writing to the Committee on Com20 merce, Science, and Transportation of the Senate and the 

21 Committee on Natural Resources of the House of Rep22 resentatives. 


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1 TITLE III—REAUTHORIZATION 

2 OF OTHER FISHERY STATUTES 

3 SEC. 301. ANADROMOUS FISH CONSERVATION ACT. 

4 Section 4 of the Anadromous Fish Conservation Act 

5 (16 U.S.C. 757d) is amended by striking ‘‘2007 through 

6 2012’’ and inserting ‘‘2015 through 2021’’. 

7 SEC. 302. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 

8 Section 308 of the Interjurisdictional Fisheries Act 

9 of 1986 (16 U.S.C. 4107) is amended— 

10 (1) in subsection (a), by striking ‘‘$5,000,000’’ 

11 and all that follows through the end and inserting 

12 ‘‘$5,000,000 for each of fiscal years 2015 through 

13 2021.’’; and 

14 (2) in subsection (c), by striking ‘‘$900,000 for 

15 each of fiscal years 2007 through 2012’’ and insert16 ing ‘‘$1,000,000 for each of fiscal years 2015 

17 through 2021’’. 

18 SEC. 303. ATLANTIC COASTAL FISHERIES COOPERATIVE 

19 MANAGEMENT ACT. 

20 Section 811(a) of the Atlantic Coastal Fisheries Co21 operative Management Act (16 U.S.C. 5108(a)) is amend22 ed— 

23 (1) by striking ‘‘$10,000,000’’ and inserting 

24 ‘‘$13,500,000’’; and 


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1 (2) by striking ‘‘2001 through 2005’’ and in2 serting ‘‘2015 through 2021’’. 

3 SEC. 304. ATLANTIC STRIPED BASS CONSERVATION ACT. 

4 Section 7(a) of the Atlantic Striped Bass Conserva5 tion Act (16 U.S.C. 5156(a)) is amended by striking 

6 ‘‘2007, 2008, 2009, 2010, 2011’’ and inserting ‘‘2015 

7 through 2021’’. 

8 SEC. 305. YUKON RIVER SALMON ACT OF 2000. 

9 Section 208 of the Yukon River Salmon Act of 2000 

10 (16 U.S.C. 5727) is amended by striking ‘‘fiscal years 

11 2007 through 2011’’ and inserting ‘‘fiscal years 2015 

12 through 2021’’. 

13 SEC. 306. STATE AUTHORITY FOR DUNGENESS CRAB FISH14 ERY MANAGEMENT. 

15 Section 203 of Public Law 105–384 (16 U.S.C. 1856 

16 note) is amended— 

17 (1) by striking subsection (i); and 

18 (2) by redesignating subsection (j) as sub19 section (i). 


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1 TITLE IV—INTERNATIONAL CON2 SERVATION AND MANAGE3 MENT 

4 SEC. 401. SECRETARIAL REPRESENTATIVE FOR INTER5 NATIONAL FISHERIES. 

6 (a) IN GENERAL.—Title II (16 U.S.C. 1821 et seq.) 

7 is amended by inserting after section 202 the following: 

8 ‘‘SEC. 202A. SECRETARIAL REPRESENTATIVE FOR INTER9 NATIONAL FISHERIES. 

10 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

11 with the Under Secretary of Commerce for Oceans and 

12 Atmosphere, shall designate a senior official who is ap13 pointed by the President, by and with the advice and con14 sent of the Senate, to serve as the Secretarial Representa15 tive for International Fisheries for the purpose of per16 forming the duties of the Secretary with respect to inter17 national agreements involving fisheries and other living 

18 marine resources, including the development of policy and 

19 representation of the United States as a Commissioner 

20 under such international agreements. 

21 ‘‘(b) ADVICE.—The Secretarial Representative for 

22 International Fisheries shall, in consultation with the 

23 Deputy Assistant Secretary for International Affairs and 

24 the Administrator of the National Marine Fisheries Serv25 ice, advise the Secretary, Undersecretary of Commerce for 


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1 Oceans and Atmosphere, and other senior officials of the 

2 Department of Commerce and the National Oceanic and 

3 Atmospheric Administration on development of policy on 

4 international fishery conservation and management mat5 ters. 

6 ‘‘(c) CONSULTATION.—The Secretarial Representa7 tive for International Fisheries shall consult with the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and the Committee on Natural Resources of the 

10 House of Representatives on matters pertaining to any re11 gional or international negotiation concerning living ma12 rine resources.’’. 

13 (b) REPEAL.—Section 408 of the Magnuson-Stevens 

14 Fishery Conservation and Management Reauthorization 

15 Act of 2006 (16 U.S.C. 1891d) and the item relating to 

16 that section in the table of contents for that Act are re17 pealed. 

18 (c) CONFORMING AMENDMENT.—The table of con19 tents is amended by inserting after the item relating to 

20 section 202 the following: 

‘‘Sec. 202A. Secretarial Representative for International Fisheries.’’. 

21 SEC. 402. AMENDMENTS TO PACIFIC SALMON TREATY ACT 

22 OF 1985. 

23 Section 11 of the Pacific Salmon Treaty Act of 1985 

24 (16 U.S.C. 3640) is amended— 


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1 (1) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) COMPENSATION OF COMMITTEE ON SCIENTIFIC

6 COOPERATION MEMBERS.—Members of the Committee on 

7 Scientific Cooperation who are not State or Federal em8 ployees shall receive compensation at a rate equivalent to 

9 the rate payable for level IV of the Executive Schedule 

10 under section 5315 of title 5, United States Code, when 

11 engaged in actual performance of duties for the Commis12 sion.’’; and 

13 (3) in subsection (e), as redesignated, by strik14 ing ‘‘71’’ and inserting ‘‘171’’. 

15 SEC. 403. REAUTHORIZATION OF ATLANTIC TUNAS CON16 VENTION ACT OF 1975. 

17 Section 10 of the Atlantic Tunas Convention Act of 

18 1975 (16 U.S.C. 971h) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1), by striking 

21 ‘‘$5,770,000 for each of fiscal years 2007 and 

22 2008’’ and inserting ‘‘$6,500,000 for each of 

23 fiscal years 2015 and 2016’’; 

24 (B) in paragraph (2), by striking 

25 ‘‘$6,058,000 for each of fiscal years 2009 and 


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1 2010’’ and inserting ‘‘$6,500,000 for each of 

2 fiscal years 2017 and 2018’’; and 

3 (C) in paragraph (3), by striking 

4 ‘‘$6,361,000 for each of fiscal years 2011 and 

5 2013’’ and inserting ‘‘$6,750,000 for each of 

6 fiscal years 2019, 2020, and 2021’’; and 

7 (2) in subsection (b)— 

8 (A) in paragraph (1), by striking 

9 ‘‘$160,000’’ and inserting ‘‘$180,000’’; and 

10 (B) in paragraph (2), by striking 

11 ‘‘$7,500,000’’ and inserting ‘‘$4,600,000’’. 

12 SEC. 404. REAUTHORIZATION OF THE SOUTH PACIFIC TUNA 

13 ACT OF 1988. 

14 Section 20(a) of the South Pacific Tuna Act of 1988 

15 (16 U.S.C. 973r(a)) is amended— 

16 (1) in the matter preceding paragraph (1)— 

17 (A) by striking ‘‘for fiscal years 1992, 

18 1993, 1994, 1995, 1996, 1997, 1998, 1999, 

19 2000, 2001, and 2002’’; and 

20 (B) by striking ‘‘Act including—’’ and in21 serting ‘‘Act.’’; and 

22 (2) by striking paragraphs (1) and (2). 


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1 SEC. 405. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

2 FISHING MORATORIUM PROTECTION ACT. 

3 (a) ILLEGAL, UNREPORTED, OR UNREGULATED

4 FISHING DEFINED.—Section 609(e) of the High Seas 

5 Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

6 1826j(e)) is amended— 

7 (1) in paragraph (2), by striking ‘‘Within 3 

8 months after the date of enactment of the Magnu9 son-Stevens Fishery Conservation and Management 

10 Reauthorization Act of 2006’’ and inserting ‘‘Not 

11 later than 3 months after the date of enactment of 

12 the Magnuson-Stevens Fishery Conservation and 

13 Management Reauthorization Act of 2014’’; and 

14 (2) in paragraph (3)— 

15 (A) in subparagraph (B), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (C), by striking 

18 ‘‘agreement.’’ and inserting ‘‘agreement; and’’; 

19 and 

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

21 ‘‘(D) to the extent possible— 

22 ‘‘(i) fishing activities conducted by 

23 foreign vessels in waters under the juris24 diction of a nation without permission of 

25 that nation; and 


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1 ‘‘(ii) fishing activities conducted by 

2 foreign vessels in contravention of a na3 tion’s laws, including fishing activity that 

4 has not been reported or that has been 

5 misreported to the relevant national au6 thority of a nation in contravention of that 

7 nation’s laws.’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS; ILLEGAL, 

9 UNREPORTED, OR UNREGULATED FISHING.—Section 

10 609(f) of the High Seas Driftnet Fishing Moratorium Pro11 tection Act (16 U.S.C. 1826j(f)) is amended by striking 

12 ‘‘2007 through 2013’’ and inserting ‘‘2015 through 

13 2021’’. 

14 (c) AUTHORIZATION OF APPROPRIATIONS; EQUIVA15 LENT CONSERVATION MEASURES.—Section 610(f) of the 

16 High Seas Driftnet Fishing Moratorium Protection Act 

17 (16 U.S.C. 1826k(f)) is amended by striking ‘‘2007 

18 through 2013’’ and inserting ‘‘2015 through 2021’’. 

19 SEC. 406. REAUTHORIZATION OF NORTHWEST ATLANTIC 

20 FISHERIES CONVENTION ACT OF 1995. 

21 Section 211 of the Northwest Atlantic Fisheries Con22 vention Act of 1995 (16 U.S.C. 5610) is amended by strik23 ing ‘‘2012’’ and inserting ‘‘2020’’. 


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1 TITLE V—MISCELLANEOUS 

2 SEC. 501. TECHNICAL AMENDMENTS. 

3 (a) MAGNUSON-STEVENS FISHERY CONSERVATION

4 AND MANAGEMENT ACT.— 

5 (1) SOUTH PACIFIC TUNA TREATY.—Section 

6 202(e)(5) (16 U.S.C. 1822(e)(5)) is amended by 

7 striking ‘‘and it Annexes’’ and inserting ‘‘and its 

8 Annexes’’. 

9 (2) REGIONAL FISHERY MANAGEMENT COUN10 CILS.—Section 302 (16 U.S.C. 1852) is amended— 

11 (A) in subsection (a)(1)(F) by striking 

12 ‘‘Federally’’ and inserting ‘‘federally’’; 

13 (B) in subsection (b)— 

14 (i) in paragraph (2)(C) by striking 

15 ‘‘subsection (k)’’ and inserting ‘‘subsection 

16 (j)’’; 

17 (ii) in paragraph (5)(A) by striking 

18 ‘‘Federally’’ and inserting ‘‘federally’’; and 

19 (iii) in paragraph (6) by striking 

20 ‘‘paragraphs’’ and inserting ‘‘paragraph’’; 

21 (C) in subsection (h)(5) by striking ‘‘ex22 cept as provided in section’’ and inserting ‘‘ex23 cept as provided in’’; and 

24 (D) in subsection (i)(3)(B) by striking 

25 ‘‘subpararaph’’ and inserting ‘‘subparagraph’’. 


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1 (3) CONTENTS OF FISHERY MANAGEMENT

2 PLANS.—Section 303 (16 U.S.C. 1853) is amend3 ed— 

4 (A) in subsection (a)(5)— 

5 (i) by striking ‘‘recreational,’’ and in6 serting ‘‘recreational, and’’; and 

7 (ii) by striking ‘‘processors,’’ and in8 serting ‘‘processors;’’; and 

9 (B) in subsection (b) by redesignating 

10 paragraph (14) as paragraph (13). 

11 (4) LIMITED ACCESS PRIVILEGE PROGRAMS.— 

12 Section 303A(c)(4)(A)(v) (16 U.S.C. 

13 1853a(c)(4)(A)(v)) is amended by striking ‘‘is’’ and 

14 inserting ‘‘its’’. 

15 (5) PROHIBITED ACTS.—Section 307(1)(K) (16 

16 U.S.C. 1857(1)(K)) is amended by striking ‘‘to to 

17 steal’’ and inserting ‘‘to steal’’. 

18 (6) FISHING CAPACITY REDUCTION PRO19 GRAM.—Section 312(b)(2)(A) (16 U.S.C. 

20 1861a(b)(2)(A)) is amended by striking ‘‘federal or 

21 state’’ and inserting ‘‘Federal or State’’. 

22 (7) NORTH PACIFIC FISHERIES CONSERVA23 TION.—Section 313 (16 U.S.C. 1862) is amended— 

24 (A) in subsection (a)(2), by striking ‘‘or 

25 system’’ and inserting ‘‘or systems’’; and 


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1 (B) in subsection (j)(9), by striking ‘‘sec2 tion 307(l)’’ and inserting ‘‘section 307(1)’’. 

3 (8) ACTIVITIES UNDER NORTHWEST ATLANTIC

4 OCEAN FISHERIES REINVESTMENT PROGRAM.—Sec5 tion 314(a)(3) (16 U.S.C. 1863(a)(3)) is amended 

6 by striking ‘‘subsection (1)’’ and inserting ‘‘para7 graph (1)’’. 

8 (9) COORDINATION ON SEABIRD INTER9 ACTIONS.—Section 316(c) (16 U.S.C. 1865(c)) is 

10 amended by striking ‘‘Interior’’ and inserting ‘‘the 

11 Interior’’. 

12 (10) FISHERY INFORMATION.—Section 

13 401(c)(5) (16 U.S.C. 1881(c)(5)) is amended by 

14 striking ‘‘subsection’’ and inserting ‘‘section’’. 

15 (11) REGIONAL ECOSYSTEM RESEARCH.—Sec16 tion 406(f)(1)(A) (16 U.S.C. 1882(f)(1)(A)) is 

17 amended by striking ‘‘federal, state’’ and inserting 

18 ‘‘Federal, State’’. 

19 (b) MAGNUSON-STEVENS FISHERY CONSERVATION

20 AND MANAGEMENT REAUTHORIZATION ACT OF 2006.— 

21 Section 104 of the Magnuson-Stevens Fishery Conserva22 tion and Management Reauthorization Act of 2006 (16 

23 U.S.C. 1854 note) is amended by striking subsection (d). 

24 (c) HIGH SEAS DRIFTNET FISHING MORATORIUM

25 PROTECTION ACT.—Section 610(a)(1)(A) of the High 


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1 Seas Driftnet Fishing Moratorium Protection Act (16 

2 U.S.C. 1826k(a)(1)(A)) is amended by striking ‘‘prac3 tices;’’ and inserting ‘‘practices—’’. 

4 (d) ANADROMOUS FISH CONSERVATION ACT.—Sec5 tion 2 of the Anadromous Fish Conservation Act (16 

6 U.S.C. 757b) is amended in paragraph (5) by striking 

7 ‘‘Seretary’’ and inserting ‘‘Secretary’’. 

8 (e) NORTHERN PACIFIC HALIBUT ACT OF 1982.— 

9 The Northern Pacific Halibut Act of 1982 is amended— 

10 (1) in section 9(a) (16 U.S.C. 773g(a)) by 

11 striking ‘‘any’’ and inserting ‘‘an’’; and 

12 (2) in section 12 (16 U.S.C. 773j)— 

13 (A) by redesignating subsections (a) and 

14 (b) as paragraphs (1) and (2), respectively, and 

15 indenting accordingly; and 

16 (B) in paragraph (2), as redesignated, by 

17 striking ‘‘section 262(b)’’ and inserting ‘‘section 

18 262b’’. 

19 (f) GREAT LAKES FISHERY ACT OF 1956.—The 

20 Great Lakes Fishery Act of 1956 is amended— 

21 (1) in section 3(a)(1)(B) (16 U.S.C. 

22 932(a)(1)(B)) by inserting ‘‘a’’ after ‘‘official of’’; 

23 and 

24 (2) in section 8 (16 U.S.C. 937) by striking 

25 ‘‘these provisions of title 28, U. S. C.,’’ and insertVerDate Sep 11 2014 19:37 Dec 16, 2014 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2991.IS S2991

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1 ing ‘‘those provisions of title 28, United States 

2 Code,’’. 

3 (g) SOUTH PACIFIC TUNA ACT OF 1988.—Section 

4 9(h) of the South Pacific Tuna Act of 1988 (16 U.S.C. 

5 973g(h)) is amended— 

6 (1) in paragraph (3), by striking ‘‘(16 U.S.C. 

7 1374(h)(2) and 1416(a))—’’ and inserting ‘‘(16 

8 U.S.C. 1374(h)(2) and 1416(a));’’; and 

9 (2) in the matter following paragraph (3), by 

10 striking ‘‘treaty’’ and inserting ‘‘Treaty’’. 

11 (h) ANTARCTIC MARINE LIVING RESOURCES CON12 VENTION ACT OF 1984.—Section 303(1) of the Antarctic 

13 Marine Living Resources Convention Act of 1984 (16 

14 U.S.C. 2432(1)) is amended by striking ‘‘60 degrees 

15 south; 50 degrees west’’ and inserting ‘‘60 degrees south, 

16 50 degrees west’’. 

17 (i) PACIFIC SALMON TREATY ACT OF 1985.—Section 

18 3 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 

19 3632) is amended— 

20 (1) in subsection (a), by striking ‘‘States of Or21 egon, or Washington’’ and inserting ‘‘State of Or22 egon or Washington’’; and 

23 (2) in subsection (h)(2), by inserting a period 

24 after ‘‘under subsection (a)’’. 


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1 (j) NORTH PACIFIC ANADROMOUS STOCKS ACT OF

2 1992.—The North Pacific Anadromous Stocks Act of 

3 1992 (16 U.S.C. 5001 et seq.) is amended— 

4 (1) in section 803(6) (16 U.S.C. 5002(6)) by 

5 striking ‘‘North Latitude’’ and inserting ‘‘north lati6 tude’’; and 

7 (2) in section 809(d)(1)(B) (16 U.S.C. 

8 5008(d)(1)(B)), by striking ‘‘If any’’ and inserting 

9 ‘‘if any’’. 

10 (k) NORTHWEST ATLANTIC FISHERIES CONVENTION

11 ACT OF 1995.—Section 210(5) of the Northwest Atlantic 

12 Fisheries Convention Act of 1995 (16 U.S.C. 5609(5)) is 

13 amended by striking ‘‘Article’’ and inserting ‘‘Articles’’. 

14 (l) YUKON RIVER SALMON ACT OF 1995.—The 

15 Yukon River Salmon Act of 1995 (16 U.S.C. 5701 et seq.) 

16 is amended— 

17 (1) in section 704(c) (16 U.S.C. 5703(c)), by 

18 striking ‘‘subsections (b)(1) and (3)’’ and inserting 

19 ‘‘paragraph (1) or (3) of subsection (b)’’; 

20 (2) in section 709(c) (16 U.S.C. 5708(c)), by 

21 striking ‘‘chapter 71’’ and inserting ‘‘chapter 171’’; 

22 and 

23 (3) in section 710(2) (16 U.S.C. 5709(2)), by 

24 striking ‘‘section 262(b)’’ and inserting ‘‘section 

25 262b’’. 


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1 (m) YUKON RIVER SALMON ACT OF 2000.—Section 

2 206(c) of the Yukon River Salmon Act of 2000 (16 U.S.C. 

3 5725(c)) is amended by striking ‘‘chapter 71’’ and insert4 ing ‘‘chapter 171’’. 

5 (n) WESTERN AND CENTRAL PACIFIC FISHERIES

6 CONVENTION IMPLEMENTATION ACT.—The Western and 

7 Central Pacific Fisheries Convention Implementation Act 

8 (16 U.S.C. 6901 et seq.) is amended— 

9 (1) in section 502(8) (16 U.S.C. 6901(8)), by 

10 striking ‘‘Convention Area’’ and inserting ‘‘conven11 tion area’’; 

12 (2) in section 503 (16 U.S.C. 6902)— 

13 (A) in subsection (d)(1)(C), by striking 

14 ‘‘fashion.’’ and inserting ‘‘fashion,’’; and 

15 (B) by redesignating subsection (f) as sub16 section (e); 

17 (3) in section 507(a)(7) (16 U.S.C. 

18 6906(a)(7)), by striking ‘‘chapter’’ and inserting 

19 ‘‘act’’; and 

20 (4) in section 508 (16 U.S.C. 6907)— 

21 (A) in subsection (a), by striking ‘‘United 

22 States government’’ and inserting ‘‘United 

23 States Government’’; and 

24 (B) in subsection (e)— 


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1 (i) in the subsection heading, by strik2 ing ‘‘REGULATIONS—’’ and inserting 

3 ‘‘REGULATIONS.—’’; 

4 (ii) in paragraph (1)(B)(i), by striking 

5 ‘‘that’’ and inserting ‘‘than’’; and 

6 (iii) in paragraph (3), by striking 

7 ‘‘pursuant’’ and inserting ‘‘under’’. 

8 (o) PACIFIC WHITING ACT OF 2006.—Section 

9 608(c)(4) of the Pacific Whiting Act of 2006 (16 U.S.C. 

10 7007(c)(4)) is amended by striking ‘‘United State’s’’ and 

11 inserting ‘‘United States’’. 

12 SEC. 502. PACIFIC INSULAR AREAS; MARINE CONSERVA13 TION PLANS. 

14 Section 204(e)(4)(A) (16 U.S.C. 1824(e)(4)(A)) is 

15 amended— 

16 (1) in clause (i), by inserting ‘‘, in consultation 

17 with the Western Pacific Council,’’ after ‘‘Sec18 retary’’; 

19 (2) in clause (iii), by striking ‘‘coastal studies;’’ 

20 and inserting ‘‘coastal studies; and’’; 

21 (3) by striking clause (iv); and 

22 (4) by redesignating clause (v) as clause (iv). 


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1 SEC. 503. REPEAL OF GULF OF MEXICO RED SNAPPER 

2 CATCH LIMITS. 

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

4 subsection (d). 

Æ 


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