Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014

Bill: 113-s-2991
Sponsor: full_name: Sen. Begich, Mark [D-AK]
Introduced: 2014-12-09
Policy area: Public Lands and Natural Resources
Subjects: Advisory bodies

Atlantic Ocean

Capital gains tax

Congressional oversight

Disaster relief and insurance

Economic performance and conditions

Fishes

Florida

Government studies and investigations

Gulf of Mexico

International organizations and cooperation

Legislative rules and procedure

Marine and coastal resources, fisheries

Marine and inland water transportation

Pacific Ocean

Research administration and funding
Latest action: action_date: 2014-12-09
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2014-12-09
action_desc: Introduced in Senate
text: <p>Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 - Reauthorizes and revises the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Anadromous Fish Conservation Act, the Interjurisdictional Fisheries Act of 1986, the Atlantic Coastal Fisheries Cooperative Management Act, the Atlantic Striped Bass Conservation Act, the Yukon River Salmon Act of 2000, the Atlantic Tunas Convention Act of 1975, and the High Seas Driftnet Fishing Moratorium Protection Act through FY2021. Reauthorizes the South Pacific Tuna Act of 1988. Reauthorizes the Northwest Atlantic Fisheries Convention Act of 1995 through FY2020.</p> <p> Extends permanently the authority of Washington, Oregon, and California to manage any Dungeness crab fishery that does not have a fishery management plan under the MSA and is in the exclusive economic zone adjacent to the state. </p> <p> Revises the MSA, including by: </p> <ul> <li>providing for the role of tribal governments in managing fish, </li> <li>adding subsistence fishing to the types of fishing managed under the Act, </li> <li>giving regional fishery management councils the authority to use alternative fishery management measures in a recreational fishery, </li> <li>providing for the management of depleted fisheries, </li> <li>increasing civil and criminal penalties, </li> <li>establishing a Fisheries Enforcement Fund, and </li> <li>revising requirements governing fishery management plans and regional fishery management councils. </li> </ul>

tv_txt: II 113th CONGRESS 2d Session S. 2991 IN THE SENATE OF THE UNITED STATES December 9, 2014 Mr. Begich introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to promote sustainable conservation and management for the Nation’s fisheries and the communities that rely on them, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. Sec. 3. Changes in findings, purposes, and policy. Sec. 4. Definitions. Sec. 5. Authorization of appropriations. TITLE I—Conservation and management Sec. 101. Regional fishery management councils. Sec. 102. Contents of fishery management plans. Sec. 103. Action by the Secretary. Sec. 104. Other requirements and authority. Sec. 105. Prohibited acts. Sec. 106. Penalties. Sec. 107. Enforcement. Sec. 108. Transition to sustainable fisheries. Sec. 109. North Pacific fisheries conservation. Sec. 110. Regional fishery conservation and management authorities. Sec. 111. Summer flounder management. Sec. 112. Study of allocations in mixed-use fisheries. TITLE II—Fishery information, research, and development Sec. 201. Integrated data collection program and electronic technologies. Sec. 202. Capital construction. Sec. 203. Fisheries research. Sec. 204. Improving science. Sec. 205. Focusing assets for improved fisheries outcomes. Sec. 206. Seafood marketing. TITLE III—Reauthorization of other fishery statutes Sec. 301. Anadromous Fish Conservation Act. Sec. 302. Interjurisdictional Fisheries Act of 1986. Sec. 303. Atlantic Coastal Fisheries Cooperative Management Act. Sec. 304. Atlantic Striped Bass Conservation Act. Sec. 305. Yukon River Salmon Act of 2000. Sec. 306. State authority for Dungeness crab fishery management. TITLE IV—International conservation and management Sec. 401. Secretarial representative for international fisheries. Sec. 402. Amendments to Pacific Salmon Treaty Act of 1985. Sec. 403. Reauthorization of Atlantic Tunas Convention Act of 1975. Sec. 404. Reauthorization of the South Pacific Tuna Act of 1988. Sec. 405. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act. Sec. 406. Reauthorization of Northwest Atlantic Fisheries Convention Act of 1995. TITLE V—Miscellaneous Sec. 501. Technical amendments. Sec. 502. Pacific insular areas; marine conservation plans. Sec. 503. Repeal of Gulf of Mexico red snapper catch limits. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Changes in findings, purposes, and policy (a) Findings Section 2(a) ( 16 U.S.C. 1801(a) ) is amended— (1) in paragraph (3) by striking at an ever-increasing rate over the past decade ; (2) in paragraph (6), by inserting and marine ecosystems after essential fish habitats ; (3) in paragraph (11), by striking have demonstrated and inserting are demonstrating ; (4) by redesignating paragraphs (7) through (12) as paragraphs (10) through (15), respectively; (5) by inserting before paragraph (10), as redesignated, the following: (8) By establishing mechanisms, under authority of this Act, for specifying science-based annual catch limits in fishery management plans at levels such that overfishing does not occur in fisheries, including measures to ensure accountability, the Nation’s fishery resources are now being managed sustainably to prevent overfishing and respond quickly if overfishing occurs. (9) It is of critical importance to the health of the Nation’s fishery resources and the coastal communities that depend on them that the United States maintain its progress in preventing overfishing and rebuilding overfished stocks. ; (6) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (7) by inserting after paragraph (3) the following: (4) Subsistence fishing is an integral part of life in many communities throughout the United States, and the Nation’s marine and anadromous fish are important sources of nutrition, sustenance, and the cultural heritage of those communities. . (b) Purposes Section 2(b) ( 16 U.S.C. 1801(b) ) is amended— (1) in paragraph (3), by striking and recreational and inserting , recreational, and subsistence ; (2) in paragraph (5), by striking the State and inserting the States, tribal governments, ; and (3) in paragraph (7), by striking the review of projects and inserting projects and activities . (c) Policy Section 2(c)(3) ( 16 U.S.C. 1801(c)(3) ) is amended— (1) by inserting , tribes, after affected States ; and (2) by inserting tribal, after State, . 4. Definitions (a) In general Section 3 ( 16 U.S.C. 1802 ) is amended— (1) by inserting after paragraph (8) the following: (8A) The terms depleted and depletion mean, with respect to a stock of fish in a fishery, that the stock is of a size that jeopardizes the capacity of the fishery to produce the maximum sustainable yield on a continuing basis. ; (2) in paragraph (33)(C), by inserting or otherwise depleted after overfished ; (3) in paragraph (36), by inserting , tribal, after State, ; (4) by inserting after paragraph (43) the following: (43A) 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 exchange or trade. In this paragraph, the term— (A) family means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and (B) 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. ; (5) by inserting after paragraph (44) the following: (44A) The terms tribal and tribe mean an Indian tribe as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). ; and (6) by striking (33) The term waters of a foreign nation means and inserting (51) The term waters of a foreign nation mean . (b) Redesignation Paragraphs (1) through (51) of section 3 ( 16 U.S.C. 1802 ), as amended by subsection (a) of this section, are redesignated as paragraphs (1) through (54), respectively. (c) Technical and conforming amendments (1) Title 10 Section 7306b(b) of title 10, United States Code, is amended by striking defined in section 3(14) and inserting defined in section 3 . (2) Whale Conservation and Protection Study Act Section 3 of the Whale Conservation and Protection Study Act ( 16 U.S.C. 917a ) is amended by striking including the fishery conservation zone as defined in section 3(8) and inserting including the exclusive economic zone as defined in section 3 . (3) Marine Mammal Protection Act of 1972 Section 114(o) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1383a(o) ) is amended— (A) in paragraph (1), by striking section 3(8) and inserting section 3 ; and (B) in paragraph (4), by striking section 3(27) and inserting section 3 . (4) Lacey Act Amendments of 1981 Section 8(b)(2) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3377(b)(2) ) is amended— (A) by striking as defined in paragraph (14) of section 3 and inserting as defined in section 3 ; and (B) by striking as defined in paragraph (13) of such section 3 and inserting as defined in such section 3 . (5) Atlantic Salmon Convention Act of 1982 Section 302 of the Atlantic Salmon Convention Act of 1982 ( 16 U.S.C. 3601 ) is amended— (A) in paragraph (6), by striking in section 3(10) and inserting in section 3 ; and (B) in paragraph (8), by striking in section 3(19) and inserting in section 3 . (6) Atlantic Striped Bass Conservation Act Section 3(6) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5152(6) ) is amended by striking in section 3(6) and inserting in section 3 . (7) Compact of Free Association Act of 1985 Section 104(f)(4)(B) of the Compact of Free Association Act of 1985 ( 48 U.S.C. 1904(f)(4)(B) ) is amended by striking have the same meanings as provided in paragraphs (10) and (14), respectively, of section 3 and inserting have the same meanings as provided in section 3 . 5. Authorization of appropriations (a) In general Section 4 ( 16 U.S.C. 1803 ) is amended to read as follows: 4. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the provisions of this Act— (1) $532,909,000 for fiscal year 2015; (2) $541,167,000 for fiscal year 2016; (3) $549,590,000 for fiscal year 2017; (4) $558,182,000 for fiscal year 2018; (5) $566,946,000 for fiscal year 2019; (6) $575,885,000 for fiscal year 2020; and (7) $584,810,202 for fiscal year 2021. . (b) Conforming amendment The table of contents is amended by inserting after the item relating to section 3 the following: Sec. 4. Authorization of appropriations. . I Conservation and management 101. Regional fishery management councils (a) Voting members Section 302(b)(2) ( 16 U.S.C. 1852(b)(2) ) is amended— (1) in subparagraph (A), by striking or the commercial or recreational harvest and inserting or the commercial, recreational, or subsistence fishing harvest ; (2) in subparagraph (B), by striking in the commercial and recreational fisheries and inserting in the commercial, recreational, and subsistence fisheries ; (3) in subparagraph (C), by striking commercial and recreational fishing interests and inserting commercial, recreational, and subsistence fishing interests ; and (4) in subparagraph (D)— (A) in clause (i)— (i) by striking Fisheries and inserting Fishery ; and (ii) by inserting or the South Atlantic Fishery Management Council after Council ; and (B) by striking clause (iv). (b) Addition of Rhode Island to the Mid-Atlantic Fishery Management Council Section 302(a)(1)(B) ( 16 U.S.C. 1852(a)(1)(B) ) is amended— (1) by inserting Rhode Island, after States of ; (2) by inserting Rhode Island, after except North Carolina, ; (3) by striking 21 and inserting 23 ; and (4) by striking 13 and inserting 14 . (c) Committees and advisory panels Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) ) is amended to read as follows: (B) Each scientific and statistical committee shall— (i) provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices; and (ii) carry out the requirements of this subparagraph in a transparent manner, allowing for public involvement in the process. . (d) Functions Section 302(h) ( 16 U.S.C. 1852(h) ) is amended— (1) in paragraph (7)(C), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) have the authority to use alternative fishery management measures in a recreational fishery (or the recreational component of a mixed-use fishery), including extraction rates, fishing mortality, and harvest control rules, to the extent they are in accordance with the requirements of this Act; and . (e) Webcasts of council meetings Section 302(i)(2) ( 16 U.S.C. 1852(i)(2) ) is amended by adding at the end the following: (G) Unless closed in accordance with paragraph (3), each Council shall, where practicable, make available on the Internet website of the Council a video or audio webcast of each meeting of the Council and each meeting of the scientific and statistical committee of the Council not later than 30 days after the date of the conclusion of such meeting. . (f) Regional Fishery Management Councils; procedural matters Section 302(i) ( 16 U.S.C. 1852(i) ) is amended— (1) in paragraph (4), by striking or State authorities and inserting , State, or tribal authorities ; and (2) in paragraph (6), by striking Federal agency or from a and inserting Federal agency, tribal government, or . (g) Council training program; training course Section 302(k)(1) ( 16 U.S.C. 1852(k)(1) ) is amended— (1) by striking Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the and inserting The ; (2) in subparagraph (H), by striking ; and and inserting a semicolon; (3) in subparagraph (I), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (J) ecosystem-based fishery management. . 102. Contents of fishery management plans (a) Required provisions Section 303 ( 16 U.S.C. 1853 ) is amended— (1) in subsection (a)— (A) in paragraph (5), by inserting , and subsistence after charter ; (B) in paragraph (13), by striking and charter fishing sectors each place it appears and inserting charter, and subsistence fishing components ; (C) in paragraph (14)— (i) by striking each sector and inserting each component in the fishery ; and (ii) by striking and charter fishing sectors in the fishery and; and inserting charter, and subsistence fishing components in the fishery; and ; and (D) in paragraph (15), by striking establish a mechanism and inserting subject to subsection (d), establish a mechanism ; and (2) by adding at the end the following: (d) Limitations (1) In general The requirements under subsection (a)(15) shall not— (A) apply to a species in a fishery that has a mean life cycle of 18 months or less, or to a species in a fishery with respect to which all spawning and recruitment occurs beyond State waters and the exclusive economic zone, unless the Secretary has determined the fishery is subject to overfishing of that species; and (B) limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of this Act. (2) Construction Nothing in this subsection shall be construed to affect any effective date regarding the requirements under subsection (a)(15) otherwise provided for under an international agreement in which the United States participates. . (b) Technical and conforming amendments (1) Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 Section 104 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1853 note) is amended by striking subsection (b) and inserting the following: (b) [Reserved]. . (2) Bycatch reduction incentives Section 313(g)(2) ( 16 U.S.C. 1862(g)(2) ) is amended by striking Notwithstanding section 303(d) and inserting Notwithstanding section 303A . (3) Gulf of Mexico red snapper research Section 407(b) ( 16 U.S.C. 1883(b) ) is amended by inserting as in effect on December 21, 2000, after In addition to the restrictions under section 303(d)(1)(A) . (4) Loans and guarantees; eligible purposes of obligations Section 53706(a)(7)(A) of title 46, United States Code, is amended by striking section 303(d)(4) and inserting section 303A . 103. Action by the Secretary (a) Updated agency procedures Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall issue a notice of proposed rulemaking to revise and update agency procedures under the mandate of section 304(i) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(i) ), as added by section 107 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (120 Stat. 3594). (b) Establishment of fees Section 304(d) ( 16 U.S.C. 1854(d) ) is amended— (1) in paragraph (2)(A)— (A) by striking actual costs directly related to and inserting net incremental costs attributable to ; (B) in clause (i), by striking ; and and inserting a semicolon; (C) in clause (ii), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (iii) management program that allocates a percentage of the total allowable catch to individuals who have formed a sector (for purposes of this subparagraph, as defined in section 648.2 of title 50, Code of Federal Regulations). ; and (2) by adding at the end the following: (3) The Secretary may not collect any fee under this section or section 313(a) before preparing an analysis that identifies the costs that will be recovered by the fee and the costs that will not be recovered by the fee. The analysis shall be included in the applicable fishery management plan. . (c) Rebuilding overfished and depleted fisheries Section 304(e) ( 16 U.S.C. 1854(e) ) is amended— (1) by amending the heading to read as follows: (e) Rebuilding overfished and otherwise depleted fisheries .— ; (2) by amending paragraph (1) to read as follows: (1) The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority and identify those fisheries that are overfished or otherwise depleted, or are approaching a condition of being overfished or otherwise depleted. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing (or depletion, where applicable) specified in the plan or agreement. A fishery shall be classified as approaching a condition of being overfished or otherwise depleted if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished or otherwise depleted within 2 years. ; (3) in paragraph (2), by inserting or otherwise depleted after overfished ; (4) in paragraph (3)(B), by inserting or otherwise depleted after overfished ; (5) by amending paragraph (4)(A) to read as follows: (A) specify a time period for rebuilding the fishery that— (i) shall be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and (ii) except where management measures under an international agreement with the United States participates dictate otherwise, shall not exceed— (I) 10 years, except in cases where the biology of the stock of fish or other environmental conditions dictate otherwise; or (II) the sum of the time in which the affected stock of fish is expected to rebuild to its maximum sustainable yield biomass level in the absence of any fishing mortality, and the mean generation of time of the affected stock of fish, if those time values are the best scientific information available; ; and (6) in paragraph (5), by striking that a fishery is overfished and inserting that a fishery is overfished or otherwise depleted . (d) International overfishing Section 304 ( 16 U.S.C. 1854 ) is amended— (1) by striking (i) International overfishing .— and inserting (j) International overfishing .— ; and (2) in subsection (j)(1), as redesignated by paragraph (1) of this subsection, by inserting shall after State, . (e) Annual report on special funds Section 304 ( 16 U.S.C. 1854 ), as amended by subsection (d) of this section, is further amended by adding at the end the following: (k) Annual report on special funds (1) Annual report Not later than 30 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report for that fiscal year on— (A) the Western Pacific Sustainable Fisheries Fund established under section 204(e)(7); (B) the Limited Access System Administration Fund established under section 305(h)(5)(B); (C) the North Pacific Fishery Observer Fund established under section 313(d); and (D) the Fisheries Conservation and Management Fund established under section 208(a) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1891b(a) ). (2) Required information The annual report required under paragraph (1) shall include a detailed accounting of— (A) all moneys in each fund at the start of the fiscal year; (B) all moneys deposited in each fund during the fiscal year; (C) all moneys paid out of each fund during the fiscal year; and (D) all projects, programs, and activities funded by each fund during the fiscal year. . 104. Other requirements and authority (a) Fish habitat Section 305(b) ( 16 U.S.C. 1855(b) ) is amended— (1) in paragraph (3), by inserting or tribal government after or State agency each place it appears; and (2) in paragraph (4)— (A) by striking from a Council or Federal or State agency and inserting from a Council, Federal or State agency, or tribal government ; and (B) by inserting or tribal government after by any State or Federal agency . (b) Judicial review Section 305(f)(2) ( 16 U.S.C. 1855(f)(2) ) is amended by striking including, actions that establish the date of closure of a fishery to commercial or recreational fishing and inserting including but not limited to actions that establish the date of closure of a fishery to commercial, recreational, or subsistence fishing . (c) Consumer information regarding sustainably caught fish Section 305 ( 16 U.S.C. 1855 ) is amended by adding at the end the following: (l) Sustainability standard (1) In general For the purpose of this Act, fish is sustainability caught if— (A) the fish is harvested in accordance with— (i) a fishery management plan prepared and approved under this Act; or (ii) equivalent conservation and management measures of a State or tribe, or under an international agreement to which the United States is a party, as determined by the Secretary; (B) the fishery from which the fish is harvested is not overfished or otherwise depleted; and (C) overfishing or other depletion is not occurring in the fishery from which the fish is harvested. (2) Rebuilding fisheries A fishery that is subject to a rebuilding plan under this Act, or equivalent conservation and management measures as determined by the Secretary, meets the criteria specified in subparagraphs (B) and (C) of paragraph (1) if the Secretary determines that the plan is effectively rebuilding the fishery. . 105. Prohibited acts Section 307(1) ( 16 U.S.C. 1857(1) ) is amended— (1) in subparagraph (Q), by striking ; or and inserting a semicolon; (2) by redesignating subparagraph (R) as subparagraph (S); and (3) by inserting after subparagraph (Q) the following: (R) to knowingly and willfully make or submit any incomplete, invalid, or false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the date or location where harvested) that has been or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce, except where such making or submission is prohibited under subparagraph (I); or . 106. Penalties (a) Civil penalties and permit sanctions Section 308 ( 16 U.S.C. 1858 ) is amended— (1) in subsection (a), by striking $100,000 and inserting $180,000 ; and (2) in subsection (f), by inserting or investigation of a violation of this Act after under this section . (b) Criminal penalties Section 309(b) ( 16 U.S.C. 1859(b) ) is amended— (1) by striking $100,000 and inserting $180,000 ; and (2) by striking $200,000 each place it appears and inserting $360,000 . 107. Enforcement (a) Jurisdiction of the courts (1) In general Section 311(d) ( 16 U.S.C. 1861(d) ) is amended to read as follows: (d) Jurisdiction of the courts (1) In general The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. Any such court may, at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. . (2) Construction Nothing in this section, or the amendments made by paragraph (1), shall be construed to affect any case or controversy commenced, or any case or controversy pending before a district court of the United States, prior to the date of enactment of this Act. (b) Payment of storage, care, and other costs Section 311(e) ( 16 U.S.C. 1861(e) ) is amended— (1) in paragraph (1)— (A) by striking “Notwithstanding any other provision of law” and inserting In general .—Except as otherwise required under section 204(e)(8) ; (B) in subparagraph (E), by striking ; and and inserting a semicolon; (C) in subparagraph (F), by striking the period at the end and inserting ; and ; and (D) by adding after subparagraph (F), the following: (G) the costs of stock assessments, surveys, and data collection in fisheries managed under this Act. ; (2) by redesignating paragraph (2) as paragraph (3); (3) in paragraph (3), as redesignated, by striking Any person and inserting Liability for costs incurred .—Any person ; and (4) by inserting after paragraph (1) the following: (2) Fisheries Enforcement Fund There is established in the Treasury a non-interest bearing fund to be known as the Fisheries Enforcement Fund, into which shall be deposited all sums received as described in paragraph (1), which shall remain available to the Secretary until expended as authorized in paragraph (1), without appropriation or fiscal year limitation. . (c) Administrative adjudication Section 311 ( 16 U.S.C. 1861 ) is amended— (1) by redesignating subsections (d) through (j) as subsections (e) through (k), respectively; and (2) by inserting after subsection (c) the following: (d) Administrative adjudication (1) In general Notwithstanding section 559 of title 5, United States Code, with respect to any marine resource conservation law or regulation administered by the Secretary acting through the National Oceanic and Atmospheric Administration, all adjudicatory functions that are required by chapter 5 of title 5, United States Code to be performed by an administrative law judge may be performed by another Federal agency on a reimbursable basis. (2) Details If another Federal agency performing adjudicatory functions under paragraph (1) requires the detail of an administrative law judge to perform any of these functions, such Federal agency may request temporary or occasional assistance from the Office of Personnel Management under section 3344 of title 5, United States Code. . (d) Repeals Sections 110 and 111 of title I of Division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 16 U.S.C. 1861 note), are repealed. (e) Annual report on special funds Section 304(k)(1), as added by section 103(e) of this Act, is amended— (1) in subparagraph (C), by striking ; and and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) the Fisheries Enforcement Fund established under section 311(e)(2). . (f) Conforming amendments (1) Civil forfeitures Section 310 ( 16 U.S.C. 1860 ) is amended— (A) in subsection (b), by striking section 311(d) and inserting section 311(e) ; and (B) in subsection (d), by striking section 311(d) each place it appears and inserting subsection 311(e) . (2) Enforcement; North Atlantic salmon fishing Section 308 of the Atlantic Salmon Convention Act of 1982 ( 16 U.S.C. 3607 ) is amended by striking and (d) each place it appears and inserting and (e) . 108. Transition to sustainable fisheries (a) Authorization of appropriations Section 312(a)(4) ( 16 U.S.C. 1861a(a)(4) ) is amended— (1) by inserting to carry out this subsection after necessary ; and (2) by striking 2007 through 2013 and inserting 2015 through 2021 . (b) Fisheries disaster relief Section 312(a) ( 16 U.S.C. 1861a(a) ) is amended— (1) in paragraph (1), by inserting , a tribe, after affected State ; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: (2) The Secretary shall make a decision regarding a request under paragraph (1) not later than 90 days after the date the Secretary receives a complete estimate of the economic impact of the fishery resource disaster from the affected State, tribal government, or fishing community. ; and (4) in paragraph (3), as redesignated— (A) by inserting tribe, or after by the affected State, ; (B) by inserting , tribe, after with the affected State ; and (C) by striking to assist a fishing community and inserting to assist a State, tribe, or fishing community . 109. North Pacific fisheries conservation (a) Electronic technologies Section 313 ( 16 U.S.C. 1862 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking jurisdiction except a salmon fishery which and inserting jurisdiction, except a salmon fishery, that ; (B) in paragraph (1), by striking that observers be stationed and inserting electronic technologies or observers ; and (C) by amending paragraph (2) to read as follows: (2) establishes a system of fees to pay for the cost of implementing the plan and any integrated data collection program, including electronic technology requirements, established by the Council. ; and (2) in subsection (b)— (A) in paragraph (1)(A), by inserting placing electronic technologies or before stationing observers on ; (B) in paragraph (2)(E), by inserting actual electronic technology costs or before actual observer costs ; and (C) by adding at the end the following: (3) Any system of fees established under this section may vary by fishery, management area, electronic technology, or observer coverage level. . (b) 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 its current Fishery Management Plan for Fish Resources of the Arctic Management Area, that makes available to commercial fishing and establishes a sustainable harvest level for any part of such zone, the North Pacific Fishery Management Council shall set aside not less than 10 percent of the total allowable catch therein as a community development quota for coastal villages north and east of the Bering Strait. . (c) North Pacific bycatch report Section 313 ( 16 U.S.C. 1862 ), as amended by subsection (b), is further amended by adding after subsection (k) the following: (l) North Pacific bycatch report Not later than 1 year after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 , the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives which examines agency actions since 2007 to reduce bycatch in fisheries of the North Pacific managed under this Act, including a review of regulatory actions that create incentives for individual vessels to avoid bycatch. . 110. Regional fishery conservation and management authorities (a) In general Title III ( 16 U.S.C. 1851 et seq. ) is amended— (1) in section 313 ( 16 U.S.C. 1862 ), by amending the section heading to read as follows: 313. North Pacific fishery conservation and management ; and (2) by inserting after section 313 the following: 313A. Gulf of Mexico fisheries conservation and management At least once every 5 years, the Gulf of Mexico Fishery Management Council shall review, in accordance with the provisions of this Act, any allocation of fishing privileges among the commercial, recreational, and charter components of a fishery managed under a fishery management plan prepared by the Gulf Council, except that the Gulf Council may delay action for not more than 3 additional 1-year periods if necessary. 313B. South Atlantic Fisheries conservation and management At least once every 5 years, the South Atlantic Fishery Management Council shall review, in accordance with the provisions of this Act, any allocation of fishing privileges among the commercial, recreational, and charter components of a fishery managed under a fishery management plan prepared by the South Atlantic Council, except that the South Atlantic Council may delay action for not more than 3 additional 1-year periods if necessary. . (b) Conforming amendments The table of contents is amended— (1) by amending the item relating to section 313 to read as follows: 313. North Pacific fishery conservation and management. ; and (2) by inserting after the item relating to section 313, the following: 313A. Gulf of Mexico fisheries conservation and management. 313B. South Atlantic fisheries conservation and management. . 111. Summer flounder management (a) In general Not later than 1 year after the date of the enactment of this Act, the Mid-Atlantic Fishery Management Council shall submit to the Secretary of Commerce, and the Secretary of Commerce may approve, a modified fishery management plan or plan amendment for the commercial and recreational management of summer flounder (Paralichthys dentatus) under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). The modified fishery management plan or plan amendment shall— (1) be based on the best scientific information available; (2) reflect changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) consider regional, coast-wide, or other management measures for summer flounder that comply with the National Standards under section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851(a) ); and (4) prohibit the allocation of commercial or recreational catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation with the Commission In preparing the modified fishery management plan or plan amendment as described in subsection (a), the Council shall consult with the Atlantic States Marine Fisheries Commission to ensure consistent management throughout the range of the fishery. (c) Failure To Submit Plan If the Council fails to submit a modified fishery management plan or plan amendment as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and approve such a modified plan or plan amendment. (d) Report Not later than 1 year after the date of the approval of a modified fishery management plan or plan amendment as described in subsection (a), the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the implementation of the modified plan or plan amendment that includes an assessment of whether the implementation complies with the national standards for fishery conservation and management under section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). 112. Study of allocations in mixed-use fisheries (a) Study Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Academy of Sciences to conduct a study— (1) to provide guidance 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, to a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 ) in the preparation of a fishery management plan under that Act; and (2) to identify sources of information that could reasonably support the use of such criteria in allocation decisions. (b) Report Not later than 1 year after the date the contract is entered into under subsection (a), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the study conducted under subsection (a). II Fishery information, research, and development 201. Integrated data collection program and electronic technologies (a) Sense of Congress It is the sense of Congress that the use of electronic technologies such as digital video cameras and monitors, digital recording systems, and other forms of electronic technology as a complement to, and in some cases a replacement for, observers can maintain, increase, or improve the amount and accuracy of observer and fishery dependent information collected from fisheries while reducing the need for observers and the financial costs and logistical difficulties associated with such observers and paper reporting requirements. (b) Integrated data collection program assessments (1) In general Not later than 2 years after the date of enactment of this Act, the Regional Fishery Management Councils, in consultation with the Secretary of Commerce, shall assess the fishery dependent data needs of the fisheries in the regions and, if necessary to meet those needs, develop recommendations for an integrated data collection program, including appropriate electronic technologies, to gather and analyze data required for fisheries management. (2) Elements of assessments Each assessment required by this subsection shall— (A) identify the fisheries with respect to which the incorporation of electronic technology, as a complement to or replacement for observers, and electronic reporting can decrease costs, improve efficiencies and data accuracy, or ease the logistic constraints posed by observers in the fisheries while continuing to meet the standards and requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ); (B) specify for each fishery identified which type or types of electronic technology can achieve such cost and efficiency improvements; and (C) outline the system, or systems, of fees required in subsection (c)(3) to support the integrated data collection program. (c) Regional integrated data collection program adoption plans (1) In general Not later than 1 year after receiving the results of the assessments required under subsection (b), the Secretary of Commerce, in consultation with the relevant Regional Fishery Management Council, shall review the relevant assessment for compliance with provisions of this section and shall develop a plan to adopt and implement, with any changes needed based on the compliance review, an integrated data collection program, including the use of electronic technologies, in each of the fisheries identified in the assessment. (2) Elements of plans Each plan developed under this subsection— (A) shall have fishery dependent data collection as its principal purpose; (B) shall include electronic technologies consistent with the assessment required by subsection (b) and the review required by paragraph (1); (C) shall include an estimate of anticipated improvements in cost effectiveness, accuracy of information, and management efficiency for each fishery in the plan; (D) shall include an explanation of why the most cost-effective approach is not being used, if applicable; (E) shall prioritize fishery management plans in each region, to guide development, adoption, and implementation of integrated data collection amendments to such plans; (F) shall set forth an implementation schedule, consistent with the implementation deadline specified in subsection (d), for the development, review, adoption, and implementation of integrated data collection program amendments to fishery management plans; and (G) may be reviewed or amended annually to address changing circumstances or improvements in technology. (3) Integrated data collection program fees The Secretary of Commerce shall establish a system, or systems, of fees, which may vary by fishery, management area, or observer coverage level, to pay for the cost of implementing each relevant integrated data collection program implemented under this subsection. (4) Council action Not later than 4 years after the date of enactment of this Act, each Regional Fishery Management Council shall amend its fishery management plans as necessary to comply with this subsection. (d) Deadline for implementation Not later than 5 years after the date of enactment of this Act, the Regional Fishery Management Councils and the Secretary of Commerce shall complete implementation of the plans developed under subsection (c), subject to available appropriations. (e) Reviews The relevant Regional Fishery Management Council shall determine a time period for regular review of the integrated data collection program. 202. Capital construction (a) Definitions; eligible and qualified fishery facilities Section 53501 of title 46, United States Code, is amended— (1) by striking (7) United states foreign trade .— and inserting (11) United States foreign trade .— ; (2) by striking (8) Vessel .— and inserting (12) Vessel .— ; (3) by redesignating paragraphs (5), (6), and (7) as paragraphs (8), (9), and (10), respectively; (4) by redesignating paragraphs (2), (3), and (4) as paragraphs (4), (5), and (6), respectively; (5) by redesignating paragraph (1) as paragraph (2); (6) by inserting before paragraph (2), as redesignated, the following: (1) Agreement fishery facility The term agreement fishery facility means an eligible fishery facility or a qualified fishery facility that is subject to an agreement under this chapter. ; (7) by inserting after paragraph (2), as redesignated, the following: (3) Eligible fishery facility (A) In general Subject to subparagraph (B), the term “eligible fishery facility” means— (i) for operations on land— (I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance described in subclause (I); and (III) equipment that is for use with the structure or appurtenance that is necessary to perform a function described in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or (iii) for aquaculture, including operations on land or elsewhere— (I) a structure or an appurtenance thereto designed for aquaculture; (II) the land necessary for the structure or appurtenance; (III) equipment that is for use with the structure or appurtenance and that is necessary to perform a function described in subclause (I); and (IV) a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, aquaculture. (B) Ownership requirement Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by— (i) an individual who is a citizen of the United States; or (ii) an entity that is— (I) a citizen of the United States under section 50501 of this title; and (II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title. ; and (8) by inserting after paragraph (6), as redesignated, the following: (7) Qualified fishery facility (A) In general Subject to subparagraph (B), the term qualified fishery facility means— (i) for operations on land— (I) a structure or an appurtenance thereto designed for unloading and receiving from a vessel, processing, holding pending processing, distribution after processing, or holding pending distribution, of fish from a fishery; (II) the land necessary for the structure or appurtenance; and (III) equipment that is for use with the structure or appurtenance and necessary to perform a function described in subclause (I); (ii) for operations not on land, a vessel built in the United States and used for, equipped to be used for, or of a type normally used for, processing fish; or (iii) for aquaculture, including operations on land or elsewhere— (I) a structure or an appurtenance thereto designed for aquaculture; (II) the land necessary for the structure or appurtenance; (III) equipment that is for use with the structure or appurtenance and necessary for performing a function described in subclause (I); and (IV) a vessel built in the United States. (B) Ownership requirement Under subparagraph (A), the structure, appurtenance, land, equipment, or vessel shall be owned by— (i) an individual who is a citizen of the United States; or (ii) an entity that is— (I) a citizen of the United States under section 50501 of this title; and (II) at least 75 percent owned by citizens of the United States, as determined under section 50501 of this title. . (b) Eligible fishery facilities (1) Definition of Secretary Section 53501(9)(A) of title 46, United States Code, as redesignated by subsection (a) of this section, is amended to read as follows: (A) the Secretary of Commerce with respect to— (i) an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; or (ii) an eligible fishery facility or a qualified fishery facility; and . (2) Establishing a capital construction fund Section 53503 of title 46, United States Code, is amended— (A) in subsection (a)— (i) by inserting or eligible fishery facility after eligible vessel ; and (ii) by inserting or fishery facility after the vessel ; and (B) in subsection (b)— (i) by striking The purpose of the agreement shall be and inserting The purpose of the agreement shall be— ; (ii) by designating the text that follows after The purpose of the agreement shall be— as paragraph (1) and indenting accordingly; (iii) in paragraph (1), as designated, by striking United States. and inserting United States; or ; and (iv) by adding after paragraph (1), as designated, the following: (2) to provide for the acquisition, construction, or reconstruction of a fishery facility owned by— (A) an individual who is a citizen of the United States; or (B) an entity that is— (i) a citizen of the United States under section 50501; and (ii) at least 75 percent owned by citizens of the United States, as determined under section 50501. . (c) Agreement fishery facilities (1) Deposits and withdrawals Section 53504(b) of title 46, United States Code, is amended by inserting or an agreement fishery facility after agreement vessel . (2) Ceiling on deposits Section 53505 of title 46, United States Code, is amended— (A) in subsection (a)— (i) in paragraphs (1) and (2) of subsection (a), by inserting or agreement fishery facilities after agreement vessels ; and (ii) in paragraph (3) by inserting or agreement fishery facility after agreement vessel each place it appears; and (B) in subsection (b)— (i) by inserting or agreement fishery facility after an agreement vessel ; and (ii) by inserting or fishery facility after the vessel . (d) Qualified fishery facilities (1) Qualified withdrawals Section 53509(a) of title 46, United States Code, is amended— (A) in paragraph (1), by striking qualified vessel; or and inserting qualified vessel, or the acquisition, construction, or reconstruction of a qualified fishery facility; or ; and (B) in paragraph (2), by striking qualified vessel. and inserting qualified vessel, or the acquisition, construction, or reconstruction, of a qualified fishery facility. . (2) Tax treatment of qualified withdrawals and basis of property Section 53510 of title 46, United States Code, is amended— (A) in subsections (b) and (c), by striking or container each place it appears and inserting container, or fishery facility ; and (B) in subsection (d), by striking and containers and inserting containers, and fishery facilities . (3) Tax treatment of nonqualified withdrawals Section 53511(e)(4) of title 46, United States Code, is amended by inserting or fishery facility after vessel . (e) Technical amendment Section 53501 of title 46, United States Code, as amended by subsection (a) of this section, is further amended in paragraph (8)(A)(iii), by striking trade trade and inserting trade . 203. Fisheries research (a) Stock assessment plan Section 404 ( 16 U.S.C. 1881c ) is amended by adding at the end the following: (e) Stock assessment plan (1) In general The Secretary, in consultation with the Councils, shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under subsection (b), a plan to conduct 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 conducted— (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 appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment— (I) at least once every 5 years, except a Council may delay action for not more than 3 additional 1-year periods; or (II) within such other time period specified and justified by the Secretary in the plan; (B) for each economically important stock of fish for which a stock assessment has not previously been conducted— (i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and (ii) subject to the availability of appropriations, require completion of the initial stock assessment not later than 3 years after the date that the plan is published in the Federal Register 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 available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether that data and analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions. (3) Waiver of stock assessment requirement Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph (2), a stock assessment shall not be required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies the determination in the Federal Register notice required by this subsection. . (b) Deadline Notwithstanding subsection (e)(1) of section 404 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881c(e)(1) ), as added by this section, the Secretary of Commerce shall issue the first stock assessment plan under that subsection not later than 1 year after the date of enactment of this Act. (c) Strategic plan Section 404(b)(5) ( 16 U.S.C. 1881c(b)(5) ) is amended by striking and affected States, and provide for coordination with the Councils, affected States, and other research entities and inserting , affected States, and tribal governments, and provide for coordination with the Councils, affected States, tribal governments, and other research entities . 204. Improving science (a) Improving data collection and analysis (1) In general Section 404 ( 16 U.S.C. 1881c ), as amended by section 203 of this Act, is further amended by adding at the end the following: (f) Improving data collection and analysis (1) In general The Secretary, in consultation with the scientific and statistical committees of the Councils established under section 302(g), shall develop and submit to the Committee on Commerce, 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 assessments, and surveys from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions. (2) Content The report under paragraph (1) shall— (A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used for purposes of this Act and the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes; (B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C); (C) consider the extent to which it is possible to establish a registry of persons providing such information; and (D) consider the extent to which the acceptance and use of data and analysis identified in the report in fishery management decisions is practicable. . (b) Deadline The Secretary of Commerce shall submit the report required under the amendment made by subsection (a) not later than 1 year after the date of enactment of this Act. (c) Information collection; contracting authority Section 402 ( 16 U.S.C. 1881a ) is amended— (1) in subsection (b)(1)(H), by striking including and all that follows through the end and inserting including the Coast Guard's 11 statutory missions under section 888(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 468(a) ). ; and (2) in subsection (d), by inserting tribal government, before Council each place it appears. 205. Focusing assets for improved fisheries outcomes (a) In general Section 2(b) of the Act of August 11, 1939 ( 15 U.S.C. 713c–3(b) ), is amended— (1) in paragraph (1)— (A) by striking beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957, ; (B) by striking moneys the first place that term appears and inserting monies ; and (C) by striking shall be maintained in a separate fund only for and all that follows through the end and inserting shall only be used for the purposes described under subsection (c). ; and (2) by striking paragraph (2). (b) Limitations on bills transferring funds Section 2(b) of the Act of August 11, 1939 ( 15 U.S.C. 713c–3(b) ), as amended by subsection (a) of this section, is further amended by adding at the end the following: (2) Limitations on bills transferring funds (A) In general It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that reduces any amount in the fund referred to in paragraph (1) in a manner that is inconsistent with such paragraph. (B) Limitation on changes to this paragraph It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise amend this paragraph. (C) Waiver A provision of this paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (D) Appeals An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on the point of order raised under this paragraph. (E) Rules of the Senate and the House of Representatives This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each house, respectively, but applicable only with respect to the procedure to be followed in the House in the case of a bill, resolution, amendment, or conference report under this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . 206. Seafood marketing (a) In general The Secretary of Commerce shall analyze the likely costs and benefits of establishing and administering a seafood marketing program to facilitate fuller realization of the commercial and economic value of U.S. fishery resources. (b) Scope In performing the analysis required by subsection (a), the Secretary shall consider— (1) the impacts of additional investment in seafood marketing for seafood harvesters, processors, growers, and other persons in the United States on— (A) domestic and international markets for U.S. seafood and the competitive position of the United States in those markets; (B) sustainable development and utilization of fishery resources of the United States resulting from promotion, public education, and changes in markets; (C) the ability of seafood harvesters, processors, growers and other persons in the United States to improve— (i) the safety, traceability, quality, marketability, and sustainability of U.S. seafood; and (ii) the coordination of their marketing activities; and (D) education of consumers regarding nutritional and health benefits of seafood; and (2) the feasibility of a seafood marketing program that— (A) is funded by— (i) industry fees; (ii) contributions, donations, or gifts by private or nonprofit organizations; (iii) sums received as fines, penalties, or forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) or any other marine resource law enforced by the Secretary of Commerce, including the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ); (iv) interest generated by the investment of amounts described in clauses (i) through (iii); or (v) any combination of the amounts described in clauses (i) through (iv); and (B) apportions funds annually, on a formula basis, to each State, territory, or possession of the United States that is represented on a Regional Fishery Management Council under section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1) ), to award grants through a competitive process to U.S. seafood growers, harvesters, processors, and other persons. (c) Deadline for submission Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall provide the analysis under this section, together with any recommendations the Secretary considers appropriate, in writing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives. III Reauthorization of other fishery statutes 301. Anadromous Fish Conservation Act Section 4 of the Anadromous Fish Conservation Act ( 16 U.S.C. 757d ) is amended by striking 2007 through 2012 and inserting 2015 through 2021 . 302. Interjurisdictional Fisheries Act of 1986 Section 308 of the Interjurisdictional Fisheries Act of 1986 ( 16 U.S.C. 4107 ) is amended— (1) in subsection (a), by striking $5,000,000 and all that follows through the end and inserting $5,000,000 for each of fiscal years 2015 through 2021. ; and (2) in subsection (c), by striking $900,000 for each of fiscal years 2007 through 2012 and inserting $1,000,000 for each of fiscal years 2015 through 2021 . 303. Atlantic Coastal Fisheries Cooperative Management Act Section 811(a) of the Atlantic Coastal Fisheries Cooperative Management Act ( 16 U.S.C. 5108(a) ) is amended— (1) by striking $10,000,000 and inserting $13,500,000 ; and (2) by striking 2001 through 2005 and inserting 2015 through 2021 . 304. Atlantic Striped Bass Conservation Act Section 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) ) is amended by striking 2007, 2008, 2009, 2010, 2011 and inserting 2015 through 2021 . 305. Yukon River Salmon Act of 2000 Section 208 of the Yukon River Salmon Act of 2000 ( 16 U.S.C. 5727 ) is amended by striking fiscal years 2007 through 2011 and inserting fiscal years 2015 through 2021 . 306. State authority for Dungeness crab fishery management Section 203 of Public Law 105–384 ( 16 U.S.C. 1856 note) is amended— (1) by striking subsection (i); and (2) by redesignating subsection (j) as subsection (i). IV International conservation and management 401. Secretarial representative for international fisheries (a) In general Title II ( 16 U.S.C. 1821 et seq. ) is amended by inserting after section 202 the following: 202A. Secretarial representative for international fisheries (a) In general The Secretary, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall designate a senior official who is appointed by the President, by and with the advice and consent of the Senate, to serve as the Secretarial Representative for International Fisheries for the purpose of performing the duties of the Secretary with respect to international agreements involving fisheries and other living marine resources, including the development of policy and representation of the United States as a Commissioner under such international agreements. (b) Advice The Secretarial Representative for International Fisheries shall, in consultation with the Deputy Assistant Secretary for International Affairs and the Administrator of the National Marine Fisheries Service, advise the Secretary, Undersecretary of Commerce for Oceans and Atmosphere, and other senior officials of the Department of Commerce and the National Oceanic and Atmospheric Administration on development of policy on international fishery conservation and management matters. (c) Consultation The Secretarial Representative for International Fisheries shall consult with the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives on matters pertaining to any regional or international negotiation concerning living marine resources. . (b) Repeal Section 408 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891d) and the item relating to that section in the table of contents for that Act are repealed. (c) Conforming amendment The table of contents is amended by inserting after the item relating to section 202 the following: Sec. 202A. Secretarial Representative for International Fisheries. . 402. Amendments to Pacific Salmon Treaty Act of 1985 Section 11 of the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3640 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following: (c) Compensation of committee on scientific cooperation members Members of the Committee on Scientific Cooperation who are not State or Federal employees shall receive compensation at a rate equivalent to the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, when engaged in actual performance of duties for the Commission. ; and (3) in subsection (e), as redesignated, by striking 71 and inserting 171 . 403. Reauthorization of Atlantic Tunas Convention Act of 1975 Section 10 of the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971h ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking $5,770,000 for each of fiscal years 2007 and 2008 and inserting $6,500,000 for each of fiscal years 2015 and 2016 ; (B) in paragraph (2), by striking $6,058,000 for each of fiscal years 2009 and 2010 and inserting $6,500,000 for each of fiscal years 2017 and 2018 ; and (C) in paragraph (3), by striking $6,361,000 for each of fiscal years 2011 and 2013 and inserting $6,750,000 for each of fiscal years 2019, 2020, and 2021 ; and (2) in subsection (b)— (A) in paragraph (1), by striking $160,000 and inserting $180,000 ; and (B) in paragraph (2), by striking $7,500,000 and inserting $4,600,000 . 404. Reauthorization of the South Pacific Tuna Act of 1988 Section 20(a) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973r(a) ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 ; and (B) by striking Act including— and inserting Act. ; and (2) by striking paragraphs (1) and (2). 405. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act (a) Illegal, unreported, or unregulated fishing defined Section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(e) ) is amended— (1) in paragraph (2), by striking Within 3 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 and inserting Not later than 3 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 ; and (2) in paragraph (3)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking agreement. and inserting agreement; and ; and (C) by adding at the end the following: (D) to the extent possible— (i) fishing activities conducted by foreign vessels in waters under the jurisdiction of a nation without permission of that nation; and (ii) fishing activities conducted by foreign vessels in contravention of a nation’s laws, including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that nation’s laws. . (b) Authorization of appropriations; illegal, unreported, or unregulated fishing Section 609(f) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(f) ) is amended by striking 2007 through 2013 and inserting 2015 through 2021 . (c) Authorization of appropriations; equivalent conservation measures Section 610(f) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(f) ) is amended by striking 2007 through 2013 and inserting 2015 through 2021 . 406. Reauthorization of Northwest Atlantic Fisheries Convention Act of 1995 Section 211 of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5610 ) is amended by striking 2012 and inserting 2020 . V Miscellaneous 501. Technical amendments (a) Magnuson-Stevens Fishery Conservation and Management Act (1) South Pacific Tuna Treaty Section 202(e)(5) ( 16 U.S.C. 1822(e)(5) ) is amended by striking and it Annexes and inserting and its Annexes . (2) Regional Fishery Management Councils Section 302 ( 16 U.S.C. 1852 ) is amended— (A) in subsection (a)(1)(F) by striking Federally and inserting federally ; (B) in subsection (b)— (i) in paragraph (2)(C) by striking subsection (k) and inserting subsection (j) ; (ii) in paragraph (5)(A) by striking Federally and inserting federally ; and (iii) in paragraph (6) by striking paragraphs and inserting paragraph ; (C) in subsection (h)(5) by striking except as provided in section and inserting except as provided in ; and (D) in subsection (i)(3)(B) by striking subpararaph and inserting subparagraph . (3) Contents of fishery management plans Section 303 ( 16 U.S.C. 1853 ) is amended— (A) in subsection (a)(5)— (i) by striking recreational, and inserting recreational, and ; and (ii) by striking processors, and inserting processors; ; and (B) in subsection (b) by redesignating paragraph (14) as paragraph (13). (4) Limited access privilege programs Section 303A(c)(4)(A)(v) ( 16 U.S.C. 1853a(c)(4)(A)(v) ) is amended by striking is and inserting its . (5) Prohibited acts Section 307(1)(K) ( 16 U.S.C. 1857(1)(K) ) is amended by striking to to steal and inserting to steal . (6) Fishing capacity reduction program Section 312(b)(2)(A) ( 16 U.S.C. 1861a(b)(2)(A) ) is amended by striking federal or state and inserting Federal or State . (7) North Pacific fisheries conservation Section 313 ( 16 U.S.C. 1862 ) is amended— (A) in subsection (a)(2), by striking or system and inserting or systems ; and (B) in subsection (j)(9), by striking section 307(l) and inserting section 307(1) . (8) Activities under Northwest Atlantic Ocean Fisheries Reinvestment Program Section 314(a)(3) ( 16 U.S.C. 1863(a)(3) ) is amended by striking subsection (1) and inserting paragraph (1) . (9) Coordination on seabird interactions Section 316(c) ( 16 U.S.C. 1865(c) ) is amended by striking Interior and inserting the Interior . (10) Fishery information Section 401(c)(5) ( 16 U.S.C. 1881(c)(5) ) is amended by striking subsection and inserting section . (11) Regional ecosystem research Section 406(f)(1)(A) ( 16 U.S.C. 1882(f)(1)(A) ) is amended by striking federal, state and inserting Federal, State . (b) Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 Section 104 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1854 note) is amended by striking subsection (d). (c) High Seas Driftnet Fishing Moratorium Protection Act Section 610(a)(1)(A) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)(1)(A)) is amended by striking practices; and inserting practices— . (d) Anadromous Fish Conservation Act Section 2 of the Anadromous Fish Conservation Act ( 16 U.S.C. 757b ) is amended in paragraph (5) by striking Seretary and inserting Secretary . (e) Northern Pacific Halibut Act of 1982 The Northern Pacific Halibut Act of 1982 is amended— (1) in section 9(a) ( 16 U.S.C. 773g(a) ) by striking any and inserting an ; and (2) in section 12 ( 16 U.S.C. 773j )— (A) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and indenting accordingly; and (B) in paragraph (2), as redesignated, by striking section 262(b) and inserting section 262b . (f) Great Lakes Fishery Act of 1956 The Great Lakes Fishery Act of 1956 is amended— (1) in section 3(a)(1)(B) ( 16 U.S.C. 932(a)(1)(B) ) by inserting a after official of ; and (2) in section 8 ( 16 U.S.C. 937 ) by striking these provisions of title 28, U. S. C., and inserting those provisions of title 28, United States Code, . (g) South Pacific Tuna Act of 1988 Section 9(h) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973g(h) ) is amended— (1) in paragraph (3), by striking ( 16 U.S.C. 1374(h)(2) and 1416(a))— and inserting ( 16 U.S.C. 1374(h)(2) and 1416(a)); ; and (2) in the matter following paragraph (3), by striking treaty and inserting Treaty . (h) Antarctic Marine Living Resources Convention Act of 1984 Section 303(1) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2432(1) ) is amended by striking 60 degrees south; 50 degrees west and inserting 60 degrees south, 50 degrees west . (i) Pacific Salmon Treaty Act of 1985 Section 3 of the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3632 ) is amended— (1) in subsection (a), by striking States of Oregon, or Washington and inserting State of Oregon or Washington ; and (2) in subsection (h)(2), by inserting a period after under subsection (a) . (j) North Pacific Anadromous Stocks Act of 1992 The North Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5001 et seq. ) is amended— (1) in section 803(6) ( 16 U.S.C. 5002(6) ) by striking North Latitude and inserting north latitude ; and (2) in section 809(d)(1)(B) ( 16 U.S.C. 5008(d)(1)(B) ), by striking If any and inserting if any . (k) Northwest Atlantic Fisheries Convention Act of 1995 Section 210(5) of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5609(5) ) is amended by striking Article and inserting Articles . (l) Yukon River Salmon Act of 1995 The Yukon River Salmon Act of 1995 ( 16 U.S.C. 5701 et seq. ) is amended— (1) in section 704(c) ( 16 U.S.C. 5703(c) ), by striking subsections (b)(1) and (3) and inserting paragraph (1) or (3) of subsection (b) ; (2) in section 709(c) ( 16 U.S.C. 5708(c) ), by striking chapter 71 and inserting chapter 171 ; and (3) in section 710(2) ( 16 U.S.C. 5709(2) ), by striking section 262(b) and inserting section 262b . (m) Yukon River Salmon Act of 2000 Section 206(c) of the Yukon River Salmon Act of 2000 ( 16 U.S.C. 5725(c) ) is amended by striking chapter 71 and inserting chapter 171 . (n) Western and Central Pacific Fisheries Convention Implementation Act The Western and Central Pacific Fisheries Convention Implementation Act ( 16 U.S.C. 6901 et seq. ) is amended— (1) in section 502(8) ( 16 U.S.C. 6901(8) ), by striking Convention Area and inserting convention area ; (2) in section 503 ( 16 U.S.C. 6902 )— (A) in subsection (d)(1)(C), by striking fashion. and inserting fashion, ; and (B) by redesignating subsection (f) as subsection (e); (3) in section 507(a)(7) ( 16 U.S.C. 6906(a)(7) ), by striking chapter and inserting act ; and (4) in section 508 ( 16 U.S.C. 6907 )— (A) in subsection (a), by striking United States government and inserting United States Government ; and (B) in subsection (e)— (i) in the subsection heading, by striking Regulations — and inserting Regulations .— ; (ii) in paragraph (1)(B)(i), by striking that and inserting than ; and (iii) in paragraph (3), by striking pursuant and inserting under . (o) Pacific Whiting Act of 2006 Section 608(c)(4) of the Pacific Whiting Act of 2006 ( 16 U.S.C. 7007(c)(4) ) is amended by striking United State’s and inserting United States . 502. Pacific insular areas; marine conservation plans Section 204(e)(4)(A) ( 16 U.S.C. 1824(e)(4)(A) ) is amended— (1) in clause (i), by inserting , in consultation with the Western Pacific Council, after Secretary ; (2) in clause (iii), by striking coastal studies; and inserting coastal studies; and ; (3) by striking clause (iv); and (4) by redesignating clause (v) as clause (iv). 503. Repeal of Gulf of Mexico red snapper catch limits Section 407 ( 16 U.S.C. 1883 ) is amended by striking subsection (d).