Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act - Revises and reauthorizes through FY2018 the Magnuson-Stevens Fishery Conservation and Management Act (MSA).
Revises requirements for fishery management plans for overfished fisheries.
Modifies annual catch limit requirements, including by authorizing Regional Fishery Management Councils to consider changes in an ecosystem and the economic needs of the fishing communities when establishing the limits.
Replaces the term “overfished” with “depleted” throughout the MSA to distinguish between fish that are depleted due to fishing and those that are depleted for other reasons.
Requires fishery management plans to include a fishery impact statement to assess, specify, and analyze the likely effects and impacts of the proposed action on the quality of the human environment.
Requires the Secretary of Commerce to issue regulations governing the use of electronic monitoring of fisheries. Authorizes the Secretary to obligate amounts received as fisheries enforcement penalties for collecting information on data-poor fisheries.
Requires the Secretary to publish within a year a plan for implementing the Cooperative Research and Management Program.
Extends the offshore jurisdiction of Louisiana, Mississippi, and Alabama from three miles to nine miles for the recreational management of red snapper.
Specifies the role of the MSA in relationship to certain environmental laws.
Revitalizing the Economy of Fisheries in the Pacific Act or the REFI Pacific Act - Directs the Secretary of Commerce to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4742 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4742
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide flexibility for fishery managers and stability for
fishermen, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2014
Mr. Hastings of Washington introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide flexibility for fishery managers and stability for
fishermen, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Fishing Communities
and Increasing Flexibility in Fisheries Management Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AMENDMENTS TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT
Sec. 101. Definitions.
Sec. 102. References.
Sec. 103. Flexibility in rebuilding fish stocks.
Sec. 104. Modifications to the annual catch limit requirement.
Sec. 105. Distinguishing between overfished and depleted.
Sec. 106. Transparency and public process.
Sec. 107. Limitation on future catch share programs.
Sec. 108. Report on fee.
Sec. 109. Data collection and data confidentiality.
Sec. 110. Cooperative research and management program.
Sec. 111. Council jurisdiction for overlapping fisheries.
Sec. 112. Gulf of Mexico fisheries cooperative research and red snapper
management.
Sec. 113. North Pacific fishery management clarification.
Sec. 114. Ensuring consistent management for fisheries throughout their
range.
Sec. 115. Limitation on harvest in North Pacific directed pollock
fishery.
Sec. 116. Authorization of appropriations.
TITLE II--REVITALIZING THE ECONOMY OF FISHERIES IN THE PACIFIC
Sec. 201. Short title.
Sec. 202. Findings; purpose.
Sec. 203. Refinancing of Pacific Coast groundfish fishing capacity
reduction loan.
TITLE I--AMENDMENTS TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT
SEC. 101. DEFINITIONS.
Any term used in this title that is defined in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) shall have the same meaning such term has under that section.
SEC. 102. REFERENCES.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a provision, the reference shall be considered to be made to
a provision of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
SEC. 103. FLEXIBILITY IN REBUILDING FISH STOCKS.
(a) General Requirements.--Section 304(e) (16 U.S.C. 1854(e)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)(i), by striking
``possible'' and inserting ``practicable'';
(B) by amending subparagraph (A)(ii) to read as
follows:
``(ii) may not exceed the time the stock
would be rebuilt without fishing occurring plus
one mean generation, except in a case in
which--
``(I) the biology of the stock of
fish, other environmental conditions,
or management measures under an
international agreement in which the
United States participates dictate
otherwise;
``(II) the Secretary determines
that the cause of the stock being
depleted is outside the jurisdiction of
the Council or the rebuilding program
cannot be effective only by limiting
fishing activities;
``(III) the Secretary determines
that one or more components of a mixed-
stock fishery is depleted but cannot be
rebuilt within that time- frame without
significant economic harm to the
fishery, or cannot be rebuilt without
causing another component of the mixed-
stock fishery to approach a depleted
status;
``(IV) the Secretary determines
that recruitment, distribution, or life
history of, or fishing activities for,
the stock are affected by informal
transboundary agreements under which
management activities outside the
exclusive economic zone by another
country may hinder conservation and
management efforts by United States
fishermen; and
``(V) the Secretary determines that
the stock has been affected by unusual
events that make rebuilding within the
specified time period improbable
without significant economic harm to
fishing communities;'';
(C) by striking ``and'' after the semicolon at the
end of subparagraph (B), by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and (D), and by
inserting after subparagraph (A) the following:
``(B) take into account environmental condition
including predator/prey relationships;''; and
(D) by striking the period at the end of
subparagraph (D) (as so redesignated) and inserting ``;
and'', and by adding at the end the following:
``(E) specify a schedule for reviewing the
rebuilding targets, evaluating environmental impacts on
rebuilding progress, and evaluating progress being made
toward reaching rebuilding targets.''; and
(2) by adding at the end the following:
``(8) A fishery management plan, plan amendment, or
proposed regulations may use alternative rebuilding strategies,
including harvest control rules and fishing mortality-rate
targets to the extent they are in compliance with the
requirements of this Act.
``(9) A Council may terminate the application of paragraph
(3) to a fishery if the Council's scientific and statistical
committee determines and the Secretary concurs that the
original determination that the fishery was depleted was
erroneous, either--
``(A) within the 2-year period beginning on the
effective date a fishery management plan, plan
amendment, or proposed regulation for a fishery under
this subsection takes effect; or
``(B) within 90 days after the completion of the
next stock assessment after such determination.''.
(b) Emergency Regulations and Interim Measures.--Section
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180
days after'' and all that follows through ``provided'' and inserting
``1 year after the date of publication, and may be extended by
publication in the Federal Register for one additional period of not
more than 1 year, if''.
SEC. 104. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.
Section 302 (16 U.S.C. 1852) is amended by adding at the end the
following:
``(m) Considerations for Modifications to Annual Catch Limit
Requirements.--
``(1) Consideration of ecosystem and economic impacts.--In
establishing annual catch limits a Council may, consistent with
section 302(h)(6), consider changes in an ecosystem and the
economic needs of the fishing communities.
``(2) Limitations to annual catch limit requirement for
special fisheries.--Notwithstanding subsection (h)(6), a
Council is not required to develop an annual catch limit for--
``(A) an ecosystem component species;
``(B) a fishery for a species that has a life cycle
of approximately 1 year, unless the Secretary has
determined the fishery is subject to overfishing; or
``(C) a stock for which--
``(i) more than half of a single-year class
will complete their life cycle in less than 18
months; and
``(ii) fishing mortality will have little
impact on the stock.
``(3) Relationship to international fishery efforts.--Each
annual catch limit may, consistent with section 302(h)(6), take
into account--
``(A) management measures under international
agreements in which the United States participates; and
``(B) informal transboundary agreements under which
fishery management activities by another country
outside the exclusive economic zone may hinder
conservation efforts by United States fishermen for a
fish species for which any of the recruitment,
distribution, life history, or fishing activities are
transboundary.
``(4) Authorization for multispecies complexes and
multiyear annual catch limits.--For purposes of subsection
(h)(6), a Council may establish--
``(A) an annual catch limit for a stock complex; or
``(B) annual catch limits for each year in any
continuous period that is not more than three years in
duration.
``(5) Ecosystem component species defined.--In this
subsection the term `ecosystem component species' means a stock
of fish that is a nontarget, incidentally harvested stock of
fish in a fishery, or a nontarget, incidentally harvested stock
of fish that a Council or the Secretary has determined--
``(A) is not subject to overfishing, approaching a
depleted condition or depleted; and
``(B) is not likely to become subject to
overfishing or depleted in the absence of conservation
and management measures.''.
SEC. 105. DISTINGUISHING BETWEEN OVERFISHED AND DEPLETED.
(a) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(1) in paragraph (34), by striking ``and `overfished'
mean'' and inserting ``means''; and
(2) by inserting after paragraph (8) the following:
``(8a) The term `depleted' means, with respect to a stock
of fish or stock complex, that the stock or stock complex has a
biomass that has declined below a level that jeopardizes the
capacity of the stock or stock complex to produce maximum
sustainable yield on a continuing basis.''.
(b) Substitution of Term.--The Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by
striking ``overfished'' each place it appears and inserting
``depleted''.
(c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C.
1854(e)(1)) is amended by adding at the end the following: ``The report
shall distinguish between fisheries that are depleted (or approaching
that condition) as a result of fishing and fisheries that are depleted
(or approaching that condition) as a result of factors other than
fishing. The report shall state, for each fishery identified as
depleted or approaching that condition, whether the fishery is the
target of directed fishing.''.
SEC. 106. TRANSPARENCY AND PUBLIC PROCESS.
(a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is
amended by adding at the end the following: ``Each scientific and
statistical committee shall develop such advice in a transparent manner
and allow for public involvement in the process.''.
(b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended
by adding at the end the following:
``(G) Each Council shall make available on the Internet Web
site of the Council--
``(i) to the extent practicable, a Webcast, an
audio recording, or a live broadcast of each meeting of
the Council, and of the Council Coordination Committee
established under subsection (l), that is not closed in
accordance with paragraph (3); and
``(ii) audio, video (if the meeting was in person
or by video conference), or a searchable audio or
written transcript of each meeting of the Council and
of the meetings of committees referred to in section
302(g)(1)(B) of the Council by not later than 30 days
after the conclusion of the meeting.
``(H) The Secretary shall maintain and make available to
the public an archive of Council and scientific and statistical
committee meeting audios, videos, and transcripts made
available under clauses (i) and (ii) subparagraph (G).''.
(c) Fishery Impact Statements.--
(1) Requirement.--Section 303 (16 U.S.C. 1853) is amended--
(A) in subsection (a), by striking paragraph (9)
and redesignating paragraphs (10) through (15) as
paragraphs (9) through (14), respectively; and
(B) by adding at the end the following:
``(d) Fishery Impact Statement.--
``(1) Any fishery management plan (or fishery management
plan amendment) prepared by any Council or by the Secretary
pursuant to subsection (a) or (b), or proposed regulations
deemed necessary pursuant to subsection (c), shall include a
fishery impact statement which shall assess, specify and
analyze the likely effects and impact of the proposed action on
the quality of the human environment.
``(2) The fishery impact statement shall describe--
``(A) a purpose of the proposed action;
``(B) the environmental impact of the proposed
action;
``(C) any adverse environmental effects which
cannot be avoided should the proposed action be
implemented;
``(D) a reasonable range of alternatives to the
proposed action;
``(E) the relationship between short-term use of
fishery resources and the enhancement of long-term
productivity;
``(F) the cumulative conservation and management
effects; and
``(G) economic, and social impacts of the proposed
action on--
``(i) participants in the fisheries and
fishing communities affected by the proposed
action;
``(ii) participants in the fisheries
conducted in adjacent areas under the authority
of another Council, after consultation with
such Council and representatives of those
participants; and
``(iii) the safety of human life at sea,
including whether and to what extent such
measures may affect the safety of participants
in the fishery.
``(3) A substantially complete fishery impact statement,
which may be in draft form, shall be available not less than 14
days before the beginning of the meeting at which a Council
makes its final decision on the proposal (for plans, plan
amendments, or proposed regulations prepared by a Council
pursuant to subsection (a) or (c)). Availability of this
fishery impact statement will be announced by the methods used
by the council to disseminate public information and the public
and relevant government agencies will be invited to comment on
the fishery impact statement.
``(4) The completed fishery impact statement shall
accompany the transmittal of a fishery management plan or plan
amendment as specified in section 304(a), as well as the
transmittal of proposed regulations as specified in section
304(b).
``(5) The Councils shall, subject to approval by the
Secretary, establish criteria to determine actions or classes
of action of minor significance regarding subparagraphs (A),
(B), (D), (E), and (F) of paragraph (2), for which preparation
of a fishery impact statement is unnecessary and categorically
excluded from the requirements of this section, and the
documentation required to establish the exclusion.
``(6) The Councils shall, subject to approval by the
Secretary, prepare procedures for compliance with this section
that provide for timely, clear, and concise analysis that is
useful to decisionmakers and the public, reduce extraneous
paperwork and effectively involve the public, including--
``(A) using Council meetings to determine the scope
of issues to be addressed and identifying significant
issues related to the proposed action;
``(B) integration of the fishery impact statement
development process with preliminary and final Council
decisionmaking in a manner that provides opportunity
for comment from the public and relevant government
agencies prior to these decision points; and
``(C) providing scientific, technical, and legal
advice at an early stage of the development of the
fishery impact statement to ensure timely transmittal
and Secretarial review of the proposed fishery
management plan, plan amendment, or regulations to the
Secretary.
``(7) Actions taken in accordance with the procedures of
this section shall constitute fulfillment of the requirements
the National Environmental Policy Improvement Act of 1970 (42
U.S.C. 4371 et seq.) and all related implementing
regulations.''.
(2) Evaluation of adequacy.--Section 304(a)(2) (16 U.S.C.
1854(a)(2)) is amended by striking ``and'' after the semicolon
at the end of subparagraph (B), striking the period at the end
of subparagraph (C) and inserting ``; and'', and by adding at
the end the following:
``(D) evaluate the adequacy of the accompanying
fishery impact statement as basis for fully considering
the environmental impacts of implementing the fishery
management plan or plan amendment.''.
(3) Review of regulations.--Section 304(b) (16 U.S.C.
1854(b)) is amended by striking so much as precedes
subparagraph (A) of paragraph (1) and inserting the following:
``(b) Review of Regulations.--
``(1) Upon transmittal by the Council to the Secretary of
proposed regulations prepared under section 303(c), the
Secretary shall immediately initiate an evaluation of the
proposed regulations to determine whether they are consistent
with the fishery management plan, plan amendment, this Act and
other applicable law. The Secretary shall also immediately
initiate an evaluation of the accompanying fishery impact
statement as a basis for fully considering the environmental
impacts of implementing the proposed regulations. Within 15
days of initiating such evaluation the Secretary shall make a
determination and--''.
(4) Effect on time requirements.--Section 305(e) (16 U.S.C.
1855(e)) is amended by inserting ``the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)''.
SEC. 107. LIMITATION ON FUTURE CATCH SHARE PROGRAMS.
(a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is amended by
inserting after paragraph (2) the following:
``(2a) The term `catch share' means any fishery management
program that allocates a specific percentage of the total
allowable catch for a fishery, or a specific fishing area, to
an individual, cooperative, community, processor,
representative of a commercial sector, or regional fishery
association established in accordance with section 303A(c)(4),
or other entity.''.
(b) Catch Share Referendum Pilot Program.--
(1) In general.--Section 303A(c)(6)(D) (16 U.S.C.
1853a(c)(6)(D)) is amended to read as follows:
``(D) Catch share referendum pilot program.--
``(i) The New England, Mid-Atlantic, South
Atlantic, and Gulf of Mexico Councils may not
submit a fishery management plan or amendment
that creates a catch share program for a
fishery, and the Secretary may not approve or
implement such a plan or amendment submitted by
such a Council or a secretarial plan or
amendment under section 304(c) that creates
such a program, unless the final program has
been approved, in a referendum in accordance
with this subparagraph, by a majority of the
permit holders eligible to participate in the
fishery. For multispecies permits in the Gulf
of Mexico, any permit holder with landings from
within the sector of the fishery being
considered for the catch share program within
the 5-year period preceding the date of the
referendum and still active in fishing in the
fishery shall be eligible to participate in
such a referendum. If a catch share program is
not approved by the requisite number of permit
holders, it may be revised and submitted for
approval in a subsequent referendum.
``(ii) The Secretary may, at the request of
the New England Fishery Management Council,
allow participation in such a referendum for a
fishery under the Council's authority, by
fishing vessel crewmembers who derive a
significant portion of their livelihood from
such fishing.
``(iii) The Secretary shall conduct a
referendum under this subparagraph, including
notifying all permit holders eligible to
participate in the referendum and making
available to them--
``(I) a copy of the proposed
program;
``(II) an estimate of the costs of
the program, including costs to
participants;
``(III) an estimate of the amount
of fish or percentage of quota each
permit holder would be allocated; and
``(IV) information concerning the
schedule, procedures, and eligibility
requirements for the referendum
process.
``(iv) For the purposes of this
subparagraph, the term `permit holder eligible
to participate' only includes the holder of a
permit for a fishery under which fishing has
occurred in 3 of the 5 years preceding a
referendum for the fishery, unless sickness,
injury, or other unavoidable hardship prevented
the permit holder from engaging in such
fishing.
``(v) The Secretary may not implement any
catch share program for any fishery managed
exclusively by the Secretary unless first
petitioned by a majority of those permit
holders eligible to participate in the
fishery.''.
(2) Limitation on application.--The amendment made by
paragraph (1) shall not apply to a catch share program that is
submitted to, or proposed by, the Secretary of Commerce before
the date of enactment of this Act.
(3) Regulations.--Before conducting a referendum under the
amendment made by paragraph (1), the Secretary of Commerce
shall issue regulations implementing such amendment after
providing an opportunity for submission by the public of
comments on the regulations.
SEC. 108. 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. 109. 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 fisheries 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, objectives,
or performance standards for electronic
monitoring.
(C) Process.--In issuing the regulations the
Secretary shall--
(i) consult with the Councils and fishery
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 subparagraph (B), and
after the issuance of the final regulations, a Council,
or the Secretary for fisheries referred to in section
302(a)(3) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(a)(3)), 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, respectively, amend such plan--
(i) to incorporate electronic monitoring as
an alternative tool for data collection and
monitoring purposes or for compliance and
enforcement purposes (or both); and
(ii) to allow for the replacement of a
percentage of on-board observers with
electronic monitoring.
(B) Comparability.--Subparagraph (A) shall apply to
a fishery only if the Council or Secretary,
respectively, determines that such monitoring will
yield comparable data collection and compliance
results.
(3) Pilot projects.--Before the issuance of final
regulations, a Council, or the Secretary for fisheries referred
to in section 302(a)(3), may, subject to the requirements of
the Magnuson-Stevens Fishery Conservation and Management Act,
on a fishery-by-fishery basis, and consistent with the existing
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 Technologies.--The Secretary shall
work with the Regional Fishery Management Councils and nongovernmental
entities to develop and implement the use pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) of video survey technologies 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 Commission
employees as necessary for achievement of the purposes
of this Act, subject to a confidentiality agreement
between the State or Commission, respectively, and the
Secretary that prohibits 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 subparagraph
(A), by inserting ``, and information obtained
through a vessel monitoring system or other
technology used onboard a fishing vessel for
enforcement or data collection purposes,''
after ``information;'';
(ii) by striking ``or'' after the semicolon
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 collection of observer
information, pursuant to a confidentiality agreement
between the observers, observer employers, and the
Secretary prohibiting disclosure of the information by
the observers or observer employers, in order--
``(i) to allow the sharing of observer
information among observers and between
observers and observer employers as necessary
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 collected, to release such
information for reasons not otherwise provided for in
this subsection.'';
(C) by redesignating and moving paragraph (3) to be
paragraph (6); and
(D) by striking paragraphs (4) and (5) and
inserting the following:
``(3) Any information submitted to the Secretary, a State
fisheries management agency, or a Marine Fisheries Commission
by any person in compliance with the requirements of this Act,
including confidential information, may only be used for
purposes of fisheries management and monitoring and enforcement
under this Act.
``(4) The Secretary may enter into a memorandum of
understanding with the heads of other Federal agencies for the
sharing of confidential information to ensure safety of life at
sea or for fisheries enforcement purposes, including
information obtained through a vessel monitoring system or
other electronic enforcement and monitoring systems, if--
``(A) the Secretary determines there is a
compelling need to do so; and
``(B) the heads of the other Federal agencies
agree--
``(i) to maintain the confidentiality of
the information in accordance with the
requirements 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 fishery that is collected
for monitoring and enforcement purposes to any person for the
purposes of coastal and marine spatial planning under Executive
Order 13547, unless the Secretary has obtained written
authorization to release such information from the person on
whose vessel the information was collected.''.
(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 Secretary.''.
(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 following:
``(e) Use of the Asset Forfeiture Fund for Fishery Independent Data
Collection.--
``(1) In general.--
``(A) The Secretary, subject to appropriations, may
obligate for data collection purposes in accordance
with prioritizations under paragraph (3) a portion of
amounts received by the United States as fisheries
enforcement penalties.
``(B) Amounts may be obligated under this paragraph
only in the fishery management region with respect to
which they are collected.
``(2) Included purposes.--The purposes referred to in
paragraph (1) include--
``(A) the use of State personnel and resources,
including fishery survey vessels owned and maintained
by States to survey or assess data-poor fisheries for
which fishery management plans are in effect under this
Act; and
``(B) cooperative research activities authorized
under section 318 to improve or enhance the fishery
independent data used in fishery stock assessments.
``(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 Secretary.
``(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 assessment
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 penalties'
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 Secretary for each fiscal year to
carry out this subsection up to 80 percent of the fisheries
enforcement penalties collected during the preceding fiscal
year.''.
SEC. 110. 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 following:
``(2) Within one year after the date of enactment of the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act, and after consultation with the Councils, the
Secretary shall publish a plan for implementing and conducting the
program established in paragraph (1). Such plan shall identify and
describe critical regional fishery management and research needs,
possible projects that may address those needs, and estimated costs for
such projects. The plan shall be revised and updated every 5 years, and
updated plans shall include a brief description of projects that were
funded in the prior 5-year period and the research and management needs
that were addressed by those projects.''; and
(2) in subsection (c)--
(A) in the heading, by striking ``Funding'' and
inserting ``Priorities''; and
(B) in paragraph (1), by striking all after
``including'' and inserting an em dash, followed on the
next line by the following:
``(A) the use of fishing vessels or acoustic or
other marine technology;
``(B) expanding the use of electronic catch
reporting programs and technology; and
``(C) improving monitoring and observer coverage
through the expanded use of electronic monitoring
devices.''.
SEC. 111. COUNCIL JURISDICTION FOR OVERLAPPING FISHERIES.
Section 302(a)(1) (16 U.S.C. 1852(a)) is amended--
(1) in subparagraph (A), in the second sentence--
(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 represent the interests of
fisheries under the jurisdiction of such Council''; and
(2) in subparagraph (B), in the second sentence--
(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 represent the interests of
fisheries under the jurisdiction of such Council''.
SEC. 112. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH 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 Program.--The Secretary of
Commerce shall--
(1) in conjunction with the States, the Gulf of Mexico
Fishery Management Council, and the recreational fishing
sectors, develop and implement a real-time reporting and data
collection program for the Gulf of Mexico red snapper fishery
using available technology; and
(2) make implementation of this subsection a priority for
funds received by the Secretary and allocated to 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 Program.--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 Management Councils, and the commercial, charter, and
recreational fishing sectors, develop and implement a
cooperative research program authorized under section 318 for
the fisheries of the Gulf of Mexico and South Atlantic regions,
giving priority to those fisheries that are considered data-
poor; and
(2) may, subject to the availability of appropriations, use
funds received by the Secretary under section 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 Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.)--
(1) develop a schedule of stock surveys and stock
assessments for the Gulf of Mexico Region and the South
Atlantic Region for the 5-year period beginning on the date of
the enactment of this Act and for every 5-year period
thereafter;
(2) direct the Southeast Science Center Director to
implement such schedule; and
(3) in such development and implementation--
(A) give priority to those stocks that are
commercially or recreationally important; and
(B) ensure that each such important stock is
surveyed at least every 5 years.
(e) Use of Fisheries Information in Stock Assessments.--The
Southeast Science Center Director shall ensure that fisheries
information made available through fisheries programs funded under
Public Law 112-141 is incorporated as soon as possible into any
fisheries 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:
``(3) 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.''.
SEC. 113. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION.
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. 114. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES THROUGHOUT THEIR
RANGE.
(a) In General.--The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) 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 Antiquities Act of
1906.--In any case of a conflict between 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 Endangered 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 4 the
following:
``Sec. 5. Ensuring consistent fisheries management under other Federal
laws.''.
SEC. 115. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED 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 individual,
corporation, or other entity may harvest, through a
fishery cooperative or otherwise, a percentage of the
pollock available to be harvested in the directed
pollock fishery that exceeds the percentage established
for purposes of this paragraph by the North Pacific
Council.
``(B) Maximum percentage.--The percentage
established by the North Pacific Council shall not
exceed 24 percent of the pollock available to be
harvested in the directed Pollock fishery.''.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended--
(1) by striking ``this Act'' and all that follows through
``(7)'' and inserting ``this Act''; and
(2) by striking ``fiscal year 2013'' and inserting ``each
of fiscal years 2014 through 2018''.
TITLE II--REVITALIZING THE ECONOMY OF FISHERIES IN THE PACIFIC
SEC. 201. SHORT TITLE.
This title may be cited as the ``Revitalizing the Economy of
Fisheries in the Pacific Act'' or the ``REFI Pacific Act''.
SEC. 202. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 2000, the Secretary of Commerce declared the West
Coast groundfish fishery a Federal fisheries economic disaster
due to low stock abundance, an overcapitalized fleet, and
historically overfished stocks.
(2) Section 212 of the Department of Commerce and Related
Agencies Appropriations Act, 2003 (title II of division B of
Public Law 108-7; 117 Stat. 80) was enacted to establish a
Pacific Coast groundfish fishing capacity reduction program,
also known as a buyback program, to remove excess fishing
capacity.
(3) In 2003, Congress authorized the $35,700,000 buyback
loan, creating the Pacific Coast groundfish fishing capacity
reduction program through the National Marine Fisheries Service
fisheries finance program with a term of 30 years. The interest
rate of the buyback loan was fixed at 6.97 percent and is paid
back based on an ex-vessel fee landing rate not to exceed 5
percent for the loan.
(4) The groundfish fishing capacity reduction program
resulted in the removal of limited entry trawl Federal fishing
permits from the fishery, representing approximately 46 percent
of total landings at the time.
(5) Because of an absence of a repayment mechanism,
$4,243,730 in interest accrued before fee collection procedures
were established in 2005, over 18 months after the groundfish
fishing capacity reduction program was initiated.
(6) In 2011, the West Coast groundfish fishery transitioned
to an individual fishing quota fishery, which is a type of
catch share program.
(7) By 2015, West Coast groundfish fishermen's expenses are
expected to include fees of approximately $450 per day for
observers, a 3-percent cost recovery fee as authorized by the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801) for catch share programs, and a 5-percent ex-
vessel landings rate for the loan repayment, which could reach
18 percent of their total gross revenue.
(8) In 2012, the West Coast groundfish limited entry trawl
fishery generated $63,000,000, an increase from an average of
$45,000,000 during the years 2006 to 2011. This revenue is
expected to continue to increase post-rationalization.
(b) Purpose.--The purpose of this title is to refinance the Pacific
Coast groundfish fishery fishing capacity reduction program to protect
and conserve the West Coast groundfish fishery and the coastal
economies in California, Oregon, and Washington that rely on it.
SEC. 203. REFINANCING OF PACIFIC COAST GROUNDFISH FISHING CAPACITY
REDUCTION LOAN.
(a) In General.--The Secretary of Commerce, upon receipt of such
assurances as the Secretary considers appropriate to protect the
interests of the United States, shall issue a loan to refinance the
existing debt obligation funding the fishing capacity reduction program
for the West Coast groundfish fishery implemented under section 212 of
the Department of Commerce and Related Agencies Appropriations Act,
2003 (title II of division B of Public Law 108-7; 117 Stat. 80).
(b) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall issue the loan under this section in accordance
with subsections (b) through (e) of section 312 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a) and sections
53702 and 53735 of title 46, United States Code.
(c) Loan Term.--
(1) In general.--Notwithstanding section 53735(c)(4) of
title 46, United States Code, a loan under this section shall
have a maturity that expires at the end of the 45-year period
beginning on the date of issuance of the loan.
(2) Extension.--Notwithstanding paragraph (1) and if there
is an outstanding balance on the loan after the period
described in paragraph (1), a loan under this section shall
have a maturity of 45 years or until the loan is repaid in
full.
(d) Limitation on Fee Amount.--Notwithstanding section 312(d)(2)(B)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(d)(2)(B)), the fee established by the Secretary with
respect to a loan under this section shall not exceed 3 percent of the
ex-vessel value of the harvest from each fishery for where the loan is
issued.
(e) Interest Rate.--
(1) In general.--Notwithstanding section 53702(b)(2) of
title 46, United States Code, the annual rate of interest an
obligor shall pay on a direct loan obligation under this
section is the percent the Secretary must pay as interest to
borrow from the Treasury the funds to make the loan.
(2) Subloans.--Each subloan under the loan authorized by
this section--
(A) shall receive the interest rate described in
paragraph (1); and
(B) may be paid off at any time notwithstanding
subsection (c)(1).
(f) Ex-Vessel Landing Fee.--
(1) Calculations and accuracy.--The Secretary shall set the
ex-vessel landing fee to be collected for payment of the loan
under this section--
(A) as low as possible, based on recent landings
value in the fishery, to meet the requirements of loan
repayment;
(B) upon issuance of the loan in accordance with
paragraph (2); and
(C) on a regular interval not to exceed every 5
years beginning on the date of issuance of the loan.
(2) Deadline for initial ex-vessel landings fee
calculation.--Not later than 60 days after the date of issuance
of the loan under this section, the Secretary shall recalculate
the ex-vessel landing fee based on the most recent value of the
fishery.
(g) Authorization.--There is authorized to be appropriated to the
Secretary of Commerce to carry out this section an amount equal to 1
percent of the amount of the loan authorized under this section for
purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 17.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-711.
Placed on the Union Calendar, Calendar No. 542.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-711.
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