Fishing Economy Improvement Act

To reauthorize the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes. 1. Short title This Act may be cited as the Fishing Economy Improvement Act 2. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 3. Amendments to definitions Section 3 ( 16 U.S.C. 1802 (1) by inserting after paragraph (1) the following: (1a) The term artisanal fishing (A) using a relatively small amount of capital and energy and relatively small fishing vessels (if any); (B) making short fishing trips, close to shore; and (C) mainly for local consumption. ; (2) by inserting after paragraph (27) the following: (27a) The term marine aquaculture ; and (3) in paragraph (16), by adding at the end the following: Such term does not include marine aquaculture. 4. Amendments relating to highly migratory species (a) Participation for United States territories Section 102 ( 16 U.S.C. 1812 (d) United States territories The Secretary shall ensure participation for, and consider the interests of, United States territories and their fishing communities in managing highly migratory species that frequent the exclusive economic zone adjoining such territories. . (b) Appointments to Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean Section 503 of the Western and Central Pacific Fisheries Convention Implementation Act ( 16 U.S.C. 6902 (a) United States Commissioners (1) In general The United States shall be represented on the Commission by 5 United States Commissioners. The President shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the Western and Central Pacific Ocean. (2) Required Appointments Of the Commissioners appointed under paragraph (1)— (A) one shall be an officer or employee of the Department of Commerce; (B) one shall be the chairman or another member of the Western Pacific Fishery Management Council; (C) one shall be the chairman or another member of the Pacific Fishery Management Council; and (D) one shall be a resident of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands who is not a member of the Western Pacific Fishery Management Council. (3) Terms (A) In general The term of a Commissioner shall be 3 years. (B) Council Appointees A Commissioner who is appointed as a member of the Pacific Fishery Management Council or Western Pacific Fishery Management Council and whose term on that Council ends during his or her term as Commissioner may complete the current term as Commissioner but shall not be eligible for reappointment. (C) Limit on consecutive terms An individual appointed under paragraph (1) shall not be eligible to serve more than 2 consecutive terms as a Commissioner. (D) Rotation of territorial Appointments Appointments under paragraph (2)(D) shall be rotated among residents of American Samoa, Guam, and the Northern Mariana Islands to ensure equal representation of such territories. (4) Chairman The United States Commissioners may adopt such rules of procedure as they find necessary and to select a chairman from among such Commissioners who are officers or employees of the United States Government. . (c) Use of Western Pacific Sustainable Fisheries Fund (1) In general Section 204(e)(7) ( 16 U.S.C. 1824(e)(7) (A) in subparagraph (A), by inserting except as provided in subparagraph (D), (A) (B) in subparagraph (B)— (i) by inserting except as provided in subparagraph (D), (B) (ii) by striking and (C) in subparagraph (C)— (i) by inserting except as provided in subparagraph (D), (C) (ii) by striking the period at the end and inserting ; and (D) by adding at the end the following: (D) in the case of funds that are attributable to a particular U.S. Participating Territory under section 113 of division B of Public Law 112–55 . (2) Catch limit arrangement funding Section 113(b) of division B of Public Law 112–55 (A) by striking Western Pacific Regional Fisheries Management Council Secretary (B) by adding and (C) in paragraph (2)— (i) by striking use transfer (ii) by striking only (iii) by striking ; and or for such other purposes as the government of the U.S. Participating Territory determines. (D) by striking paragraph (3). 5. Amendments relating to regional fishery management councils (a) Amendments Section 302 ( 16 U.S.C. 1852 (1) In subsection (a)(1)— (A) in subparagraph (A)— (i) by striking 18 19 (ii) by inserting before the period at the end the following: and one appointed by the Secretary who is a member of the Mid-Atlantic Fishery Management Council nominated by the members of such Council to represent the interests of participants in fisheries under the jurisdiction of such Council (B) in subparagraph (B)— (i) by striking 21 22 (ii) by inserting before the period at the end the following: and one appointed by the Secretary who is a member of the New England Fishery Management Council nominated by the members of such Council to represent the interests of participants in fisheries under the jurisdiction of such Council (2) In subsection (a)(2), by adding at the end the following: Each Council shall reflect the interests of any Indian tribes, Alaskan Natives, Pacific Insular Areas, and other individuals engaged in artisanal fishing within the Council’s jurisdiction. (3) In subsection (b)(2)— (A) in subparagraph (A), by striking or recreational , recreational, or artisanal fishing (B) in subparagraph (C), in the second sentence, by inserting , and in the case of the Governor of Alaska with the artisanal fishing interests of the State, interests of the State (4) In subsection (b)(2)(B), by striking and recreational , recreational, and artisanal (5) In subsection (e), by adding at the end the following: (6) To the extent possible, each Council shall minimize the amount and cost of member and staff travel by use of electronic means for remote participation during meetings, including for voting. . (b) Report on Western Pacific Fishery Management Council The Comptroller General of the United States shall within 180 days after the date of the enactment of this Act investigate and report to the Congress on the operations of the Western Pacific Fishery Management Council. Such investigation and report shall include— (1) a full accounting of all grant money received and distributed by the Council for the 10 years preceding the enactment of this Act, including an analysis of the deliverables and results of all grant-funded projects; and (2) the involvement of Council staff in the preparation and submission of the 2012 petition to remove protections for the green sea turtle under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 6. Transparency and public process (a) Advice Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) Each scientific and statistical committee shall develop such advice in a transparent manner and allow for public involvement in the process. (b) Meetings Section 302(i)(2) ( 16 U.S.C. 1852(i)(2) (G) Each Council shall make available on the Internet website of the Council— (i) to the extent practicable, a Web cast or a live audio or video broadcast of each meeting of the Council, and of the Council Coordination Committee established under subsection (l), that is not closed in accordance with paragraph (3); and (ii) an audio or video recording (if the meeting was in person or by video conference), or a searchable audio recording or written transcript, of each meeting of the Council and of the meetings of committees referred to in section 302(g)(1)(B) of the Council, by not later than 30 days after the conclusion of the meeting. (H) The Secretary shall maintain and make available to the public an archive of Council and scientific and statistical committee meeting audios, videos, and transcripts made available under clauses (i) and (ii) subparagraph (G). . 7. Amendments relating to fishery management plans (a) Inclusion of artisanal fishing sectors Section 303(a)(13) ( 16 U.S.C. 1853(a)(13) artisanal, include a description of the commercial, recreational, (b) State dungeness crab management authority Section 203 of Public Law 105–384 16 U.S.C. 1856 (1) by striking subsection (i); and (2) by redesignating subsection (j) as subsection (i). 8. Improving fisheries data collection (a) Electronic monitoring (1) Issuance of guidance (A) Requirement The Secretary of Commerce shall issue guidance regarding the use of electronic monitoring for the purposes of monitoring fisheries that are subject to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (B) Content The guidance shall— (i) distinguish between monitoring for data collection and research purposes and monitoring for compliance and enforcement purposes; and (ii) include minimum criteria, objectives, or performance standards for electronic monitoring. (C) Process In issuing the guidance the Secretary shall— (i) consult with the Regional Fishery Management Councils and interstate fishery management commissions; (ii) publish the proposed guidance; and (iii) provide an opportunity for the submission by the public of comments on the proposed guidance. (2) Implementation of monitoring (A) In general Subject to subparagraph (B), and after the issuance of the final guidance, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(3) (i) to incorporate electronic monitoring as an alternative tool for data collection and monitoring purposes or for compliance and enforcement purposes (or both); and (ii) to allow for the replacement of a percentage of on-board observers with electronic monitoring. (B) Comparability Subparagraph (A) shall apply to a fishery only if the Council or Secretary, respectively, determines that such monitoring will yield comparable data collection and compliance results. (3) Pilot projects Before the issuance of final guidance, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(3) (4) Deadline The Secretary shall issue final guidance under this subsection by not later than 12 months after the date of enactment of this Act. (b) Video and acoustic survey technologies The Secretary shall work with the Regional Fishery Management Councils and nongovernmental entities to develop and implement the use pursuant to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 9. Cooperative research and management program (a) Plan Section 318 ( 16 U.S.C. 1867 (1) in subsection (a), by inserting (1) (2) Within one year after the date of enactment of the Fishing Economy Improvement Act ; (2) in subsection (b), by striking in consultation with the Secretary. . Each Council shall provide a list of such needs to the Secretary on an annual basis, identifying and prioritizing such needs. (3) in subsection (c)— (A) in the heading, by striking funding priorities (B) in paragraph (1), by striking all after including (A) the use of fishing vessels or acoustic or other marine technology; (B) expanding the use of electronic catch reporting programs and technology; and (C) improving monitoring and observer coverage through the expanded use of electronic monitoring devices and satellite tracking systems such as vessel monitoring systems (VMS) on small vessels. ; and (4) by adding at the end the following: (g) Acceptance of funding The Secretary may, using the authority established under section 208 of Public Law 109–479 16 U.S.C. 1891b . (b) Allocation Exception (1) In general Section 208 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1891b (A) in the section heading, by inserting Zeke Grader Fisheries Conservation and Management Fund (B) in subsection (a), by inserting Zeke Grader Fisheries Conservation and Management Fund (C) in subsection (c), by striking Fishery Conservation and Management Fund Zeke Grader Fisheries Conservation and Management Fund (D) by adding at the end the following: (f) Allocation exception Notwithstanding subsection (d), the Secretary may apportion monies from the Fund to a specific project or region if such monies were identified by the Council that designated them for inclusion in the Fund under subsection (c)(1), or by the appropriation Act, State, public source, or nonprofit or organization from which received under subsection (c)(2), as being deposited for that specific project or region. . (2) Clerical amendment The table of contents is amended by striking the item relating to section 208 and inserting the following: Sec. 208. Zeke Grader Fisheries Conservation and Management Fund. . (3) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Fisheries Conservation and Management Fund Zeke Grader Fisheries Conservation and Management Fund 10. Gulf of Mexico fisheries cooperative research and red snapper management (a) Reporting and data collection program The Secretary of Commerce shall— (1) in conjunction with the States, the Gulf of Mexico Fishery Management Council, and the recreational fishing sectors, develop and implement a real-time reporting and data collection program for the Gulf of Mexico red snapper fishery using available technology; and (2) make implementation of this subsection a priority for funds received by the Secretary and allocated to the Gulf of Mexico region under section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act 15 U.S.C. 713c–3 (b) Stock surveys and stock assessments The Secretary of Commerce, acting through the National Marine Fisheries Service Regional Administrator of the Southeast Regional Office, shall for purposes of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (1) develop a schedule of stock surveys and stock assessments for the Gulf of Mexico Region and the South Atlantic Region for the 5-year period beginning on the date of the enactment of this Act and for every 5-year period thereafter; (2) direct the Southeast Science Center Director to implement such schedule; and (3) in such development and implementation— (A) give priority to those stocks that are commercially or recreationally important; and (B) ensure that each such important stock is surveyed at least every 5 years. (c) Use of fisheries information in stock assessments The Southeast Science Center Director shall ensure that fisheries information made available through fisheries programs funded under Public Law 112–141 11. Recreational fishing data (a) Recreational data collection Section 401(g) ( 16 U.S.C. 1881(g) (4) Federal-state partnerships (A) Establishment The Secretary shall establish partnerships with States to develop best practices for implementation of State programs that are exempted under paragraph (2). (B) Guidance The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State programs that are exempted under paragraph (2), and provide such guidance to the States. (C) Biennial report The Secretary shall submit to the Congress and publish biennial reports that include— (i) the estimated accuracy of the registry program established under paragraph (1) and of State programs that are exempted under paragraph (2); (ii) priorities for improving recreational fishing data collection; and (iii) an explanation of any use of information collected by such State programs and by the Secretary, including a description of any consideration given to the information by the Secretary. (D) State grant program The Secretary shall make grants to States to improve implementation of State programs consistent with this subsection. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs. . (b) Study of recreational fisheries data (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into an agreement with the National Research Council of the National Academy of Sciences to study the implementation of the programs described in section 401 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881 (A) provide an updated assessment of recreational survey methods established or improved since the publication of the Council’s report entitled Review of Recreational Fisheries Survey Methods (2006) (B) evaluate the extent to which the recommendations made in that report were implemented pursuant to subsection (g)(3)(B) of that section; and (C) examine any limitations of the Marine Recreational Fishery Statistics Survey and the marine recreational information program established under subsection (g)(3)(A) of that section. (2) Report Not later than 1 year after entering into an agreement under paragraph (1) the Secretary shall submit a report to Congress on the results of the study under paragraph (1). 12. Marine aquaculture (a) Regulatory framework Within 1 year after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretaries of the Army, the Interior, and Health and Human Services, and with the Administrator of the Environmental Protection Agency, shall submit a report to Congress detailing a comprehensive framework for permitting and regulating marine aquaculture operations. (b) Funding The report under subsection (a) shall include recommendations for making any regulatory program self-sustaining without additional appropriations. (c) Limitation on adverse effects The report shall include detailed recommendations for how to ensure that marine aquaculture operations do not have any adverse effect on fisheries or fisheries ecosystems, including on water quality, habitat, forage, genetic diversity, and resiliency. 13. Shoreside commercial fishing support grants (a) In general Title III ( 16 U.S.C. 1851 et seq. 321. Shoreside commercial fishing support grants (a) In general The Secretary may make competitive grants to persons eligible under subsection (b) to support, pursuant to the national standard set forth in section 301(8), programs that address needs of fishing communities by— (1) providing health promotion and disease prevention services, including— (A) preventive health services and assessments; (B) mental health services and assessments; (C) substance abuse prevention, treatment, rehabilitation, and education; or (D) immunization services; (2) providing financial planning education and other services to improve the financial stability of families and small businesses, including regarding budgeting, forecasting, retirement planning, college financing, or estate planning; (3) supporting positive community response to tragedies at sea; or (4) workforce development training, including— (A) community health worker training for fishing community members; (B) apprentice programs to train inexperienced fishermen participating in sustainable fisheries; and (C) volunteer oil handling classes taught by an experienced commercial vessel operator. (b) Eligible persons Any municipality, port authority, other appropriate public entity, not-for-profit organization, or other qualified person, that provides shoreside commercial fishing support shall be eligible for a grant under this section. (c) Survey of needs The Secretary shall conduct demographic surveys of commercial fishermen and their family members to identify needs of fishing communities that can be addressed by grants authorized by this section. (d) Authorization of appropriations For grants under this section there is authorized to be appropriated to the Secretary $8,000,000 for each of fiscal years 2016 through 2025. . (b) Clerical amendment The table of contents in the first section is amended by adding at the end the following: Sec. 321. Shoreside commercial fishing support grants.’’. . 14. Saltonstall-Kennedy Act reform Section 2(b) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act 15 U.S.C. 713c–3(b) (1) by striking (1) (2) by striking and ending on June 30, 1957, (3) by striking moneys monies (4) by striking shall be maintained in a separate fund only for and shall only be used for the purposes described under subsection (c). 15. Fisheries disaster declarations (a) Treatment of California proclamation and executive order The Proclamation of State Emergency and associated Executive Order issued by Governor Edmund G. Brown, Jr. on January 17, 2014, shall be considered a request by the Governor for the Secretary of Commerce to use the Secretary’s authorities under section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) (b) Deadline for determination (1) In general Section 312(a) ( 16 U.S.C. 1861a(a) (2) The Secretary shall make a determination regarding a request from a Governor under paragraph (1) within 90 days after receiving the request. . (2) Application with respect to California proclamation and Executive Order Paragraph (2) of such section, as inserted by the amendment made by paragraph (1) of this subsection, shall be applied with respect to the proclamation and Executive Order referred to in paragraph (1) by substituting the date of the enactment of this Act for receiving the request 16. Fisheries data collection and storage modernization (a) In general The Secretary of Commerce shall seek to enter into an agreement with the United States Digital Service within 90 days after the date of the enactment of this Act, under which the Service shall make recommendations to modernize and streamline the fishery data collection, processing, analysis, and storage systems of the National Marine Fisheries Service. (b) Access to data systems Under the agreement, the Secretary shall provide the United States Digital Service with access to all data collection, processing, analysis, and storage systems of the National Marine Fisheries Service and any other information necessary to enable the development of recommendations that will ensure the optimization and modernization of such systems. (c) Implementation of recommendations The Secretary shall implement any recommendations made by the United States Digital Service. 17. Authorization of appropriations Section 4 ( 16 U.S.C. 1803 (1) by striking this Act (7) this Act (2) by striking fiscal year 2013 each of fiscal years 2016 through 2021

Summary: Fishing Economy Improvement Act This bill revises and reauthorizes through FY2021 the Magnuson-Stevens Fishery Conservation and Management Act (MSA). In managing highly migratory species that frequent the exclusive economic zone adjoining U.S. territories, the Department of Commerce must ensure participation of the territories. If funds in the Western Pacific Sustainable Fisheries Fund are attributable to a particular U.S. territory, they must be sent to the territory instead of the Western Pacific Council. Fishery management plans must include descriptions of subsistence or small scale traditional fishing. The bill makes permanent the authority of Washington, Oregon, and California to adopt and enforce state laws governing fishing and processing in the exclusive economic zone adjacent to their state in any Dungeness crab (Cancer magister) fishery for which there is no fishery management plan in effect under the MSA. The bill provides for the use of electronic monitoring of fisheries and public participation in the fishery management process by requiring certain meetings be broadcasted online. Commerce must publish a plan within a year for implementing and conducting the cooperative research and management program. The Fisheries Conservation and Management Fund is renamed the Zeke Grader Fisheries Conservation and Management Fund. Commerce must: (1) implement a real-time reporting and data collection program for the Gulf of Mexico red snapper fishery using available technology, and (2) develop a schedule of stock surveys and stock assessments for the Gulf of Mexico Region and the South Atlantic Region for the next five years and every 5-year period thereafter. Commerce must: (1) establish partnerships with states to develop best practices for implementing state programs that collect data on recreational fisheries, and (2) provide grants to states to improve implementation of those programs. Commerce may make grants to support programs that address certain needs of fishing communities. Commerce is given 90 days to determine if a fishery resource disaster exists for fisheries that originate within the Central Valley Project service area. Commerce must enter into an agreement with the United States Digital Service for the Service to make recommendations to modernize and streamline the fishery data collection, processing, analysis, and storage systems of the National Marine Fisheries Service.