(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. 9. REPORT ON FEE. 
Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended 
by adding at the end the following: 
‘‘(D) The Secretary shall report annually on the 
amount collected under this paragraph from each 
fishery and detail how the funds were spent in the 
prior year on a fishery-by-fishery basis, to— 
‘‘(i) Congress; and 
‘‘(ii) each Council from whose fisheries the 
fee under this paragraph were collected.’’. 
SEC. 10. DATA COLLECTION AND DATA CONFIDENTIALITY. 
(a) ELECTRONIC MONITORING.— 
(1) ISSUANCE OF REGULATIONS.—
(A) REQUIREMENT.—The Secretary shall 
issue regulations governing the use of electronic 
monitoring for the purposes of monitoring fish-
eries that are subject to the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(B) CONTENT.—The regulations shall— 
(i) distinguish between monitoring for 
data collection and research purposes and 
monitoring for compliance and enforcement 
purposes; and 
(ii) include minimum criteria, objec-
tives, or performance standards for elec-
tronic monitoring. 
(C) PROCESS.—In issuing the regulations 
the Secretary shall— 
(i) consult with the Councils and fish-
ery management commissions; 
(ii) publish the proposed regulations; 
and 
(iii) provide an opportunity for the 
submission by the public of comments on 
the proposed regulations. 
(2) IMPLEMENTATION OF MONITORING.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), and after the issuance of the final 
regulations, a Council, or the Secretary for fish-
eries referred to in section 302(a)(3) of the 
Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(a)(3)), may, 
in accordance with the regulations, on a fishery- 
by-fishery basis and consistent with the existing 
objectives and management goals of a fishery 
management plan and the Act for a fishery 
issued by the Council or the Secretary, respec-
tively, amend such plan— 
(i) to incorporate electronic moni-
toring as an alternative tool for data col-
lection 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 elec-
tronic 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 regulations, a Council, or the Secretary for 
fisheries referred to in section 302(a)(3), may, sub-
ject to the requirements of the Magnuson-Stevens 
Fishery Conservation and Management Act, on a 
fishery-by-fishery basis, and consistent with the ex-
isting objectives and management goals of a fishery 
management plan for a fishery issued by the Council 
or the Secretary, respectively, conduct a pilot project 
for the use of electronic monitoring for the fishery. 
(4) DEADLINE.—The Secretary shall issue final 
regulations under this subsection by not later than 
12 months after the date of enactment of this Act. 
(b) 
VIDEO
AND
ACOUSTIC
SURVEY
TECH-
NOLOGIES.—The Secretary shall work with the Regional 
Fishery Management Councils and nongovernmental enti-
ties to develop and implement the use pursuant to the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.) of video survey tech-
nologies and expanded use of acoustic survey technologies. 
(c) CONFIDENTIALITY OF INFORMATION.— 
(1) IN GENERAL.—Section 402(b) (16 U.S.C. 
1881a(b)) is amended— 
(A) in paragraph (1)—
(i) by amending subparagraph (B) to 
read as follows: 
‘‘(B) to State or Marine Fisheries Commis-
sion employees as necessary for achievement of 
the purposes of this Act, subject to a confiden-
tiality agreement between the State or Commis-
sion, respectively, and the Secretary that pro-
hibits public disclosure of the identity of any 
person and of confidential information;’’; 
(ii) in subparagraph (E), by striking 
‘‘limited access’’ and inserting ‘‘catch 
share’’; and 
(iii) in subparagraph (G), by striking 
‘‘limited access’’ and inserting ‘‘catch 
share’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, and information 
obtained through a vessel monitoring sys-
tem or other technology used onboard a 
fishing vessel for enforcement or data col-
lection purposes,’’ after ‘‘information’’; 
(ii) by striking ‘‘or’’ after the semi-
colon at the end of subparagraph (B); and
(iii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) as authorized by any regulations 
issued under paragraph (6) allowing the collec-
tion of observer information, pursuant to a con-
fidentiality agreement between the observers, 
observer employers, and the Secretary prohib-
iting disclosure of the information by the ob-
servers or observer employers, in order— 
‘‘(i) to allow the sharing of observer 
information among observers and between 
observers and observer employers as nec-
essary to train and prepare observers for 
deployments on specific vessels; or 
‘‘(ii) to validate the accuracy of the 
observer information collected; or 
‘‘(D) to other persons if the Secretary has 
obtained written authorization from the person 
who submitted such information or from the 
person on whose vessel the information was col-
lected, to release such information for reasons 
not otherwise provided for in this subsection.’’; 
(C) by redesignating paragraph (3) as 
paragraph (6); and
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) Any information submitted to the Sec-
retary, a State fisheries management agency, or a 
Marine Fisheries Commission by any person in com-
pliance with the requirements of this Act, including 
confidential information, may only be used for pur-
poses of fisheries management and monitoring and 
enforcement under this Act. 
‘‘(4) The Secretary may enter into a memo-
randum of understanding with the heads of other 
Federal agencies for the sharing of confidential in-
formation to ensure safety of life at sea or for fish-
eries enforcement purposes, including information 
obtained through a vessel monitoring system or 
other electronic enforcement and monitoring sys-
tems, if— 
‘‘(A) the Secretary determines there is a 
compelling need to do so; and 
‘‘(B) the heads of the other Federal agen-
cies agree— 
‘‘(i) to maintain the confidentiality of 
the information in accordance with the re-
quirements that apply to the Secretary 
under this section; and
‘‘(ii) to use the information only for 
the purposes for which it was shared with 
the agencies. 
‘‘(5) The Secretary may not provide any vessel- 
specific or aggregate vessel information from a fish-
ery that is collected for monitoring and enforcement 
purposes to any person for the purposes of coastal 
and marine spatial planning under Executive Order 
No. 13547, unless the Secretary determines that 
providing such information is important for main-
taining or enhancing national security or for ensur-
ing fishermen continued access to fishing grounds.’’. 
(2) CONFIDENTIAL INFORMATION DEFINED.— 
Section 3 (16 U.S.C. 1802) is further amended by 
inserting after paragraph (4) the following: 
‘‘(4a) The term ‘confidential information’ 
means— 
‘‘(A) trade secrets; 
‘‘(B) proprietary information; 
‘‘(C) observer information; and 
‘‘(D) commercial or financial information 
the disclosure of which is likely to result in 
harm to the competitive position of the person 
that submitted the information to the Sec-
retary.’’.
(d) INCREASED DATA COLLECTION AND ACTIONS TO 
ADDRESS
DATA-POOR
FISHERIES.—Section 404 (16 
U.S.C. 1881c) is amended by adding at the end the fol-
lowing: 
‘‘(e) USE OF THE ASSET FORFEITURE FUND FOR 
FISHERY INDEPENDENT DATA COLLECTION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) The Secretary, subject to appropria-
tions, may obligate for data collection purposes 
in accordance with prioritizations under para-
graph (3) a portion of amounts received by the 
United States as fisheries enforcement pen-
alties. 
‘‘(B) Amounts may be obligated under this 
paragraph only in the fishery management re-
gion with respect to which they are collected. 
‘‘(2) INCLUDED PURPOSES.—The purposes re-
ferred to in paragraph (1) include— 
‘‘(A) the use of State personnel and re-
sources, including fishery survey vessels owned 
and maintained by States to survey or assess 
data-poor fisheries for which fishery manage-
ment plans are in effect under this Act; 
‘‘(B) cooperative research activities author-
ized under section 318 to improve or enhance
the fishery independent data used in fishery 
stock assessments; and 
‘‘(C) fishery research and independent 
stock assessments, conservation gear engineer-
ing, at-sea and shoreside monitoring, fishery 
impact statements, and other priorities estab-
lished by the Council as necessary to rebuild or 
maintain sustainable fisheries, ensure healthy 
ecosystems, and maintain fishing communities. 
‘‘(3) DATA-POOR FISHERIES PRIORITY LISTS.— 
Each Council shall— 
‘‘(A) identify those fisheries in its region 
considered to be data-poor fisheries; 
‘‘(B) prioritize those fisheries based on the 
need of each fishery for up-to-date information; 
and 
‘‘(C) provide those priorities to the Sec-
retary. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘data-poor fishery’ means a 
fishery— 
‘‘(i) that has not been surveyed in the 
preceding 5-year period;
‘‘(ii) for which a fishery stock assess-
ment has not been performed within the 
preceding 5-year period; or 
‘‘(iii) for which limited information on 
the status of the fishery is available for 
management purposes. 
‘‘(B) The term ‘fisheries enforcement pen-
alties’ means any fine or penalty imposed, or 
proceeds of any property seized, for a violation 
of this Act or of any other marine resource law 
enforced by the Secretary. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary for each fiscal year to carry out this sub-
section up to 80 percent of the fisheries enforcement 
penalties collected during the preceding fiscal year.’’. 
SEC. 11. 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 one year after the date of enactment of 
the Strengthening Fishing Communities and Increasing 
Flexibility in Fisheries Management Act, and after con-
SEC. 12. COUNCIL JURISDICTION FOR OVERLAPPING FISH-
ERIES. 
Section 302(a)(1) (16 U.S.C. 1852(a)) 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 
(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’’. 
SEC. 13. GULF OF MEXICO FISHERIES COOPERATIVE RE-
SEARCH AND RED SNAPPER MANAGEMENT. 
(a) REPEAL.—Section 407 (16 U.S.C. 1883), and the 
item relating to such section in the table of contents in 
the first section, are repealed.
(b) REPORTING
AND
DATA
COLLECTION
PRO-
GRAM.—The Secretary of Commerce shall— 
(1) in conjunction with the States, the Gulf of 
Mexico Fishery Management Council, and the rec-
reational fishing sectors, develop and implement a 
real-time reporting and data collection program for 
the Gulf of Mexico red snapper fishery using avail-
able technology; and 
(2) make implementation of this subsection a 
priority for funds received by the Secretary and allo-
cated to this region under section 2 of the Act of 
August 
11, 
1939 
(commonly 
known 
as 
the 
‘‘Saltonstall-Kennedy Act’’) (15 U.S.C. 713c–3). 
(c) FISHERIES
COOPERATIVE
RESEARCH
PRO-
GRAM.—The Secretary of Commerce— 
(1) shall, in conjunction with the States, the 
Gulf States Marine Fisheries Commission and the 
Atlantic States Marine Fisheries Commission, the 
Gulf of Mexico and South Atlantic Fishery Manage-
ment Councils, and the commercial, charter, and 
recreational fishing sectors, develop and implement a 
cooperative research program authorized under sec-
tion 318 for the fisheries of the Gulf of Mexico and 
South Atlantic regions, giving priority to those fish-
eries that are considered data-poor; and
(2) may, subject to the availability of appropria-
tions, use funds received by the Secretary under sec-
tion 2 of the Act of August 11, 1939 (commonly 
known as the ‘‘Saltonstall-Kennedy Act’’) (15 U.S.C. 
713c–3) to implement this subsection. 
(d) 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 Mag-
nuson-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 be-
ginning on the date of the enactment of this Act and 
for every 5-year period thereafter; 
(2) direct the Southeast Science Center Direc-
tor 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. 
(e) USE OF FISHERIES INFORMATION IN STOCK AS-
SESSMENTS.—The Southeast Science Center Director
shall ensure that fisheries information made available 
through fisheries programs funded under Public Law 
112–141 is incorporated as soon as possible into any fish-
eries stock assessments conducted after the date of the 
enactment of this Act. 
(f) STATE FISHERIES MANAGEMENT IN THE GULF 
OF MEXICO WITH RESPECT TO RED SNAPPER.—Section 
306(b) (16 U.S.C. 1856(b)) is amended by adding at the 
end the following: 
‘‘(4) Notwithstanding section 3(11), for the purposes 
of managing the recreational sector of the Gulf of Mexico 
red snapper fishery, the seaward boundary of a coastal 
State in the Gulf of Mexico is a line 9 miles seaward from 
the baseline from which the territorial sea of the United 
States is measured.’’. 
(g) FUNDING OF STOCK ASSESSMENTS.—The Sec-
retary of Commerce and the Secretary of the Interior, act-
ing through the Bureau of Ocean Energy Management, 
shall enter into a cooperative agreement for the funding 
of stock assessments that are necessitated by any action 
by the Bureau with respect to offshore oil rigs in the Gulf 
of Mexico that adversely impacts red snapper.
SEC. 14. 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. 15. ENSURING CONSISTENT MANAGEMENT FOR FISH-
ERIES THROUGHOUT THEIR RANGE. 
(a) IN GENERAL.—The Act is amended by inserting 
after section 4 the following: 
‘‘SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT 
UNDER CERTAIN OTHER FEDERAL LAWS. 
‘‘(a) NATIONAL MARINE SANCTUARIES ACT AND AN-
TIQUITIES ACT OF 1906.—In any case of a conflict be-
tween this Act and the National Marine Sanctuaries Act 
(16 U.S.C. 1431 et seq.) or the Antiquities Act of 1906 
(16 U.S.C. 431 et seq.), this Act shall control. 
‘‘(b) FISHERIES
RESTRICTIONS
UNDER
ENDAN-
GERED SPECIES ACT OF 1973.—To ensure transparency 
and consistent management of fisheries throughout their 
range, any restriction on the management of fish in the 
exclusive economic zone that is necessary to implement a 
recovery plan under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) shall be implemented— 
‘‘(1) using authority under this Act; and
‘‘(2) in accordance with processes and time 
schedules required under this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section is amended by inserting after the item 
relating to section 3 the following: 
‘‘Sec. 4. Authorization of appropriations. 
‘‘Sec. 5. Ensuring consistent fisheries management under certain other Federal 
laws.’’. 
SEC. 16. 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 Council. 
‘‘(B) MAXIMUM
PERCENTAGE.—The per-
centage established by the North Pacific Coun-
cil shall not exceed 24 percent of the pollock 
available to be harvested in the directed pollock 
fishery.’’.
SEC. 17. RECREATIONAL FISHING DATA. 
(a) RECREATIONAL
DATA
COLLECTION.—Section 
401(g) (16 U.S.C. 1881(g)) is amended by redesignating 
paragraph (4) as paragraph (5), and by inserting after 
paragraph (3) the following: 
‘‘(4) 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 States. 
‘‘(C) BIENNIAL
REPORT.—The Secretary 
shall submit to the Congress and publish bien-
nial reports that include— 
‘‘(i) the estimated accuracy of the reg-
istry program established under paragraph 
(1) and of State programs that are ex-
empted under paragraph (2); 
‘‘(ii) priorities for improving rec-
reational fishing data collection; and
‘‘(iii) an explanation of any use of in-
formation collected by such State programs 
and by the Secretary, including a descrip-
tion of any consideration given to the in-
formation by the Secretary. 
‘‘(D) STATES GRANT PROGRAM.—The Sec-
retary 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 ON RECREATIONAL FISHERIES DATA.— 
Section 401(g) (16 U.S.C. 1881(g)) is further amended 
by adding at the end the following: 
‘‘(6) STUDY ON PROGRAM IMPLEMENTATION.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the enactment of this paragraph, the 
Secretary shall enter into an agreement with 
the National Research Council of the National 
Academy of Sciences to study the implementa-
tion of the programs described in this section. 
The study shall— 
‘‘(i) provide an updated assessment of 
recreational survey methods established or
improved since the publication of the 
Council’s report ‘Review of Recreational 
Fisheries Survey Methods (2006)’; 
‘‘(ii) evaluate the extent to which the 
recommendations made in that report were 
implemented 
pursuant 
to 
paragraph 
(3)(B); and 
‘‘(iii) examine any limitations of the 
Marine Recreational Fishery Statistics 
Survey and the Marine Recreational Infor-
mation Program established under para-
graph (1). 
‘‘(B) REPORT.—Not later than 1 year 
after entering into an agreement under sub-
paragraph (A), the Secretary shall submit a re-
port to Congress on the results of the study 
under subparagraph (A).’’. 
SEC. 18. STOCK ASSESSMENTS USED FOR FISHERIES MAN-
AGED UNDER GULF OF MEXICO COUNCIL’S 
REEF FISH MANAGEMENT PLAN. 
(a) IN GENERAL.—Title IV (16 U.S.C. 1881 et seq.) 
is amended by adding at the end the following:
‘‘SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES 
MANAGED UNDER GULF OF MEXICO COUN-
CIL’S REEF FISH MANAGEMENT PLAN. 
‘‘(a) IN GENERAL.—The Gulf States Marine Fish-
eries Commission shall conduct all fishery stock assess-
ments used for management purposes by the Gulf of Mex-
ico Fishery Management Council for the fisheries man-
aged under the Council’s Reef Fish Management Plan. 
‘‘(b) USE OF OTHER INFORMATION AND ASSETS.— 
‘‘(1) IN GENERAL.—Such fishery assessments 
shall— 
‘‘(A) incorporate fisheries survey informa-
tion collected by university researchers; and 
‘‘(B) to the extent practicable, use State, 
university, and private assets to conduct fish-
eries surveys. 
‘‘(2) SURVEYS
AT
ARTIFICIAL
REEFS.—Any 
such fishery stock assessment conducted after the 
date of the enactment of the Strengthening Fishing 
Communities and Increasing Flexibility in Fisheries 
Management Act shall incorporate fishery surveys 
conducted, and other relevant fisheries information 
collected, on and around natural and artificial reefs. 
‘‘(c) CONSTITUENT AND STAKEHOLDER PARTICIPA-
TION.—Each such fishery assessment shall—
‘‘(1) emphasize constituent and stakeholder 
participation in the development of the assessment; 
‘‘(2) contain all of the raw data used in the as-
sessment and a description of the methods used to 
collect that data; and 
‘‘(3) employ an assessment process that is 
transparent and includes— 
‘‘(A) includes a rigorous and independent 
scientific review of the completed fishery stock 
assessment; and 
‘‘(B) a panel of independent experts to re-
view the data and assessment and make rec-
ommendations on the most appropriate values 
of critical population and management quan-
tities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section is amended by adding at the end of 
the items relating to title IV the following: 
‘‘Sec. 408. Deep sea coral research and technology program. 
‘‘Sec. 409. Stock assessments used for fisheries managed under Gulf of Mexico 
Council’s Reef Fish Management Plan.’’. 
SEC. 19. ESTIMATION OF COST OF RECOVERY FROM FISH-
ERY RESOURCE DISASTER. 
Section 312(a)(1) (16 U.S.C. 1861a(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. 20. 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 
days after receiving an estimate of the economic impact 
of the fishery resource disaster from the entity requesting 
the relief.’’. 
SEC. 21. PROHIBITION ON CONSIDERING RED SNAPPER 
KILLED DURING REMOVAL OF OIL RIGS. 
Any red snapper that are killed during the removal 
of any offshore oil rig in the Gulf of Mexico shall not be
considered in determining 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. 
SEC. 22. 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 determining under the Magnu-
son-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) the total allowable catch for that 
fishery. 
SEC. 23. SUBSISTENCE FISHING. 
(a) DEFINITION.—Section 3 (16 U.S.C. 1802) is 
amended by inserting after paragraph (43) the following: 
‘‘(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 
family consumption; and for customary 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) 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’’.
SEC. 24. INTER-SECTOR TRADING OF COMMERCIAL CATCH 
SHARE ALLOCATIONS IN THE GULF OF MEX-
ICO. 
Section 301 (16 U.S.C. 1851) is amended by adding 
at the end the following: 
‘‘(c) INTER-SECTOR
TRADING
OF
COMMERCIAL 
CATCH SHARE ALLOCATIONS IN THE GULF OF MEX-
ICO.—Notwithstanding any other provision of this Act, 
any commercial fishing catch share allocation in a fishery 
in the Gulf of Mexico may only be traded by sale or lease 
within the same commercial fishing sector.’’. 
SEC. 25. 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. 26. PREFERENCE FOR STUDENTS STUDYING WATER 
RESOURCE ISSUES. 
Section 402(e) (16 U.S.C. 1881a(e)) is amended by 
adding at the end the following: 
‘‘(4) The Secretary shall, to the extent practicable, 
when hiring individuals to collect information regarding 
marine recreational fishing under this subsection, give 
preference to students studying fisheries conservation and 
management, water resource issues, or other relevant sub-
jects at an institution of higher education in the United 
States.’’. 
SEC. 27. 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 the en-
actment of this Act, the Secretary of Commerce shall enter 
into an arrangement with the National Academy of 
Sciences to conduct a study of the South Atlantic and Gulf 
of Mexico mixed-use fisheries— 
(1) to provide guidance to the South Atlantic 
Fishery Management Council and Gulf of Mexico 
Fishery Management Council on criteria that could 
be used for allocating fishing privileges, including 
consideration of the conservation and socioeconomic 
benefits of the commercial, recreational, and charter
components of a fishery, in the preparation of a fish-
ery management plan under that Act; 
(2) to identify sources of information that could 
reasonably support the use of such criteria in alloca-
tion decisions; and 
(3) to develop procedures for allocation reviews 
and potential adjustments in allocations based on 
the guidelines and requirements established by this 
section. 
(b) PROCESS FOR ALLOCATION REVIEW AND ESTAB-
LISHMENT.—The South Atlantic Fishery Management 
Council and the Gulf of Mexico Fishery Management 
Council shall— 
(1) within 2 years after the date of the enact-
ment of this Act, review the allocations of all mixed- 
use fisheries in the Councils’ respective jurisdictions; 
(2) every 3 years thereafter, perform subse-
quent reviews of such allocations; and 
(3) consider the conservation and socioeconomic 
benefits of each sector in any allocation decisions for 
such fisheries. 
SEC. 28. REQUIREMENTS FOR LIMITED ACCESS PRIVI-
LEGES. 
Section 3303A(c)(1)(G) (16 U.S.C. 1853a(c)(1)(G)) 
is amended to read as follows:
‘‘(G) include provisions for a formal and 
detailed review 5 years after the implementation 
of the program, and thereafter the regular mon-
itoring and review by the Council and the Sec-
retary of the operations and impacts of the pro-
gram, to coincide with scheduled Council review 
of the relevant fishery management plan (but 
no less frequently than once every 7 years) in-
cluding— 
‘‘(i) determining progress in meeting 
the goals of the program and this Act; 
‘‘(ii) delineating the positive and nega-
tive economic effects of the program on 
fishermen and processors who are part of 
the program and the coastal communities 
in which they reside; and 
‘‘(iii) any necessary modification of 
the program to meet those goals, including 
a formal schedule for action to be taken 
within 2 years;’’. 
SEC. 29. HEALTHY FISHERIES THROUGH BETTER SCIENCE. 
(a) DEFINITION OF STOCK ASSESSMENT.—Section 3 
(16 U.S.C. 1802), as amended by section 23(a) of this 
Act, is further amended by redesignating the paragraphs