II 

113TH CONGRESS 

2D SESSION S. 2824 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to promote sustainable conservation and management for the Gulf of 

Mexico and South Atlantic fisheries and the communities that rely on 

them, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2014 

Mr. RUBIO 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 Gulf of Mexico and South Atlantic fisheries and the communities that rely on them, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Florida Fisheries Improvement Act’’. 

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

7 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. 

TITLE I—CONSERVATION AND MANAGEMENT 

Sec. 101. Regional fishery management councils. 

Sec. 102. Contents of fishery management plans. 

Sec. 103. Rebuilding overfished and depleted fisheries. 

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

Sec. 105. Capital construction. 

Sec. 106. Fisheries disaster relief. 

Sec. 107. Regional fishery conservation and management authorities. 

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

TITLE II—FISHERY INFORMATION, RESEARCH, AND 

DEVELOPMENT 

Sec. 201. Fisheries research. 

Sec. 202. Improving science. 

Sec. 203. Focusing assets for improved fisheries outcomes. 

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

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 TITLE I—CONSERVATION AND 

11 MANAGEMENT 

12 SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS. 

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

14 U.S.C. 1852(b)(2)(D)) is amended— 

15 (1) in clause (i)— 


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

2 ‘‘Fishery’’; and 

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

4 Fishery Management Council’’ after ‘‘Manage5 ment Council’’; and 

6 (2) by striking clause (iv). 

7 (b) COMMITTEES AND ADVISORY PANELS.—Section 

8 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to 

9 read as follows: 

10 ‘‘(B) Each scientific and statistical committee 

11 shall— 

12 ‘‘(i) provide its Council ongoing scientific 

13 advice for fishery management decisions, in14 cluding recommendations for acceptable biologi15 cal catch, preventing overfishing, maximum sus16 tainable yield, achieving rebuilding targets, and 

17 reports on stock status and health, bycatch, 

18 habitat status, social and economic impacts of 

19 management measures, and sustainability of 

20 fishing practices; and 

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

22 subparagraph in a transparent manner, allow23 ing for public involvement in the process.’’. 

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

25 1852(h)) is amended— 


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

2 the end; 

3 (2) by redesignating paragraph (8) as para4 graph (9); and 

5 (3) by inserting after paragraph (7) the fol6 lowing: 

7 ‘‘(8) have the authority to use alternative fish8 ery management measures in a recreational fishery 

9 (or the recreational component of a mixed-use fish10 ery), including extraction rates, fishing mortality, 

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

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

13 (d) WEBCASTS OF COUNCIL MEETINGS.—Section 

14 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding 

15 at the end the following: 

16 ‘‘(G) Unless closed in accordance with para17 graph (3), each Council shall, where practicable, 

18 make available on the Internet website of the Coun19 cil a video or audio webcast of each meeting of the 

20 Council and each meeting of the scientific and sta21 tistical committee of the Council not later than 30 

22 days after the date of the conclusion of such meet23 ing.’’. 


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1 SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS. 

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

3 at the end the following: 

4 ‘‘(d) LIMITATIONS.— 

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

6 subsection (a)(15) shall not— 

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

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

9 to a species in a fishery with respect to which 

10 all spawning and recruitment occurs beyond 

11 State waters and the exclusive economic zone, 

12 unless the Secretary has determined the fishery 

13 is subject to overfishing of that species; and 

14 ‘‘(B) limit or otherwise affect the require15 ments of section 301(a)(1) or 304(e) of this 

16 Act. 

17 ‘‘(2) CONSTRUCTION.—Nothing in this sub18 section shall be construed to affect any effective date 

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

20 otherwise provided for under an international agree21 ment in which the United States participates.’’. 

22 SEC. 103. REBUILDING OVERFISHED AND DEPLETED FISH23 ERIES. 

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

25 amended to read as follows: 


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

2 the fishery that— 

3 ‘‘(i) shall be as short as possible, tak4 ing into account the status and biology of 

5 any overfished stocks of fish, the needs of 

6 fishing communities, recommendations by 

7 international organizations in which the 

8 United States participates, and the inter9 action of the overfished stock of fish within 

10 the marine ecosystem; and 

11 ‘‘(ii) except where management meas12 ures under an international agreement 

13 with the United States participates dictate 

14 otherwise, shall not exceed— 

15 ‘‘(I) 10 years, except in cases 

16 where the biology of the stock of fish 

17 or other environmental conditions dic18 tate otherwise; or 

19 ‘‘(II) the sum of the time in 

20 which the affected stock of fish is ex21 pected to rebuild to its maximum sus22 tainable yield biomass level in the ab23 sence of any fishing mortality, and the 

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1 ues are the best scientific information 

2 available;’’. 

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

4 AND DATA COLLECTION. 

5 Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amend6 ed— 

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

8 and inserting a semicolon; 

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

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

11 (3) by inserting after subparagraph (F) the fol12 lowing: 

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

14 and data collection in fisheries managed under this 

15 Act.’’. 

16 SEC. 105. CAPITAL CONSTRUCTION. 

17 (a) DEFINITIONS; ELIGIBLE AND QUALIFIED FISH18 ERY FACILITIES.—Section 53501 of title 46, United 

19 States Code, is amended— 

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

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

22 FOREIGN TRADE.—’’; 

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

24 ‘‘(12) VESSEL.—’’; 


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

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

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

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

5 (5) by redesignating paragraph (1) as para6 graph (2); 

7 (6) by inserting before paragraph (2), as redes8 ignated, the following: 

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

10 term ‘agreement fishery facility’ means an eligible 

11 fishery facility or a qualified fishery facility that is 

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

13 (7) by inserting after paragraph (2), as redesig14 nated, the following: 

15 ‘‘(3) ELIGIBLE FISHERY FACILITY.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the term ‘‘eligible fishery facility’’ 

18 means— 

19 ‘‘(i) for operations on land— 

20 ‘‘(I) a structure or an appur21 tenance thereto designed for unload22 ing and receiving from a vessel, proc23 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 described 

5 in subclause (I); and 

6 ‘‘(III) equipment that is for use 

7 with the structure or appurtenance 

8 that is necessary to perform a func9 tion described in subclause (I); 

10 ‘‘(ii) for operations not on land, a ves11 sel built in the United States and used for, 

12 equipped to be used for, or of a type nor13 mally used for, processing fish; or 

14 ‘‘(iii) for aquaculture, including oper15 ations on land or elsewhere— 

16 ‘‘(I) a structure or an appur17 tenance thereto designed for aqua18 culture; 

19 ‘‘(II) the land necessary for the 

20 structure or appurtenance; 

21 ‘‘(III) equipment that is for use 

22 with the structure or appurtenance 

23 and that is necessary to perform a 

24 function described in subclause (I); 

25 and 


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

2 States and used for, equipped to be 

3 used for, or of a type normally used 

4 for, aquaculture. 

5 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

6 subparagraph (A), the structure, appurtenance, 

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

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

9 the United States; or 

10 ‘‘(ii) an entity that is— 

11 ‘‘(I) a citizen of the United 

12 States under section 50501 of this 

13 title; and 

14 ‘‘(II) at least 75 percent owned 

15 by citizens of the United States, as 

16 determined under section 50501 of 

17 this title.’’; and 

18 (8) by inserting after paragraph (6), as redesig19 nated, the following: 

20 ‘‘(7) QUALIFIED FISHERY FACILITY.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the term ‘qualified fishery facility’ 

23 means— 

24 ‘‘(i) for operations on land— 


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1 ‘‘(I) a structure or an appur2 tenance thereto designed for unload3 ing and receiving from a vessel, proc4 essing, holding pending processing, 

5 distribution after processing, or hold6 ing pending distribution, of fish from 

7 a fishery; 

8 ‘‘(II) the land necessary for the 

9 structure or appurtenance; and 

10 ‘‘(III) equipment that is for use 

11 with the structure or appurtenance 

12 and necessary to perform a function 

13 described in subclause (I); 

14 ‘‘(ii) for operations not on land, a ves15 sel built in the United States and used for, 

16 equipped to be used for, or of a type nor17 mally used for, processing fish; or 

18 ‘‘(iii) for aquaculture, including oper19 ations on land or elsewhere— 

20 ‘‘(I) a structure or an appur21 tenance thereto designed for aqua22 culture; 

23 ‘‘(II) the land necessary for the 

24 structure or appurtenance; 


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1 ‘‘(III) equipment that is for use 

2 with the structure or appurtenance 

3 and necessary for performing a func4 tion described in subclause (I); and 

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

6 States. 

7 ‘‘(B) OWNERSHIP REQUIREMENT.—Under 

8 subparagraph (A), the structure, appurtenance, 

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

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

11 the United States; or 

12 ‘‘(ii) an entity that is— 

13 ‘‘(I) a citizen of the United 

14 States under section 50501 of this 

15 title; and 

16 ‘‘(II) at least 75 percent owned 

17 by citizens of the United States, as 

18 determined under section 50501 of 

19 this title.’’. 

20 (b) ELIGIBLE FISHERY FACILITIES.— 

21 (1) DEFINITION OF SECRETARY.—Paragraph 

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

23 Code, as redesignated by subsection (a) of this sec24 tion, is amended to read as follows: 


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1 ‘‘(A) the Secretary of Commerce with re2 spect to— 

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

4 vessel operated or to be operated in the 

5 fisheries of the United States; or 

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

7 qualified fishery facility;’’. 

8 (2) ESTABLISHING A CAPITAL CONSTRUCTION

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

10 Code, is amended— 

11 (A) in subsection (a)— 

12 (i) by inserting ‘‘or eligible fishery fa13 cility’’ after ‘‘eligible vessel’’; and 

14 (ii) by striking the period at the end 

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

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

17 follows: 

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

19 agreement shall be— 

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

21 vessels, or reconstructed vessels, built in the United 

22 States and documented under the laws of the United 

23 States, for operation in the United States foreign, 

24 Great Lakes, noncontiguous domestic, or short sea 


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1 transportation trade or in the fisheries of the United 

2 States; or 

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

4 or reconstruction of a fishery facility owned by— 

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

6 United States; or 

7 ‘‘(B) an entity that is— 

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

9 under section 50501; and 

10 ‘‘(ii) at least 75 percent owned by citi11 zens of the United States, as determined 

12 under section 50501.’’. 

13 (c) AGREEMENT FISHERY FACILITIES.— 

14 (1) DEPOSITS AND WITHDRAWALS.—Section 

15 53504(b) of title 46, United States Code, is amend16 ed by striking the period at the end and inserting 

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

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

19 title 46, United States Code, is amended— 

20 (A) in subsection (a)— 

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

22 agreement fishery facilities’’ after ‘‘agree23 ment vessels’’; 


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

2 semicolon at the end and inserting ‘‘or 

3 agreement fishery facilities;’’ and 

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

5 agreement fishery facility’’ after ‘‘agree6 ment vessel’’ both places that term ap7 pears; and 

8 (B) in subsection (b)— 

9 (i) by inserting ‘‘or agreement fishery 

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

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

12 after ‘‘the vessel’’. 

13 (d) QUALIFIED FISHERY FACILITIES.— 

14 (1) QUALIFIED WITHDRAWALS.—Section 

15 53509(a) of title 46, United States Code, is amend16 ed— 

17 (A) in paragraph (1), by striking ‘‘quali18 fied vessel; or’’ and inserting ‘‘qualified vessel, 

19 or the acquisition, construction, or reconstruc20 tion of a qualified fishery facility; or’’; and 

21 (B) in paragraph (2), by striking ‘‘quali22 fied vessel.’’ and inserting ‘‘qualified vessel, or 

23 the acquisition, construction, or reconstruction, 

24 of a qualified fishery facility.’’. 


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1 (2) TAX TREATMENT OF QUALIFIED WITH2 DRAWALS AND BASIS OF PROPERTY.—Section 53510 

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

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

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

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

7 and 

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

9 containers’’ and inserting ‘‘containers, and fish10 ery facilities’’. 

11 (3) TAX TREATMENT OF NONQUALIFIED WITH12 DRAWALS.—Section 53511(e)(4) of title 46, United 

13 States Code, is amended by inserting ‘‘or fishery fa14 cility’’ after ‘‘vessel’’. 

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

16 of section 53501 of title 46, United States Code, as redes17 ignated by subsection (a) of this section, is amended by 

18 striking ‘‘trade trade’’ and inserting ‘‘trade’’. 

19 SEC. 106. FISHERIES DISASTER RELIEF. 

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

21 (1) by redesignating paragraphs (2) through 

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

23 (2) by inserting after paragraph (1) the fol24 lowing: 


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

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

3 the date the Secretary receives a complete estimate of the 

4 economic impact of the fishery resource disaster from the 

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

6 SEC. 107. REGIONAL FISHERY CONSERVATION AND MAN7 AGEMENT AUTHORITIES. 

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

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

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

11 AND MANAGEMENT. 

12 ‘‘At least once every 5 years, the Gulf Council shall 

13 review, in accordance with the provisions of this Act, any 

14 allocation of fishing privileges among the commercial, rec15 reational, and charter components of a fishery managed 

16 under a fishery management plan prepared by the Council, 

17 except that the Council may delay action for not more 

18 than 3 additional 1 year periods if necessary. 

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

20 AND MANAGEMENT. 

21 ‘‘At least once every 5 years, the South Atlantic 

22 Council shall review, in accordance with the provisions of 

23 this Act, any allocation of fishing privileges among the 

24 commercial, recreational, and charter components of a 

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1 pared by the Council, except that the Council may delay 

2 action for not more than 3 additional 1 year periods if 

3 necessary.’’. 

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

5 amended by inserting after the item relating to section 

6 313, the following: 

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

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

7 SEC. 108. STUDY OF ALLOCATIONS IN MIXED-USE FISH8 ERIES. 

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

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

11 of Commerce shall enter into an arrangement with the Na12 tional Academy of Sciences to conduct a study— 

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

14 used for allocating fishing privileges, including con15 sideration of the conservation and socioeconomic 

16 benefits of the commercial, recreational, and charter 

17 components of a fishery, to a Regional Fishery Man18 agement Council established under section 302 of 

19 the Magnuson-Stevens Fishery Conservation and 

20 Management Act (16 U.S.C. 1852) in the prepara21 tion of a fishery management plan under that Act; 

22 and 


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1 (2) to identify sources of information that could 

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

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

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

6 Academy of Sciences shall submit to the Committee on 

7 Commerce, Science, and Transportation of the Senate and 

8 the Committee on Natural Resources of the House of Rep9 resentatives a report on the study conducted under sub10 section (a). 

11 TITLE II—FISHERY INFORMA12 TION, RESEARCH, AND DE13 VELOPMENT 

14 SEC. 201. FISHERIES RESEARCH. 

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

16 U.S.C. 1881c) is amended by adding at the end the fol17 lowing: 

18 ‘‘(e) STOCK ASSESSMENT PLAN.— 

19 ‘‘(1) IN GENERAL.—The Secretary, in consulta20 tion with the Councils, shall develop and publish in 

21 the Federal Register, on the same schedule as re22 quired for the strategic plan required under sub23 section (b), a plan to conduct stock assessments for 

24 all stocks of fish for which a fishery management 

25 plan is in effect under this Act. 


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1 ‘‘(2) CONTENTS.—The plan shall— 

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

3 stock assessment has previously been con4 ducted— 

5 ‘‘(i) establish a schedule for updating 

6 the stock assessment that is reasonable 

7 given the biology and characteristics of the 

8 stock; and 

9 ‘‘(ii) subject to the availability of ap10 propriations, require completion of a new 

11 stock assessment, or an update of the most 

12 recent stock assessment— 

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

14 except a Council may delay action for 

15 not more than 3 additional 1-year pe16 riods; or 

17 ‘‘(II) within such other time pe18 riod specified and justified by the Sec19 retary in the plan; 

20 ‘‘(B) for each economically important stock 

21 of fish for which a stock assessment has not 

22 previously been conducted— 

23 ‘‘(i) establish a schedule for con24 ducting an initial stock assessment that is 


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1 reasonable given the biology and character2 istics of the stock; and 

3 ‘‘(ii) subject to the availability of ap4 propriations, require completion of the ini5 tial stock assessment not later than 3 

6 years after the date that the plan is pub7 lished in the Federal Register unless an8 other time period is specified and justified 

9 by the Secretary in the plan; and 

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

11 concerning recreational fishing, that, if avail12 able, would reduce uncertainty in and improve 

13 the accuracy of future stock assessments, in14 cluding whether that data and analysis could be 

15 provided by nongovernmental sources, including 

16 fishermen, fishing communities, universities, 

17 and research institutions. 

18 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE19 MENT.—Notwithstanding subparagraphs (A)(ii) and 

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

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

22 Secretary determines that such a stock assessment 

23 is not necessary and justifies the determination in 

24 the Federal Register notice required by this sub25 section.’’. 


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

2 section 404(e) of the Magnuson-Stevens Fishery Con3 servation and Management Act, as added by this section, 

4 the Secretary of Commerce shall issue the first stock as5 sessment plan under that section by not later than 1 year 

6 after the date of the enactment of this Act. 

7 SEC. 202. IMPROVING SCIENCE. 

8 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

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

10 1881c), as amended by section 201 of this Act, is 

11 further amended by adding at the end the following: 

12 ‘‘(f) IMPROVING DATA COLLECTION AND ANAL13 YSIS.— 

14 ‘‘(1) IN GENERAL.—The Secretary, in consulta15 tion with the scientific and statistical committees of 

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

17 develop and submit to the Committee on Commerce, 

18 Science, and Transportation of the Senate and the 

19 Committee on Natural Resources of the House of 

20 Representatives a report on facilitating greater in21 corporation of data, analysis, stock assessments, and 

22 surveys from nongovernmental sources, including 

23 fishermen, fishing communities, universities, and re24 search institutions, into fisheries management deci25 sions. 


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

2 (1) shall— 

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

4 especially concerning recreational fishing, that 

5 can be reliably used for purposes of this Act 

6 and the basis for establishing conservation and 

7 management measures as required by section 

8 303(a)(1), including setting standards for the 

9 collection and use of that data and analysis in 

10 stock assessments and surveys and for other 

11 purposes; 

12 ‘‘(B) provide specific recommendations for 

13 collecting data and performing analyses identi14 fied as necessary to reduce the uncertainty re15 ferred to in section 404(e)(2)(C); 

16 ‘‘(C) consider the extent to which it is pos17 sible to establish a registry of persons providing 

18 such information; and 

19 ‘‘(D) consider the extent to which the ac20 ceptance and use of data and analysis identified 

21 in the report in fishery management decisions is 

22 practicable.’’. 

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

24 submit the report required under the amendment made 


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

2 the enactment of this Act. 

3 SEC. 203. FOCUSING ASSETS FOR IMPROVED FISHERIES 

4 OUTCOMES. 

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

6 11, 1939 (15 U.S.C. 713c–3(b)), is amended— 

7 (1) in paragraph (1)— 

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

9 year commencing July 1, 1954, and ending on 

10 June 30, 1957,’’; 

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

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

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

14 separate fund only for’’ and all that follows and 

15 inserting ‘‘shall only be used for the purposes 

16 described under subsection (c).’’; and 

17 (2) by striking paragraph (2). 

18 (b) LIMITATIONS ON BILLS TRANSFERRING

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

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

21 section, is further amended by adding at the end the fol22 lowing: 

23 ‘‘(2) LIMITATIONS ON BILLS TRANSFERRING

24 FUNDS.— 


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•S 2824 IS

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

2 order in the Senate or the House of Represent3 atives to consider any bill, resolution, amend4 ment, or conference report that reduces any 

5 amount in the fund referred to in paragraph 

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

7 paragraph. 

8 ‘‘(B) LIMITATION ON CHANGES TO THIS

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

10 Senate or the House of Representatives to con11 sider any bill, resolution, amendment, or con12 ference report that would repeal or otherwise 

13 amend this paragraph. 

14 ‘‘(C) WAIVER.—A provision of this para15 graph may be waived or suspended in the Sen16 ate only by the affirmative vote of three-fifths 

17 of the Members, duly chosen and sworn. 

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

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

20 chosen and sworn, shall be required to sustain 

21 an appeal of the ruling of the Chair on the 

22 point of order raised under this paragraph. 

23 ‘‘(E) RULES OF THE SENATE AND THE

24 HOUSE OF REPRESENTATIVES.—This para25 graph is enacted by Congress— 


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•S 2824 IS

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

2 power of the Senate and the House of Rep3 resentatives, respectively, and is deemed to 

4 be part of the rules of each house, respec5 tively, but applicable only with respect to 

6 the procedure to be followed in the House 

7 in the case of a bill, resolution, amend8 ment, or conference report under this 

9 paragraph, and it supersedes other rules 

10 only to the extent that it is inconsistent 

11 with such rules; and 

12 ‘‘(ii) with full recognition of the con13 stitutional right of either House to change 

14 the rules (so far as they relate to the pro15 cedure of that House) at any time, in the 

16 same manner, and to the same extent as in 

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

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

19 REPEAL. 

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

21 subsection (d). 

Æ 


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