I 
111TH CONGRESS 
2D SESSION 
H. R. 6316 
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to mitigate the economic impact of the transition to sustainable fisheries 
on fishing communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Mr. BOREN (for himself, Mr. MILLER of Florida, Mr. RYAN of Wisconsin, Mr. 
ROSS, Mr. WITTMAN, Mr. ALEXANDER, Mr. YOUNG of Alaska, Mr. 
BROWN of South Carolina, and Ms. BORDALLO) 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 mitigate the economic impact of 
the transition to sustainable fisheries on fishing commu-
nities, 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 ‘‘Fishery Conservation 
Transition Act’’. 
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SEC. 2. TRANSITION TO SUSTAINABLE FISHERIES. 
(a) IN GENERAL.—Within 180 days after the close 
of fishing year 2010 (within the meaning given that term 
in the Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1802 et seq.)), the Secretary of 
Commerce shall determine, with respect to each fishery 
for which a fishery management plan that meets the re-
quirements of section 303(a)(15) of that Act (16 U.S.C. 
1853(a)(15)) is in effect that contains a complete prohibi-
tion on the retention of stocks subject to overfishing with-
in the fishery for the entire fishing season, whether the 
prohibition is sufficient to prevent or end overfishing for 
the stocks, or stocks undergoing overfishing, to which it 
applies. 
(b) REMEDIAL ACTION.—If the Secretary determines 
that the prohibition contained in such a fishery manage-
ment plan is not sufficient to prevent or end overfishing 
for the stocks to which it applies, the Secretary may au-
thorize retention of fish that are not undergoing over-
fishing within that fishery, notwithstanding that discard 
mortality of stocks for which retention is prohibited may 
be inconsistent with provisions on ending or preventing 
overfishing, if, within 90 days after a determination by 
the Secretary under subsection (a), the Regional Fishery 
Management Council with jurisdiction over the fishery im-
plements— 
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(1) measures to minimize bycatch and bycatch 
mortality to the extent practicable; 
(2) an enhanced data collection requirement, 
such as an electronic logbook data collection system, 
for recreational, for-hire, and commercial fishers; 
(3) a program of on-board observers for char-
ter, for-hire, and commercial fishers that will mon-
itor and collect data on bycatch and bycatch mor-
tality in multispecies fisheries with prohibitions on 
retention on one or more species in the fisheries; and 
(4) in coordination with the Secretary, other 
measures to ensure accountability of the fishery, in-
cluding those that will substantially contribute to ad-
dressing data gaps in stock assessments. 
(c) ADDITIONAL REQUIREMENTS.—The Secretary 
shall take such action as may be necessary to ensure that, 
with respect to any stock subject to overfishing in a fishery 
to which a determination under subsection (b) applies— 
(1) a monitoring and research program to mon-
itor the recovery of the affected stocks of fish is im-
plemented for the fishery within 1 year after the 
date of enactment of this Act; 
(2) a stock assessment for the overfished spe-
cies within the affected stocks of fish is initiated, 
taking into account relevant life history of the stock, 
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within 6 months after the date on which the Sec-
retary makes such a determination; and 
(3) the Regional Fishery Management Council 
with jurisdiction over the affected fishery submits a 
report to Congress and the Secretary detailing a 
long-term plan for reducing discard mortality of the 
affected stocks of fish to which a determination 
under subsection (a) applies within 2 years after the 
date of enactment of this Act. 
(d) FURTHER ACTION REQUIRED.—If the Secretary 
determines that— 
(1) the Regional Fishery Management Council 
with jurisdiction over a fishery has complied with 
the requirements of subsections (b) and (c), and 
(2) the fishery management plan’s prohibition 
on the retention of stocks subject to overfishing con-
tinues to be insufficient to prevent or end over-
fishing for those stocks, 
the Secretary shall take such action as may be necessary 
to end overfishing for the stocks to which the prohibition 
applies before the end of fishing year 2015. 
SEC. 3. ECONOMIC ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Section 208 of the Magnuson-Ste-
vens Fishery Conservation and Management Reauthoriza-
tion Act of 2006 (16 U.S.C. 1891b) is amended— 
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(1) by striking ‘‘and’’ after the semicolon in 
subsection (b)(6); 
(2) by striking ‘‘materia.’’ in subsection (b)(7) 
and inserting ‘‘materia; and’’; 
(3) by adding at the end of subsection (b) the 
following: 
‘‘(8) the economic assistance program under 
subsection (f).’’; 
(4) by striking ‘‘and’’ after the semicolon in 
subsection (c)(2)(A); 
(5) 
by 
striking 
‘‘section.’’ 
in 
subsection 
(c)(2)(B) and inserting ‘‘section; and’’; 
(6) by adding at the end of subsection (c)(2) 
the following: 
‘‘(C) fees collected under permit programs 
for a fishery significantly affected by a prohibi-
tion on the retention of stocks to end or prevent 
overfishing.’’; and 
(7) by adding at the end thereof the following: 
‘‘(f) ECONOMIC ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an economic assistance program to assist rec-
reational and commercial fishery participants, fish-
ing industries, and fishing communities significantly 
affected by a prohibition on the retention of stocks 
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to end or prevent overfishing or rebuild overfished 
stocks and use amounts in the Fund to provide such 
assistance. 
‘‘(2) CRITERIA FOR ASSISTANCE.—In the ad-
ministration of the program, the Secretary shall de-
velop criteria for prioritizing economic assistance re-
quests, including consideration of the conservation 
and management history of the fishery, the sustain-
ability of conservation and management approaches, 
the magnitude of the economic impact of the reten-
tion prohibition, and community and social impacts. 
‘‘(3) APPLICATION
PROCESS.—The Secretary 
shall develop an application process to determine eli-
gibility for economic assistance under the program 
and shall consult with States whose recreational and 
commercial fishery participants, fishing industries, 
or fishing communities have been affected by the 
prohibition. Any person or community seeking as-
sistance under the program shall submit an applica-
tion at such time, in such manner, and containing 
such information and assurances as the Secretary 
may require. 
‘‘(4) STATE MATCHING FUNDS.—The Federal 
share of assistance provided under the program to 
recreational and commercial fishery participants, 
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fishing industries, or fishing communities may not 
exceed 75 percent. Before granting assistance under 
the program, the Secretary shall consult with the 
State in which the recipient is located and request 
that the State provide matching funds. The Sec-
retary may waive, in whole or in part, the matching 
requirement under this paragraph.’’. 
SEC. 4. AUTHORITY TO ACT. 
(a) CLARIFICATION OF EMERGENCY AUTHORITY.— 
Section 305(c) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1855(c)) is 
amended by adding at the end the following: 
‘‘(4) For purposes of this section, an emergency is 
a situation that results from recent, unforeseen, or re-
cently discovered circumstances that present serious con-
servation or management problems in the fishery, includ-
ing ecological, economic, social, or public health interests. 
An emergency may include increasing or decreasing a 
catch limit, or modifying a time or area closure or reten-
tion prohibition in response to new science or stock assess-
ment information, but only if such action is needed to ad-
dress serious conservation or management problems in the 
fishery.’’. 
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SEC. 5. FISHERY STUDIES AND REPORTS. 
(a) 
STATUS
OF
FISHERY
REPORT.—Section 
304(e)(7) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1854(e)(7)) is amend-
ed— 
(1) by inserting ‘‘(A)’’ before ‘‘The Secretary’’; 
(2) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii); and 
(3) by adding at the end the following: 
‘‘(B) In the review, the Secretary shall consider— 
‘‘(i) a stock assessment conducted pursuant to 
subsection (c); 
‘‘(ii) an analysis of the local, regional, and na-
tional social and economic impacts on fishing com-
munities and industries directly and indirectly re-
lated to the fishery; and 
‘‘(iii) fishery management measures to enhance 
the sustainability of stocks of fish that are over-
fished, and an evaluation of alternative management 
approaches that may be implemented to enhance 
such sustainability. 
‘‘(C) Stock assessment updates for each stock of fish 
that is overfished or undergoing overfishing shall be con-
ducted at 2-year intervals, and a full stock assessment 
pursuant to subsection (c) shall be conducted no less fre-
quently than once every 5 years. 
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‘‘(D) The Secretary shall include a summary of re-
views conducted under subparagraph (A) in the report re-
quired by paragraph (1) of this subsection. To the extent 
possible, the Secretary shall include in the report rec-
ommendations for actions that could be taken to encour-
age the sustainable management of stocks of fish listed 
in the Fish Stocks Sustainability Index.’’. 
(b) ASSESSMENT OF CURRENT MANAGEMENT MEAS-
URES.— 
(1) IN GENERAL.—The Secretary of Commerce 
shall conduct a study, in cooperation with the Na-
tional Academy of Sciences, to determine if current 
fishery management measures for stocks in a multi-
species fishery yield the most productive use of ma-
rine resources while effectively conserving sustain-
able populations and a healthy marine ecosystem. 
The study shall include— 
(A) the identification of the statutory and 
regulatory impediments to achieving the max-
imum sustainable yield from the entire fishery; 
(B) the identification of fishery inde-
pendent environmental stressors on the fishery; 
(C) the economic value derived from the 
yield in the fishery; and 
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(D) alternative fishery management meas-
ures and technologies that would result in in-
creased economic and harvest yields consistent 
with sound conservation. 
(2) REPORT.—Within 180 days after the date 
of enactment of this Act, the Secretary shall trans-
mit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Rep-
resentatives Committee on Natural Resources con-
taining the Secretary’s findings, conclusions, and 
recommendations. 
Æ 
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