I 
116TH CONGRESS 
1ST SESSION H. R. 3697 
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to provide flexibility for fishery managers and stability for fishermen, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2019 
Mr. YOUNG (for himself and Mr. VAN DREW) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To amend the Magnuson-Stevens Fishery Conservation and 
Management Act to provide flexibility for fishery man-
agers and stability for fishermen, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Fishing 
Communities and Increasing Flexibility in Fisheries Man-
agement Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
Sec. 3. Definitions. 
Sec. 4. References. 
TITLE I—MAGNUSON-STEVENS ACT FINDINGS AND DEFINITIONS 
AMENDMENTS AND REAUTHORIZATION 
Sec. 101. Amendments to findings. 
Sec. 102. Amendments to definitions. 
Sec. 103. Authorization of appropriations. 
TITLE II—FISHERIES MANAGEMENT FLEXIBILITY AND 
MODERNIZATION 
Sec. 201. Definitions. 
Sec. 202. Process for allocation review for South Atlantic and Gulf of Mexico 
mixed-use fisheries. 
Sec. 203. Alternative fishery management measures. 
Sec. 204. Modifications to the annual catch limit requirement. 
Sec. 205. Limitation on future catch share programs. 
Sec. 206. Study of limited access privilege programs for mixed-use fisheries. 
Sec. 207. Cooperative data collection. 
Sec. 208. Recreational fishing data. 
Sec. 209. Miscellaneous amendments relating to fishery management councils. 
Sec. 210. Northeast regional pilot research trawl survey and study. 
TITLE III—HEALTHY FISHERIES THROUGH BETTER SCIENCE 
Sec. 301. Healthy fisheries through better science. 
Sec. 302. Transparency and public process. 
Sec. 303. Flexibility in rebuilding fish stocks. 
Sec. 304. Exempted fishing permits. 
Sec. 305. Cooperative research and management program. 
Sec. 306. Federal Gulf of Mexico red snapper management. 
TITLE IV—STRENGTHENING FISHING COMMUNITIES 
Sec. 401. Estimation of cost of recovery from fishery resource disaster. 
Sec. 402. Deadline for action on request by Governor for determination regard-
ing fishery resource disaster. 
Sec. 403. North Pacific Fishery management clarification. 
Sec. 404. Limitation on harvest in North Pacific directed pollock fishery. 
Sec. 405. Arctic community development quota. 
Sec. 406. Reallocation of certain unused harvest allocation. 
Sec. 407. Community Development Quota Program panel voting procedures. 
Sec. 408. Prohibition on shark feeding off coast of Florida. 
Sec. 409. Restoration of historically freshwater environment. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Mitigation for impacts to submerged aquatic vegetation. 
Sec. 502. Plan for electronic monitoring and reporting procedures for the 
Northeast Multispecies Fishery. 
Sec. 503. Study of fees charged to lobster fishing industry. 
Sec. 504. Limitation on application of prohibition on Atlantic striped bass fish-
ing in Block Island Sound transit zone. 
Sec. 505. Funding for monitoring implementation of Northeast Multispecies 
Fishery Management Plan. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
TITLE VI—REEF ASSASSIN ACT 
Sec. 601. Short title. 
Sec. 602. Encouraging elimination of lionfish. 
SEC. 3. DEFINITIONS. 
In this Act, any term used that is defined in section 
3 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802) shall have the same 
meaning such term has under that section. 
SEC. 4. 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 ref-
erence shall be considered to be made to a provision of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
TITLE 
I—MAGNUSON-STEVENS 
ACT FINDINGS AND DEFINI-
TIONS AMENDMENTS AND RE-
AUTHORIZATION 
SEC. 101. AMENDMENTS TO FINDINGS. 
Section 2(a) (16 U.S.C. 1801) is amended— 
(1) in paragraph (1), by inserting ‘‘cultural 
well-being,’’ after ‘‘economy,’’; and 
(2) in paragraph (10), by inserting ‘‘and tradi-
tional ways of life’’ after ‘‘economic growth’’. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
SEC. 102. AMENDMENTS TO DEFINITIONS. 
(a) DEFINITIONS.—Section 3 (16 U.S.C. 1802) is 
amended— 
(1) in paragraph (2), by striking ‘‘management 
program’’; 
(2) in paragraph (34), by striking ‘‘The terms 
‘overfishing’ and ‘overfished’ mean’’ and inserting 
‘‘The term ‘overfishing’ means’’; 
(3) by inserting after paragraph (8) the fol-
lowing: 
‘‘(8a) The term ‘depleted’ means, with respect 
to a stock of fish or stock complex, that the stock 
or stock complex has a biomass that has declined 
below a level that jeopardizes the capacity of the 
stock or stock complex to produce maximum sustain-
able yield on a continuing basis.’’; and 
(4) by inserting after paragraph (43) the fol-
lowing: 
‘‘(43a)(A) The term ‘subsistence fishing’ means 
fishing in which the fish harvested are intended for 
customary and traditional uses, including for direct 
personal or family consumption as food or clothing; 
for the making or selling of handicraft articles out 
of nonedible byproducts taken for personal or family 
consumption, for barter, or sharing for personal or 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
family consumption; and for customary exchange or 
trade. 
‘‘(B) In this paragraph— 
‘‘(i) the term ‘family’ means all persons re-
lated by blood, marriage, or adoption, or any 
person living within the household on a perma-
nent basis; and 
‘‘(ii) the term ‘barter’ means the exchange 
of a fish or fish part— 
‘‘(I) for another fish or fish part; or 
‘‘(II) for other food or for nonedible 
items other than money if the exchange is 
of a limited and noncommercial nature.’’. 
(b) SUBSTITUTION OF TERM.—The Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) is amended— 
(1) in the heading of section 304(e), by striking 
‘‘OVERFISHED’’ and inserting ‘‘DEPLETED’’; and 
(2) by striking ‘‘overfished’’ each place it ap-
pears and inserting ‘‘depleted’’. 
(c) 
CLARITY
IN
ANNUAL
REPORT.—Section 
304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by adding 
at the end the following: ‘‘The report shall distinguish be-
tween fisheries that are depleted (or approaching that con-
dition) as a result of fishing and fisheries that are depleted 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(or approaching that condition) as a result of factors other 
than fishing. The report shall state, for each fishery iden-
tified as depleted or approaching that condition, whether 
the fishery is the target of directed fishing.’’. 
SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 
Section 4 (16 U.S.C. 1803) is amended— 
(1) by striking ‘‘this Act’’ and all that follows 
through ‘‘(7)’’ and inserting ‘‘this Act’’; and 
(2) by striking ‘‘fiscal year 2013’’ and inserting 
‘‘each of fiscal years 2020 through 2024’’. 
TITLE II—FISHERIES MANAGE-
MENT FLEXIBILITY AND MOD-
ERNIZATION 
SEC. 201. DEFINITIONS. 
For the purposes of implementing this title: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Natural Resources 
of the House of Representatives. 
(2) LIMITED
ACCESS
PRIVILEGE
PROGRAM.— 
The term ‘‘limited access privilege program’’ means 
a program that meets the requirements of section 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
303A of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1853a). 
(3) MIXED-USE FISHERY.—The term ‘‘mixed- 
use fishery’’ means a Federal fishery in which two 
or more of the following occur: 
(A) Recreational fishing. 
(B) Charter fishing. 
(C) Commercial fishing. 
SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH 
ATLANTIC AND GULF OF MEXICO MIXED-USE 
FISHERIES. 
(a) STUDY OF ALLOCATIONS IN MIXED-USE FISH-
ERIES.—Not later than 60 days after the date of enact-
ment of this Act, the Secretary of Commerce shall seek 
to enter into an arrangement with the National Academy 
of Sciences to conduct a study of South Atlantic and Gulf 
of Mexico mixed-use fisheries— 
(1) to provide guidance to each applicable 
Council on criteria that could be used for allocating 
fishing privileges, including consideration of the con-
servation and socioeconomic benefits of the commer-
cial, recreational, and charter components of a fish-
ery, in the preparation of a fishery management 
plan; 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(2) to identify sources of information that could 
reasonably support the use of such criteria in alloca-
tion decisions; 
(3) to develop procedures for allocation reviews 
and potential adjustments in allocations; and 
(4) that shall consider the ecological, economic 
and social factors relevant to each component of the 
mixed-use fishery including but not limited to: fair-
ness and equitability of all current allocations; per-
cent utilization of available allocations by each com-
ponent; consumer and public access to the resource; 
and the application of economic models for fully esti-
mating the direct and indirect value-added contribu-
tions of the various commercial and recreational 
fishing industry market sectors throughout chain of 
custody. 
(b) REPORT.—Not later than 1 year after the date 
an arrangement is entered into under subsection (a), the 
National Academy of Sciences shall submit to the appro-
priate committees of Congress a report on the study con-
ducted under that subsection. 
(c) PROCESS FOR ALLOCATION REVIEW AND ESTAB-
LISHMENT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and every 5 years 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
thereafter, an applicable Council shall perform a re-
view of the allocations to the commercial fishing sec-
tor and the recreational fishing sector of all applica-
ble fisheries in its jurisdiction. 
(2) CONSIDERATIONS.—In conducting a review 
under paragraph (1), an applicable Council shall 
consider, in each allocation decision, the conserva-
tion and socioeconomic benefits of— 
(A) the commercial fishing sector; and 
(B) the recreational fishing sector. 
(d) DEFINITION OF APPLICABLE COUNCIL.—In this 
section, the term ‘‘applicable Council’’ means— 
(1) the South Atlantic Fishery Management 
Council; or 
(2) the Gulf of Mexico Fishery Management 
Council. 
SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEAS-
URES. 
Section 302(h) (16 U.S.C. 1852(h)) is amended— 
(1) in paragraph (8), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by redesignating paragraph (9) as para-
graph (10); and 
(3) by inserting after paragraph (8), the fol-
lowing: 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(9) have the authority to use alternative fish-
ery management measures in a recreational fishery 
(or the recreational component of a mixed-use fish-
ery), including extraction rates, fishing mortality 
targets, and harvest control rules, in developing a 
fishery management plan, plan amendment, or pro-
posed regulations; and’’. 
SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 
REQUIREMENT. 
(a) REGIONAL FISHERY MANAGEMENT COUNCILS.— 
Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following: 
‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN-
NUAL CATCH LIMIT REQUIREMENTS.— 
‘‘(1) ANNUAL CATCH LIMIT REQUIREMENT FOR 
CERTAIN
DATA-POOR
FISHERIES.—Notwithstanding 
subsection (h)(6), in the case of a stock of fish for 
which the total annual catch limit is 25 percent or 
more below the overfishing limit, a peer-reviewed 
stock survey and stock assessment have not been 
performed during the preceding 5 fishing years, and 
the stock is not subject to overfishing, a Council 
may, after notifying the Secretary, maintain the cur-
rent annual catch limit for the stock until a peer-re-
viewed stock survey and stock assessment are con-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
ducted and the results are considered by the Council 
and its scientific and statistical committee. 
‘‘(2) CONSIDERATION OF ECOSYSTEM AND ECO-
NOMIC IMPACTS.—In establishing annual catch lim-
its a Council may, consistent with subsection (h)(6), 
consider changes in an ecosystem and the economic 
needs of the fishing communities. 
‘‘(3) LIMITATIONS
TO
ANNUAL
CATCH
LIMIT 
REQUIREMENT FOR SPECIAL FISHERIES.—Notwith-
standing subsection (h)(6), a Council is not required 
to develop an annual catch limit for— 
‘‘(A) an ecosystem-component species; 
‘‘(B) a fishery for a species that has a life 
cycle of approximately 1 year, unless the Sec-
retary has determined the fishery is subject to 
overfishing; or 
‘‘(C) a stock for which— 
‘‘(i) more than half of a single-year 
class will complete their life cycle in less 
than 18 months; and 
‘‘(ii) fishing mortality will have little 
impact on the stock. 
‘‘(4) RELATIONSHIP TO INTERNATIONAL FISH-
ERY EFFORTS.— 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(A) IN
GENERAL.—Each annual catch 
limit, consistent with subsection (h)(6)— 
‘‘(i) may take into account manage-
ment measures under international agree-
ments in which the United States partici-
pates; and 
‘‘(ii) in the case of an annual catch 
limit developed by a Council for a species, 
shall take into account fishing for the spe-
cies outside the exclusive economic zone 
and the life-history characteristics of the 
species that are not subject to the jurisdic-
tion of the Council. 
‘‘(B) EXCEPTION TO ANNUAL CATCH LIMIT 
REQUIREMENT.—If fishery management activi-
ties by another country with respect to fishing 
outside the exclusive economic zone may hinder 
conservation efforts by United States fishermen 
for a fish species for which any of the recruit-
ment, distribution, life history, or fishing activi-
ties are transboundary, and for which there is 
no informal transboundary agreement with that 
country in effect, then— 
‘‘(i) 
notwithstanding 
subsection 
(h)(6), no annual catch limit is required to 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
be developed for the species by a Council; 
and 
‘‘(ii) if an annual catch limit is devel-
oped by a Council for the species, the catch 
limit shall take into account fishing for the 
species outside the exclusive economic zone 
that is not subject to the jurisdiction of the 
Council. 
‘‘(5) AUTHORIZATION FOR MULTISPECIES COM-
PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 
For purposes of subsection (h)(6), a Council may es-
tablish— 
‘‘(A) an annual catch limit for a stock 
complex; or 
‘‘(B) annual catch limits for each year in 
any continuous period that is not more than 3 
years in duration. 
‘‘(6) ECOSYSTEM-COMPONENT
SPECIES
DE-
FINED.—In this subsection the term ‘ecosystem-com-
ponent species’ means a stock of fish that is a non-
target, incidentally harvested stock of fish in a fish-
ery, or a nontarget, incidentally harvested stock of 
fish that a Council or the Secretary has deter-
mined— 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(A) is not subject to overfishing, ap-
proaching a depleted condition or depleted; and 
‘‘(B) is not likely to become subject to 
overfishing or depleted in the absence of con-
servation and management measures. 
‘‘(7) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed as providing an 
exemption from the requirements of section 301(a) 
of this Act.’’. 
(b) ACTION BY THE SECRETARY.—Section 304 (16 
U.S.C. 1854) is amended— 
(1) by striking ‘‘(i) INTERNATIONAL OVER-
FISHING.—’’ and inserting ‘‘(j) INTERNATIONAL 
OVERFISHING.—’’; 
(2) in subsection (j)(1), as redesignated, by in-
serting ‘‘shall’’ before ‘‘immediately’’; and 
(3) by adding at the end the following: 
‘‘(k) STOCK SURVEYS AND ASSESSMENTS.—Not later 
than 2 years after the date that the Secretary receives no-
tice from a Council under section 302(m), the Secretary 
shall complete a peer-reviewed stock survey and stock as-
sessment of the applicable stock of fish and transmit the 
results of the survey and assessment to the Council.’’. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
SEC. 205. LIMITATION ON FUTURE CATCH SHARE PRO-
GRAMS. 
(a) CATCH SHARE DEFINED.—Section 3 (16 U.S.C. 
1802) is amended by inserting after paragraph (2) the fol-
lowing: 
‘‘(2a) The term ‘catch share’ means any fishery 
management program that allocates a specific per-
centage of the total allowable catch for a fishery, or 
a specific fishing area, to an individual, cooperative, 
community, processor, representative of a commer-
cial sector, or regional fishery association established 
in accordance with section 303A(c)(4), or other enti-
ty.’’. 
(b) CATCH
SHARE
REFERENDUM
PILOT
PRO-
GRAM.— 
(1) IN GENERAL.—Section 303A(c)(6)(D) (16 
U.S.C. 1853a(c)(6)(D)) is amended to read as fol-
lows: 
‘‘(D) CATCH SHARE REFERENDUM PILOT 
PROGRAM.— 
‘‘(i) The New England, Mid-Atlantic, 
South Atlantic, and Gulf of Mexico Coun-
cils may not submit a fishery management 
plan or amendment that creates a catch 
share program for a fishery, and the Sec-
retary may not approve or implement such 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
a plan or amendment submitted by such a 
Council or a Secretarial plan or amend-
ment under section 304(c) that creates 
such a program, unless the final program 
has been approved, in a referendum in ac-
cordance with this subparagraph, by a ma-
jority of the permit holders eligible to par-
ticipate in the fishery. For multispecies 
permits in the Gulf of Mexico, any permit 
holder with landings from within the sector 
of the fishery being considered for the 
catch share program within the 5-year pe-
riod preceding the date of the referendum 
and still active in fishing in the fishery 
shall be eligible to participate in such a 
referendum. If a catch share program is 
not approved by the requisite number of 
permit holders, it may be revised and sub-
mitted for approval in a subsequent ref-
erendum. 
‘‘(ii) The Secretary shall conduct a 
referendum under this subparagraph, in-
cluding notifying all permit holders eligible 
to participate in the referendum and mak-
ing available to them— 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(I) a copy of the proposed pro-
gram; 
‘‘(II) an estimate of the costs of 
the program, including costs to par-
ticipants; 
‘‘(III) an estimate of the amount 
of fish or percentage of quota each 
permit holder would be allocated; and 
‘‘(IV) information concerning the 
schedule, procedures, and eligibility 
requirements for the referendum proc-
ess. 
‘‘(iii) For the purposes of this sub-
paragraph, the term ‘permit holder eligible 
to participate’ only includes the holder of 
a permit for a fishery under which fishing 
has occurred in 3 of the 5 years preceding 
a referendum for the fishery, unless sick-
ness, injury, or other unavoidable hardship 
prevented the permit holder from engaging 
in such fishing. 
‘‘(iv) The Secretary may not imple-
ment any catch share program for any 
fishery managed exclusively by the Sec-
retary unless first petitioned by a majority 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
of those permit holders eligible to partici-
pate in the fishery.’’. 
(2) LIMITATION ON APPLICATION.—The amend-
ment made by paragraph (1) shall not apply to a 
catch share program that is submitted to, or pro-
posed by, the Secretary of Commerce before the date 
of enactment of this Act. 
(3) REGULATIONS.—Before conducting a ref-
erendum under the amendment made by paragraph 
(1), the Secretary of Commerce shall issue regula-
tions implementing such amendment after providing 
an opportunity for submission by the public of com-
ments on the regulations. 
SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PRO-
GRAMS FOR MIXED-USE FISHERIES. 
(a) STUDY ON LIMITED ACCESS PRIVILEGE PRO-
GRAMS.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Commerce shall seek 
to enter into an arrangement under which the Ocean Stud-
ies Board of the National Academies of Sciences, Engi-
neering, and Medicine shall— 
(1) study the use of limited access privilege pro-
grams in mixed-use fisheries, including— 
(A) identifying any inequities caused by a 
limited access privilege program; 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(B) recommending policies to address the 
inequities identified in subparagraph (A); and 
(C) identifying and recommending the dif-
ferent factors and information a mixed-use fish-
ery should consider when designing, estab-
lishing, or maintaining a limited access privilege 
program to mitigate any inequities identified in 
subparagraph (A); and 
(2) submit to the appropriate committees of 
Congress a report on the study under paragraph (1), 
including the recommendations under subparagraphs 
(B) and (C) of paragraph (1). 
(b) TEMPORARY MORATORIUM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), there shall be a moratorium on the sub-
mission and approval of a limited access privilege 
program for a mixed-use fishery until the date that 
the report is submitted under subsection (a)(1)(B). 
(2) EXCEPTION.—Subject to paragraph (3), a 
Council may submit, and the Secretary of Commerce 
may approve, for a mixed-use fishery that is man-
aged under a limited access system, a limited access 
privilege program if such program was part of a 
pending fishery management plan or plan amend-
ment before the date of enactment of this Act. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(3) MANDATORY REVIEW.—A Council that ap-
proves a limited access privilege program under 
paragraph (2) shall, upon issuance of the report re-
quired under subparagraph (a), review and, to the 
extent practicable, revise the limited access privilege 
program to be consistent with the recommendations 
of the report or any subsequent statutory or regu-
latory requirements designed to implement the rec-
ommendations of the report. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to affect a limited access 
privilege program approved by the Secretary of 
Commerce before the date of enactment of this Act. 
SEC. 207. COOPERATIVE DATA COLLECTION. 
(a) IMPROVING DATA COLLECTION AND ANALYSIS.— 
Section 404 (16 U.S.C. 1881c) is amended by adding at 
the end the following: 
‘‘(f) IMPROVING DATA COLLECTION
AND ANAL-
YSIS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall develop, in consultation with the science and 
statistical committees of the Councils established 
under section 302(g) and the Marine Fisheries Com-
missions, and submit to the Committee on Com-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
merce, Science, and Transportation of the Senate 
and the Committee on Natural Resources of the 
House of Representatives a report on facilitating 
greater incorporation of data, analysis, stock assess-
ments, and surveys from State agencies and non-
governmental sources described in paragraph (2) 
into fisheries management decisions. 
‘‘(2) 
NONGOVERNMENTAL
SOURCES.—Non-
governmental sources referred to in paragraph (1) 
include the following: 
‘‘(A) Fishermen. 
‘‘(B) Fishing communities. 
‘‘(C) Universities. 
‘‘(D) Research and philanthropic institu-
tions. 
‘‘(3) CONTENT.—In developing the report 
under paragraph (1), the Secretary shall— 
‘‘(A) identify types of data and analysis, 
especially concerning recreational fishing, that 
can be reliably used for purposes of this Act as 
the basis for establishing conservation and man-
agement measures as required by section 
303(a)(1), including setting standards for the 
collection and use of that data and analysis in 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
stock assessments and surveys and for other 
purposes as determined by the Secretary; 
‘‘(B) provide specific recommendations for 
collecting data and performing analyses identi-
fied as necessary to reduce uncertainty in and 
improve the accuracy of future stock assess-
ments, including whether such data and anal-
ysis could be provided by nongovernmental 
sources, including fishermen, fishing commu-
nities, universities, and research institutions; 
‘‘(C) consider the extent to which it is pos-
sible to establish a registry of persons collecting 
or submitting the data and performing the 
analyses identified under subparagraphs (A) 
and (B); and 
‘‘(D) consider the extent to which the ac-
ceptance and use of data and analyses identi-
fied in the report in fishery management deci-
sions is practicable.’’. 
(b) PUBLICATION.—The Secretary of Commerce shall 
make available on the Internet Website of the National 
Oceanic and Atmospheric Administration the report re-
quired under the amendment made by subsection (a) by 
not later than 1 year after the date of the enactment of 
this Act. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(c) NAS REPORT RECOMMENDATIONS.—The Sec-
retary of Commerce shall take into consideration and, to 
the extent feasible, implement the recommendations of the 
National Academy of Sciences in the report entitled ‘‘Re-
view of the Marine Recreational Information Program 
(2017)’’, including— 
(1) prioritizing the evaluation of electronic data 
collection, including smartphone applications, elec-
tronic diaries for prospective data collection, and an 
Internet website option for panel members or for the 
public; 
(2) evaluating whether the design of the Marine 
Recreational Information Program for the purposes 
of stock assessment and the determination of stock 
management reference points is compatible with the 
needs of in-season management of annual catch lim-
its; and 
(3) if the Marine Recreational Information Pro-
gram is incompatible with the needs of in-season 
management of annual catch limits, determining an 
alternative method for in-season management. 
SEC. 208. RECREATIONAL FISHING DATA. 
Section 401(g) (16 U.S.C. 1881(g)) is amended by 
redesignating paragraph (5) as paragraph (6), and by in-
serting after paragraph (4) the following: 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(5) FEDERAL-STATE PARTNERSHIPS.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish partnerships with States to de-
velop best practices for implementation of State 
programs established pursuant to paragraph 
(2). 
‘‘(B) GUIDANCE.—The Secretary shall de-
velop guidance, in cooperation with the States, 
that details best practices for administering 
State programs pursuant to paragraph (2), and 
provide such guidance to the State.’’. 
SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO 
FISHERY MANAGEMENT COUNCILS. 
(a) COUNCIL
JURISDICTION
FOR
OVERLAPPING 
FISHERIES.—Section 302(a)(1) (16 U.S.C. 1852(a)(1)) is 
amended— 
(1) in subparagraph (A), in the second sen-
tence— 
(A) by striking ‘‘18’’ and inserting ‘‘19’’; 
and 
(B) by inserting before the period at the 
end ‘‘and a liaison who is a member of the Mid- 
Atlantic Fishery Management Council to rep-
resent the interests of fisheries under the juris-
diction of such Council’’; and 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(2) in subparagraph (B), in the second sen-
tence— 
(A) by striking ‘‘21’’ and inserting ‘‘22’’; 
and 
(B) by inserting before the period at the 
end ‘‘and a liaison who is a member of the New 
England Fishery Management Council to rep-
resent the interests of fisheries under the juris-
diction of such Council’’. 
(b) COUNCIL SEAT.—Section 302(b)(2) (16 U.S.C. 
1852(b)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘or rec-
reational’’ and inserting ‘‘, recreational, or subsist-
ence fishing’’; and 
(2) in subparagraph (C), in the second sen-
tence, by inserting ‘‘, and in the case of the Gov-
ernor of Alaska with the subsistence fishing interests 
of the State,’’ after ‘‘interests of the State’’. 
(c) 
PURPOSE.—Section 
2(b)(3) 
(16 
U.S.C. 
1801(b)(3)) is amended by striking ‘‘and recreational’’ 
and inserting ‘‘, recreational, and subsistence’’. 
(d) PROHIBITION ON CONSIDERING RED SNAPPER 
KILLED DURING REMOVAL OF OIL RIGS.—Any red snap-
per that are killed during the removal of any offshore oil 
rig in the Gulf of Mexico shall not be considered in deter-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
mining under the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) whether 
the total allowable catch for red snapper has been reached. 
(e) PROHIBITION
ON CONSIDERING FISH SEIZED 
FROM FOREIGN FISHING.—Any fish that are seized from 
a foreign vessel engaged in illegal fishing activities in the 
exclusive economic zone shall not be considered in deter-
mining under the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) the total 
allowable catch for that fishery. 
SEC. 210. NORTHEAST REGIONAL PILOT RESEARCH TRAWL 
SURVEY AND STUDY. 
(a) INDUSTRY-BASED PILOT STUDY.—Within 1 year 
after the date of the enactment of this Act, the Secretary 
of Commerce shall, in coordination with the relevant 
Councils selected by the Secretary and the Northeast Area 
Monitoring and Assessment Program (NEAMAP), develop 
a fishing industry-based Northeast regional pilot research 
trawl survey and study to enhance and provide improve-
ment to current National Oceanic and Atmospheric Ad-
ministration vessel trawl surveys. 
(b) COMPONENTS.—Under the pilot survey and 
study— 
(1) the Secretary— 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(A) may select fishing industry vessels to 
participate in the study by issuing a request for 
procurement; 
(B) may use the NEAMAP Southern New 
England/Mid-Atlantic Nearshore Trawl Survey 
as a model for the pilot survey; and 
(C) shall outfit participating vessels with a 
peer-reviewed net configuration; and 
(2) the selected Councils shall, in partnership 
with the National Marine Fisheries Service North-
east Fisheries Science Center and the Virginia Insti-
tute of Marine Science, collect data and evaluate dis-
crepancies between fishing industry vessel data and 
National Oceanic and Atmospheric Administration 
vessel data, for 5 years. 
(c) REPORT.—Upon completion of the pilot survey 
and study, the Secretary and the selected Councils shall 
submit a detailed report on the results of the pilot survey 
and study to the Committee on Natural Resources of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
VerDate Sep 11 2014 
20:23 Jul 23, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
TITLE III—HEALTHY FISHERIES 
THROUGH BETTER SCIENCE 
SEC. 
301. 
HEALTHY 
FISHERIES 
THROUGH 
BETTER 
SCIENCE. 
(a) DEFINITION OF STOCK ASSESSMENT.—Section 3 
(16 U.S.C. 1802), as amended by section 102(a) of this 
Act, is further amended by redesignating the paragraphs 
after paragraph (42) in order as paragraphs (44) through 
(53), and by inserting after paragraph (42) the following: 
‘‘(43) The term ‘stock assessment’ means an 
evaluation of the past, present, and future status of 
a stock of fish, that includes— 
‘‘(A) a range of life history characteristics 
for such stock, including— 
‘‘(i) the geographical boundaries of 
such stock; and 
‘‘(ii) information on age, growth, nat-
ural mortality, sexual maturity and repro-
duction, feeding habits, and habitat pref-
erences of such stock; and 
‘‘(B) fishing for the stock.’’. 
(b) STOCK ASSESSMENT PLAN.— 
(1) IN
GENERAL.—Section 404 (16 U.S.C. 
1881c), as amended by section 207(a) of this Act, 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
is further amended by adding at the end the fol-
lowing: 
‘‘(g) STOCK ASSESSMENT PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and publish in the Federal Register, on the same 
schedule as required for the strategic plan required 
under subsection (b) of this section, a plan to con-
duct stock assessments for all stocks of fish for 
which a fishery management plan is in effect under 
this Act. 
‘‘(2) CONTENTS.—The plan shall— 
‘‘(A) for each stock of fish for which a 
stock assessment has previously been con-
ducted— 
‘‘(i) establish a schedule for updating 
the stock assessment that is reasonable 
given the biology and characteristics of the 
stock; and 
‘‘(ii) subject to the availability of ap-
propriations, require completion of a new 
stock assessment, or an update of the most 
recent stock assessment— 
‘‘(I) every 5 years; or 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(II) within such other time pe-
riod specified and justified by the Sec-
retary in the plan; 
‘‘(B) for each stock of fish for which a 
stock assessment has not previously been con-
ducted— 
‘‘(i) establish a schedule for con-
ducting an initial stock assessment that is 
reasonable given the biology and character-
istics of the stock; and 
‘‘(ii) subject to the availability of ap-
propriations, require completion of the ini-
tial stock assessment within 3 years after 
the plan is published in the Federal Reg-
ister unless another time period is specified 
and justified by the Secretary in the plan; 
and 
‘‘(C) identify data and analysis, especially 
concerning recreational fishing, that, if avail-
able, would reduce uncertainty in and improve 
the accuracy of future stock assessments, in-
cluding whether such data and analysis could 
be provided by fishermen, fishing communities, 
universities, and research institutions, to the ex-
tent that use of such data would be consistent 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
with the requirements in section 301(a)(2) to 
base conservation and management measures 
on the best scientific information available. 
‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE-
MENT.—Notwithstanding subparagraphs (A)(ii) and 
(B)(ii), a stock assessment is not required for a 
stock of fish in the plan if the Secretary determines 
that such a stock assessment is not necessary and 
justifies such determination in the Federal Register 
notice required by this subsection.’’. 
(2) 
DEADLINE.—Notwithstanding 
section 
404(g)(1) of the Magnuson-Stevens Fishery Con-
servation and Management Act, as amended by this 
section, the Secretary of Commerce shall issue the 
first stock assessment plan under such section by 
not later than 2 years after the date of enactment 
of this Act. 
SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. 
(a) ADVICE.—Section 302(g)(1)(B) (16 U.S.C. 
1852(g)(1)(B)) is amended by adding at the end the fol-
lowing: ‘‘Each scientific and statistical committee shall de-
velop 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)) is amended by adding at the end the following: 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(G) Each Council shall make available on 
the Internet Web site of the Council— 
‘‘(i) to the extent practicable, a 
Webcast, an audio recording, or a live 
broadcast of each meeting of the Council, 
and of the Council Coordination Com-
mittee established under subsection (l), 
that is not closed in accordance with para-
graph (3); and 
‘‘(ii) audio, video (if the meeting was 
in person or by video conference), or a 
searchable audio or written transcript of 
each meeting of the Council and of the 
meetings of committees referred to in sec-
tion (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) of subpara-
graph (G).’’. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS. 
(a) GENERAL REQUIREMENTS.—Section 304(e) (16 
U.S.C. 1854(e)) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A)(i), by striking 
‘‘possible’’ and inserting ‘‘practicable’’; 
(B) by amending subparagraph (A)(ii) to 
read as follows: 
‘‘(ii) may not exceed the time the 
stock would be rebuilt without fishing oc-
curring plus one mean generation, except 
in a case in which— 
‘‘(I) the biology of the stock of 
fish, other environmental conditions, 
or management measures under an 
international agreement in which the 
United States participates dictate oth-
erwise; 
‘‘(II) the Secretary determines 
that the cause of the stock being de-
pleted is outside the jurisdiction of the 
Council or the rebuilding program 
cannot be effective only by limiting 
fishing activities; 
‘‘(III) the Secretary determines 
that one or more components of a 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
mixed-stock fishery is depleted but 
cannot be rebuilt within that time 
frame without significant economic 
harm to the fishery, or cannot be re-
built without causing another compo-
nent of the mixed-stock fishery to ap-
proach a depleted status; 
‘‘(IV) the Secretary determines 
that recruitment, distribution, or life 
history of, or fishing activities for, the 
stock are affected by informal trans-
boundary agreements under which 
management activities outside the ex-
clusive economic zone by another 
country may hinder conservation and 
management efforts by United States 
fishermen; and 
‘‘(V) the Secretary determines 
that the stock has been affected by 
unusual events that make rebuilding 
within the specified time period im-
probable without significant economic 
harm to fishing communities;’’; 
(C) by striking ‘‘and’’ after the semicolon 
at the end of subparagraph (B), by redesig-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
nating subparagraphs (B) and (C) as subpara-
graphs (C) and (D), and by inserting after sub-
paragraph (A) the following: 
‘‘(B) take into account environmental con-
dition including predator/prey relationships;’’; 
and 
(D) by striking the period at the end of 
subparagraph (D) (as so redesignated) and in-
serting ‘‘; and’’, and by adding at the end the 
following: 
‘‘(E) specify a schedule for reviewing the 
rebuilding targets, evaluating environmental im-
pacts on rebuilding progress, and evaluating 
progress being made toward reaching rebuilding 
targets.’’; and 
(2) by adding at the end the following: 
‘‘(8) A fishery management plan, plan amend-
ment, or proposed regulations may use alternative 
rebuilding strategies, including harvest control rules 
and fishing mortality-rate targets to the extent they 
are in compliance with the requirements of this Act. 
‘‘(9) A Council may terminate the application of 
paragraph (3) to a fishery if the Council’s scientific 
and statistical committee determines and the Sec-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
retary concurs that the original determination that 
the fishery was depleted was erroneous, either— 
‘‘(A) within the 2-year period beginning on 
the effective date a fishery management plan, 
plan amendment, or proposed regulation for a 
fishery under this subsection takes effect; or 
‘‘(B) within 90 days after the completion 
of the next stock assessment after such deter-
mination.’’. 
(b) EMERGENCY REGULATIONS AND INTERIM MEAS-
URES.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) 
is amended by striking ‘‘180 days after’’ and all that fol-
lows through ‘‘provided’’ and inserting ‘‘1 year after the 
date of publication, and may be extended by publication 
in the Federal Register for one additional period of not 
more than 1 year, if’’. 
SEC. 304. EXEMPTED FISHING PERMITS. 
(a) OBJECTIONS.—If the relevant Council, the Inter-
state Marine Fisheries Commission, or the fish and wild-
life agency of an affected State objects to the approval 
and issuance of an exempted fishing permit under section 
600.745 of title 50, Code of Federal Regulations, or any 
successor regulation, the Regional Administrator of the 
National Marine Fisheries Service who issued such ex-
empted fishing permit shall respond to such entity in writ-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
ing detailing why such exempted fishing permit was 
issued. 
(b) 12-MONTH FINDING.—At the end of the 12- 
month period beginning on the date the exempted fishing 
permit is issued under section 600.745 of title 50, Code 
of Federal Regulations, or any successor regulation, the 
Council that prepared the fishery management plan, or the 
Secretary in the case of a fishery management plan pre-
pared and implemented by the Secretary, shall review the 
exempted fishing permit and determine whether any unin-
tended negative impacts have occurred that would warrant 
the discontinuation of the permit. 
(c) CLARIFICATION.—The Secretary may not issue an 
exempted fishing permit under section 600.745 of title 50, 
Code of Federal Regulations, or any successor regulation 
that— 
(1) establishes a limited access system as de-
fined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1802); 
(2) is consistent with section 303A of such Act 
(16 U.S.C. 1853a); or 
(3) establishes a catch share program as de-
fined in section 206(a) of this Act. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(d) SAVINGS PROVISION.—Except for subsection (b), 
nothing in this section may be construed to affect an ex-
empted fishing permit approved under section 600.745 of 
title 50, Code of Federal Regulations, before the date of 
the enactment of this Act. 
SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT 
PROGRAM. 
Section 318 (16 U.S.C. 1867) is amended— 
(1) in subsection (a), by inserting ‘‘(1)’’ before 
the first sentence, and by adding at the end the fol-
lowing: 
‘‘(2) Within 1 year after the date of enactment 
of the Strengthening Fishing Communities and In-
creasing Flexibility in Fisheries Management Act, 
and after consultation with the Councils, the Sec-
retary shall publish a plan for implementing and 
conducting the program established in paragraph 
(1). Such plan shall identify and describe critical re-
gional fishery management and research needs, pos-
sible projects that may address those needs, and es-
timated costs for such projects. The plan shall be re-
vised and updated every 5 years, and updated plans 
shall include a brief description of projects that were 
funded in the prior 5-year period and the research 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
and management needs that were addressed by those 
projects.’’; and 
(2) in subsection (c)— 
(A) in the heading, by striking ‘‘FUNDING’’ 
and inserting ‘‘PRIORITIES’’; and 
(B) in paragraph (1), by striking ‘‘includ-
ing’’ and all that follows and inserting the fol-
lowing: ‘‘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.’’. 
SEC. 306. FEDERAL GULF OF MEXICO RED SNAPPER MAN-
AGEMENT. 
(a) IN GENERAL.—Section 407 (16 U.S.C. 1883) is 
amended to read as follows: 
‘‘SEC. 407. CERTIFICATION OF STATE SURVEYS. 
‘‘(a) SUBMISSION.—A Gulf State that conducts a ma-
rine recreational fisheries statistical survey in the Gulf of 
Mexico to make catch estimates for red snapper landed 
in such State may submit such survey to the Secretary 
for certification. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(b) CERTIFICATION STANDARDS.—Not later than 
90 days after the date of enactment of the Strengthening 
Fishing Communities and Increasing Flexibility in Fish-
eries Management Act, the Secretary shall establish and 
provide the Gulf States with standards for certifying State 
marine recreational fisheries statistical surveys that 
shall— 
‘‘(1) ensure that State marine recreational fish-
eries statistical surveys are appropriately pilot test-
ed, independently peer reviewed, and endorsed for 
implementation by the reviewers; 
‘‘(2) use designs consistent with accepted sur-
vey sampling practices; and 
‘‘(3) minimize the potential for bias and known 
sources of survey error. 
‘‘(c) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall make a 
certification or a denial of certification for any ma-
rine recreational fisheries statistical survey sub-
mitted under subsection (a) not later than the end 
of the 6-month period beginning on the date that the 
survey and information needed to evaluate the sur-
vey under the standards established under sub-
section (b) are submitted. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(2) TIMING.—In the case of a certification re-
quest from a Gulf State, the Secretary shall begin 
evaluation of the request upon receipt of all informa-
tion necessary to make a determination consistent 
with the standards set forth under subsection (b). 
‘‘(3) DEEMED
CERTIFIED.—A marine rec-
reational fisheries statistical survey shall be deemed 
to be certified effective upon the expiration of the 6- 
month period described in paragraph (1) if the Sec-
retary has not made a certification or denial of cer-
tification. 
‘‘(d) MODIFICATION OF SURVEYS DENIED CERTIFI-
CATION.— 
‘‘(1) IN
GENERAL.—If a marine recreational 
fisheries statistical survey of a Gulf State is denied 
certification under subsection (c), the Secretary 
shall, not later than 60 days after the date of the 
denial, provide the Gulf State a proposal for modi-
fications to the survey. 
‘‘(2) PROPOSAL.—A proposal provided to a Gulf 
State for a survey under paragraph (1)— 
‘‘(A) shall be specific to the survey sub-
mitted by such Gulf State and may not be con-
strued to apply to any other Gulf State; 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(B) shall require revision to the fewest 
possible provisions of the survey; and 
‘‘(C) may not unduly burden the ability of 
such Gulf State to revise the survey. 
‘‘(3) MODIFIED SURVEY.— 
‘‘(A) AUTHORITY TO SUBMIT.—If a marine 
recreational fisheries statistical survey of a Gulf 
State was denied certification under subsection 
(c), the Gulf State may modify the survey and 
submit the modified survey to the Secretary for 
certification or denial of certification. 
‘‘(B) SCHEDULE.—The Secretary shall 
make a certification or denial of certification for 
any modified survey not later than the end of 
the 30-day period beginning on the date the 
modified survey is submitted. 
‘‘(C) DEEMED
CERTIFIED.—A modified 
survey is deemed to be certified effective upon 
the expiration of the period described in sub-
paragraph (B) if the Secretary has not made a 
certification or denial of certification.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section is amended by striking the item relating 
to section 407 and inserting the following: 
‘‘Sec. 407. Certification of State surveys.’’. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6211
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
TITLE IV—STRENGTHENING 
FISHING COMMUNITIES 
SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISH-
ERY RESOURCE DISASTER. 
Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amend-
ed— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by redesignating existing subparagraphs (A) 
through (C) as clauses (i) through (iii), respectively, 
of subparagraph (A) (as designated by the amend-
ment made by paragraph (1)); and 
(3) by adding at the end the following: 
‘‘(B) The Secretary shall publish the estimated cost 
of recovery from a fishery resource disaster no later than 
30 days after the Secretary makes the determination 
under subparagraph (A) with respect to such disaster.’’. 
SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOV-
ERNOR FOR DETERMINATION REGARDING 
FISHERY RESOURCE DISASTER. 
Section 312(a) (16 U.S.C. 1861a(a)) is amended by 
redesignating paragraphs (2) through (4) as paragraphs 
(3) through (5), and by inserting after paragraph (1) the 
following: 
‘‘(2) The Secretary shall make a decision regarding 
a request from a Governor under paragraph (1) within 90 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
days after receiving an estimate of the economic impact 
of the fishery resource disaster from the entity requesting 
the relief.’’. 
SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARI-
FICATION. 
Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is 
amended— 
(1) by striking ‘‘was no’’ and inserting ‘‘is no’’; 
and 
(2) by striking ‘‘on August 1, 1996’’. 
SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DI-
RECTED POLLOCK FISHERY. 
Section 210(e)(1) of the American Fisheries Act (title 
II of division C of Public Law 105–277; 16 U.S.C. 1851 
note) is amended to read as follows: 
‘‘(1) HARVESTING.— 
‘‘(A) LIMITATION.—No particular indi-
vidual, corporation, or other entity may harvest, 
through a fishery cooperative or otherwise, a 
percentage of the pollock available to be har-
vested in the directed pollock fishery that ex-
ceeds the percentage established for purposes of 
this paragraph by the North Pacific Fishery 
Management Council. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(B) MAXIMUM
PERCENTAGE.—The per-
centage established by the North Pacific Fish-
ery Management Council shall not exceed 24 
percent of the pollock available to be harvested 
in the directed pollock fishery.’’. 
SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA. 
Section 313 (16 U.S.C. 1862) is amended by adding 
at the end the following: 
‘‘(k) ARCTIC COMMUNITY DEVELOPMENT QUOTA.— 
If the North Pacific Fishery Management Council issues 
a fishery management plan for the exclusive economic zone 
in the Arctic Ocean, or an amendment to the Fishery 
Management Plan for Fish Resources of the Arctic Man-
agement Area issued by such Council, that makes avail-
able to commercial fishing, and establishes a sustainable 
harvest level, for any part of such zone, the Council shall 
set aside not less than 10 percent of the total allowable 
catch therein as a community development quota for 
coastal villages located north and east of the Bering 
Strait.’’. 
SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST 
ALLOCATION. 
(a) REALLOCATION.—Notwithstanding any other 
provision of law, each year upon receipt by the Secretary 
of Commerce (referred to in this section as the ‘‘Sec-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
retary’’) of written notice from the allocation holder 
named in section 803 of division B of the Consolidated 
Appropriations Act, 2004 (Public Law 108–199, 16 
U.S.C. 1851 note) that such holder will not harvest all 
or a part of the allocation authorized pursuant to that Act, 
the Secretary shall reallocate for that year the unused por-
tion of such allocation to the Bering Sea subarea of the 
BSAI (as defined in section 679.2 of title 50, Code of Fed-
eral Regulations) and shall assign the reallocated unused 
portion of the allocation only to eligible vessels as de-
scribed in subsection (b)(1) for harvest in the Bering Sea 
subarea of the BSAI, consistent with any agreements as 
described in subsection (c). 
(b) ELIGIBILITY TO RECEIVE REALLOCATION.— 
(1) IN GENERAL.—Only vessels defined in sub-
section (a), (b), (c), or (e) of section 208 of the 
American Fisheries Act (16 U.S.C. 1851 note), or 
any vessels authorized to replace such vessels, may 
receive a reallocation described in subsection (a). 
(2) LIMITATION
ON
REALLOCATIONS.—The 
Secretary shall not reallocate the allocation de-
scribed in subsection (a) in any year if such realloca-
tion exceeds the annual catch limit for pollock in the 
Bering Sea subarea of the BSAI. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
(3) CALCULATIONS.—Any amount of the re-
allocation described in subsection (a) shall not be 
used in the calculation of harvesting or processing 
excessive shares as described in section 210(e) of the 
American Fisheries Act (16 U.S.C. 1851 note). 
(4) CONDITIONS.—In any year, the assignment, 
transfer, or reallocation shall not violate the require-
ments of section 206(b) of the American Fisheries 
Act (title II of the division C of Public Law 105– 
277; 16 U.S.C. 1851 note). 
(c) AGREEMENTS.— 
(1) IN
GENERAL.—Each year, the allocation 
holder named in section 803(a) of division B of the 
Consolidated Appropriations Act, 2004 (Public Law 
108–199, 16 U.S.C. 1851 note) may establish one or 
more agreements with the owners of some or all of 
the eligible vessels as defined in subsection (b)(1). 
(2) 
REQUIREMENTS.—Each 
agreement 
de-
scribed in paragraph (1)— 
(A) shall specify those eligible vessels that 
may receive a reallocation and the amount of 
reallocation that such vessels may receive in ac-
cordance with subsection (b)(2); and 
(B) may contain other requirements or 
compensation agreed to by the allocation holder 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
named in section 803 of division B of the Con-
solidated Appropriations Act, 2004 (Public Law 
108–199, 16 U.S.C. 1851 note) and the owners 
of such eligible vessels, provided such require-
ments or compensation are otherwise consistent 
with the American Fisheries Act (16 U.S.C. 
1851 note), the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1801 et seq.), and any other applicable law. 
(d) EXISTING AUTHORITY.—Except for the measures 
required by this section, nothing in this section shall be 
construed to limit the authority of the North Pacific Fish-
ery Management Council or the Secretary under the 
American Fisheries Act (16 U.S.C. 1851 note), the Mag-
nuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), or other applicable law. 
(e) ENFORCEMENT.—Taking or processing any part 
of the allocation made by section 803 of division B of the 
Consolidated Appropriations Act, 2004 (Public Law 108– 
199, 16 U.S.C. 1851 note), and reallocated under this sec-
tion in a manner that is not consistent with the realloca-
tion authorized by the Secretary shall be considered in vio-
lation of section 307 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) and 
subject to the penalties and sanctions under section 308 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
of such Act (16 U.S.C. 1858), and subject to the forfeiture 
of any fish harvested or processed. 
(f) CLARIFICATIONS.— 
(1) AMENDMENT.—Subsection (c) of section 
803 of division B of the Consolidated Appropriations 
Act, 2004 (Public Law 108–199, 16 U.S.C. 1851 
note) is amended by striking ‘‘during the years 2004 
through 2008’’. 
(2) PURPOSE
OF
REALLOCATION.—Consistent 
with subsection (d) of section 803 of division B of 
the Consolidated Appropriations Act, 2004 (Public 
Law 108–199, 16 U.S.C. 1851 note), the realloca-
tion of the unused portion of the allocation provided 
to the allocation holder named in subsection (a) of 
such section for harvest in the Bering Sea subarea 
of the BSAI is for the purposes of economic develop-
ment in Adak, Alaska pursuant to the requirements 
of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). 
SEC. 407. COMMUNITY DEVELOPMENT QUOTA PROGRAM 
PANEL VOTING PROCEDURES. 
Section 
305(i)(1)(G)(iv) 
(16 
U.S.C. 
1855(i)(1)(G)(iv)) is amended to read as follows: 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(iv) VOTING
REQUIREMENT.—The 
panel may act only by the affirmative vote 
of at least five of its members.’’. 
SEC. 408. PROHIBITION ON SHARK FEEDING OFF COAST OF 
FLORIDA. 
Section 307 (16 U.S.C. 1857) is amended— 
(1) by striking ‘‘It is unlawful—’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—It is unlawful—’’; and 
(2) by adding at the end the following: 
‘‘(b) PROHIBITION ON SHARK FEEDING OFF COAST 
OF FLORIDA.— 
‘‘(1) IN GENERAL.—It is unlawful— 
‘‘(A) for any diver to engage in shark feed-
ing in covered waters; and 
‘‘(B) for any person to operate a vessel for 
hire for the purpose of carrying a passenger to 
a site if such person knew or should have 
known that the passenger intended, at that site, 
to be a diver— 
‘‘(i) engaged in shark feeding in cov-
ered waters; or 
‘‘(ii) engaged in observing shark feed-
ing in covered waters. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(2) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) COVERED WATERS.—The term ‘cov-
ered waters’ means Federal waters off the coast 
of Florida. 
‘‘(B) DIVER.—The term ‘diver’ means a 
person who is wholly or partially submerged in 
covered water and is equipped with a face 
mask, face mask and snorkel, or underwater 
breathing apparatus. 
‘‘(C) SHARK FEEDING.—The term ‘shark 
feeding’ means— 
‘‘(i) the introduction of food or any 
other substance into covered water for the 
purpose of feeding or attracting sharks; or 
‘‘(ii) presenting food or any other sub-
stance to a shark for the purpose of feed-
ing or attracting sharks. 
‘‘(3) EXCEPTION.—This subsection shall not 
apply to shark feeding conducted— 
‘‘(A) by a research institution, university, 
or government agency for research purposes; or 
‘‘(B) 
for 
the 
purpose 
of 
harvesting 
sharks.’’. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
SEC. 409. RESTORATION OF HISTORICALLY FRESHWATER 
ENVIRONMENT. 
Section 3(10) (16 U.S.C. 1802) is amended— 
(1) by inserting a comma after ‘‘feeding’’; and 
(2) by inserting the following: ‘‘except that such 
term— 
‘‘(A) does not include an area that— 
‘‘(i) was previously covered by land or 
a fresh water environment; and 
‘‘(ii) is in a State where the average 
annual land loss of such State during the 
20 years before the date of the enactment 
of the Strengthening Fishing Communities 
and Increasing Flexibility in Fisheries 
Management Act exceeds 10 square miles; 
and 
‘‘(B) does not apply with respect to a 
project undertaken by a State or local govern-
ment with the purpose of restoration or protec-
tion of an area described in subparagraph 
(A).’’. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
TITLE V—MISCELLANEOUS 
PROVISIONS 
SEC. 501. MITIGATION FOR IMPACTS TO SUBMERGED 
AQUATIC VEGETATION. 
Requirements to conserve or to provide compensatory 
mitigation for impacts to submerged aquatic vegetation 
under section 305(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(b)) 
shall not apply when a non-Federal entity conducts main-
tenance dredging for an authorized Federal navigation 
project on an inland waterway, inlet, or harbor located in 
North Carolina, South Carolina, Georgia, or Florida pur-
suant to a permit issued under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) or section 
10 of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 
1151, chapter 425). 
SEC. 502. PLAN FOR ELECTRONIC MONITORING AND RE-
PORTING PROCEDURES FOR THE NORTH-
EAST MULTISPECIES FISHERY. 
The Secretary, acting through the National Oceanic 
and Atmospheric Administration, shall submit a plan to 
the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate not less than 180 days 
after the date of the enactment of this Act that will estab-
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
lish fully operational electronic monitoring and reporting 
procedures for the Northeast Multispecies Fishery by not 
later than September 30, 2021. The plan shall include the 
proposal of the National Oceanic and Atmospheric Admin-
istration to cover vessel equipment and installation costs, 
with daily, half-day, or quarter-day operational costs to 
be borne by the fishing vessels. 
SEC. 503. STUDY OF FEES CHARGED TO LOBSTER FISHING 
INDUSTRY. 
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Commerce, acting 
through the National Oceanic and Atmospheric Adminis-
tration, shall study and report to the Congress on all fees 
imposed by such Administration on the lobster fishing in-
dustry. 
SEC. 504. LIMITATION ON APPLICATION OF PROHIBITION 
ON ATLANTIC STRIPED BASS FISHING IN 
BLOCK ISLAND SOUND TRANSIT ZONE. 
Any prohibition on fishing for Atlantic striped bass 
in the Exclusive Economic Zone of the United States im-
posed under Executive Order No. 13449 or section 
697.7(b) of title 50, Code of Federal Regulations, shall 
not apply in the area described in section 697.7(b)(3) of 
title 50, Code of Federal Regulations, commonly referred 
to as the Block Island Sound transit zone. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
SEC. 505. FUNDING FOR MONITORING IMPLEMENTATION 
OF 
NORTHEAST 
MULTISPECIES 
FISHERY 
MANAGEMENT PLAN. 
Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended 
by striking ‘‘pursuant to this section’’ and all that follows 
through the end of the sentence and inserting ‘‘to enforce 
and monitor (including electronic monitoring) implementa-
tion of that Plan.’’. 
TITLE VI—REEF ASSASSIN ACT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Reef Assassin Act’’. 
SEC. 602. ENCOURAGING ELIMINATION OF LIONFISH. 
(a) IN GENERAL.—Title III of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1851 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH. 
‘‘(a) IN GENERAL.—Subject to the approval of an ex-
empted fishing permit submitted by a participating State, 
the Secretary shall issue regulations under which a partici-
pating State may issue to an individual submitting lionfish 
taken in Federal or State waters a tag authorizing the 
taking of a fish of a covered species in Federal waters 
in addition to any other fish of that species the individual 
is authorized to take in Federal waters. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(b) REQUIREMENTS FOR ISSUANCE OF TAG.—The 
regulations shall require— 
‘‘(1) the submission of 100 lionfish for each tag 
issued; 
‘‘(2) that lionfish taken in State waters must be 
taken by an individual holding a valid license to en-
gage in such fishing issued under the laws of such 
State; and 
‘‘(3) that each lionfish shall be submitted by re-
moving the tail, placing it in a resealable plastic bag, 
and submitting such bag to a participating State be-
fore the tail has significantly deteriorated. 
‘‘(c) NO LIMITATION ON NUMBER OF TAGS.—The 
regulations shall not limit the number of tags that may 
be issued to an individual. 
‘‘(d) USE OF TAGS.—The regulations shall provide 
that a tag issued under the regulations— 
‘‘(1) shall be valid for the 5-year period begin-
ning on the date it is issued; 
‘‘(2) shall authorize only the recreational or 
commercial taking of a fish that complies with any 
size limit that otherwise applies to fishing for such 
fish in the waters in which it is taken; 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(3) shall authorize such taking without regard 
to any seasonal limitation that otherwise applies to 
the species of fish taken; 
‘‘(4) shall authorize— 
‘‘(A) the transfer of tags to any other per-
son; and 
‘‘(B) use of transferred tags in the same 
manner as such tags may be used by the person 
to whom the tags were issued; 
‘‘(5) shall require that any fish taken under 
such tag outside any seasonal limitation that other-
wise applies to such fish must have the tag fastened 
between the mouth and gill before being placed in 
any cooler; and 
‘‘(6) shall only be utilized for species caught in 
the same water adjacent a State where the lionfish 
were originally caught. 
‘‘(e) APPROVAL OF STATE TO PARTICIPATE.— 
‘‘(1) CONDITIONS.—The regulations shall re-
quire that as a condition of approving a State to 
issue tags under this section the Secretary shall re-
quire the State to designate a repository for lionfish 
submitted for such tags. 
‘‘(2) PROVISION OF FREEZER.—The Secretary 
shall provide to each participating State freezers in 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
which to store submitted lionfish, at a cost of not 
more than $500 for each freezer. 
‘‘(f) ADDITIONAL REQUIREMENTS.—The Secretary 
shall— 
‘‘(1) encourage participating States to use ex-
isting infrastructure and staff or volunteers to con-
duct the State’s program under this section; 
‘‘(2) include on the webpage of the National 
Marine Fisheries Service information about the pro-
gram under this section; and 
‘‘(3) encourage State and local governments to 
work with retailers and distributors to advance the 
purchasing and consumption of lionfish. 
‘‘(g) OTHER PROVISIONS NOT AFFECTED.— 
‘‘(1) IN GENERAL.—This section— 
‘‘(A) is intended to protect species of fish 
that are native to waters of the United States 
or the exclusive economic zone; and 
‘‘(B) shall not be construed to constrain 
any fishery, fishing quota, or fishing allocation. 
‘‘(2) 
LIMITATION
ON
CONSIDERATION
OF 
TAGS.—This section and tags issued or authorized to 
be issued under this section shall not be considered 
in any determination of fishing levels, quotas, or al-
locations. 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
‘‘(h) DEFINITION.—In this section— 
‘‘(1) the term ‘covered fish’— 
‘‘(A) except as provided in subparagraph 
(B), 
means 
red 
snapper, 
gag 
grouper, 
triggerfish, amberjack; and 
‘‘(B) does not include any species included 
in a list of endangered species or threatened 
species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); and 
‘‘(2) the term ‘participating State’ means a 
State that has applied and been approved by the 
Secretary to issue tags under regulations under this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of such Act is amended by adding at 
the end of the items relating to title III the following: 
‘‘Sec. 301. Encouraging elimination of lionfish.’’. 
(c) DEADLINE FOR REGULATIONS.—The Secretary of 
Commerce shall issue regulations under the amendment 
made by subsection (a) by not later than 60 days after 
the approval of an exempted fishing permit submitted by 
a participating State. 
(d) RESTRICTION.—Nothing in section 321 of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act, as amended by this Act, shall be construed as 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS
to allow for the transfer of fisheries allocation or catch 
among the various States. 
Æ 
VerDate Sep 11 2014 
01:50 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6301
E:\BILLS\H3697.IH
H3697
kjohnson on DSK79L0C42 with BILLS