Fisheries Disaster Relief and Research Investment Act - Amends the Saltonstall-Kennedy Act to revise the program under which the Secretary of Commerce provides financial assistance for fisheries research and development projects. Directs each Regional Fishery Management Council to establish a fishery investment committee to: (1) develop a regional fishery investment plan identifying research, conservation, management needs, and actions to rebuild and maintain healthy fish populations and sustainable fisheries; and (2) make recommendations to the Council on grant applications and projects to implement the respective plans.
Requires that such plans be revised, approved by the relevant Council, and submitted to the Secretary at least once every five years.
Directs the Secretary to establish an annual competitive grant program to advance regional priorities included in such plans. Makes state, federal, regional, or private entities or persons eligible for such funding. Requires that preference be given to public-private partnerships.
Specifies that national fisheries investment program funds be used by the Secretary for research and investment that supports rebuilding and maintaining healthy U.S. fish populations and promotes sustainable fisheries. (Currently, such funds are used for harvesting, processing, marketing, and other associated infrastructures.)
Allocates monies to each Council and marine fisheries commissions.
Designates an amount to be distributed among eligible recipients of assistance for commercial fishery failures and fishery disasters declared by the Secretary in 2012 under specified provisions of the Interjurisdicitional Fisheries Act and the Magnuson-Stevens Fishery Conservation and Management Act.
Limits to a specified percentage the monies authorized to offset receipts for National Oceanic and Atmospheric Administration (NOAA) operations, research, and facilities.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 799 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 799
To provide exclusive funding to support fisheries and the communities
that rely upon them, to clear unnecessary regulatory burdens and
streamline Federal fisheries management, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2013
Mr. Tierney (for himself, Mr. Markey, Mr. Keating, Mr. Lynch, Mr.
Jones, Mr. Langevin, and Mr. Cicilline) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide exclusive funding to support fisheries and the communities
that rely upon them, to clear unnecessary regulatory burdens and
streamline Federal fisheries management, 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 ``Fisheries Disaster Relief and
Research Investment Act''.
SEC. 2. DEFINITIONS.
Section 2(a) of the Act of August 11, 1939 (commonly known as the
``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3(a)), is amended--
(1) by redesignating paragraph (1) as paragraph (2);
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) The term `fishery investment committee' means a
committee of a regional fishery management council established
under subsection (c)(1).'';
(3) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (4), (5), (6), and (7), respectively;
(4) by inserting before paragraph (4), as redesignated, the
following:
``(3) The term `regional fishery investment plan' means a
plan developed by a fishery investment committee under
subsection (c)(2).''; and
(5) by adding at the end the following:
``(8) The applicable definition under section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802), shall apply to any term used in this Act that is
not defined under this subsection.''.
SEC. 3. REGIONAL FISHERIES INVESTMENT GRANT PROGRAM.
(a) Regional Fisheries Investment Grant Program and Fishery
Investment Plans.--Section 2 of the Act of August 11, 1939 (commonly
known as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3), is
amended by amending subsection (c) to read as follows:
``(c) Strengthening Regional Fisheries Management.--
``(1) Fishery investment committees.--
``(A) Establishment.--Each Council shall establish
and maintain, under the authority of section 302(g) of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(g)), a fishery
investment committee. Each fishery investment committee
shall be comprised of not more than 13 individuals.
``(B) Authority.--Each fishery investment committee
shall--
``(i) develop a regional fishery investment
plan under subsection (c)(2);
``(ii) review grant applications and
projects to implement its regional fishery
investment plan; and
``(iii) make recommendations, based on its
findings, to the Council on grant applications
and projects to implement its regional fishery
investment plan.
``(C) Membership.--
``(i) Qualifications.--Each member of a
fishery investment committee shall be an
individual who, by reason of the individual's
occupational experience or other experience,
scientific expertise, or training, is
knowledgeable of the conservation and
management of, or the commercial or
recreational catch of, the fishery resources of
the geographical area concerned.
``(ii) Nominations.--Each member of a
fishery investment committee--
``(I) shall be nominated and
elected by the applicable Council
during a public meeting of the Council;
``(II) shall serve for a 3-year
term; and
``(III) may be re-elected for an
additional 3-year consecutive term.
``(iii) Conflicts of interest.--A member of
a fishery investment committee shall recuse
himself or herself from considering any grant
application that the member has a financial
interest that would require disclosure under
section 302(j)(2) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1852(j)(2)).
``(D) Composition.--Each fishery investment
committee shall be multi-disciplinary, reflect the
geographic balance of the Council, and include at least
1 representative of--
``(i) the commercial fishing community;
``(ii) the private recreational angling
community;
``(iii) the for-profit charter fishing
community;
``(iv) the public interest in marine
conservation who--
``(I) does not derive an annual
income from commercial or recreational
fishing; and
``(II) is not employed by any
person who derives an annual income
from commercial or recreational
fishing;
``(v) each State government in the region;
``(vi) relevant interstate commissions;
``(vii) federally recognized tribes, where
applicable; and
``(viii) research institutions.
``(2) Regional fishery investment plans.--Each fishery
investment committee shall develop a regional fishery
investment plan that identifies critical research,
conservation, and management needs and corresponding actions to
facilitate rebuilding and maintaining healthy fish populations
and sustainable fisheries over a 5-year period. Each plan
shall--
``(A) be consistent with the current 5-year
research priority plans developed under section
302(h)(7) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(h)(7));
``(B) include areas of investment that are critical
for rebuilding and maintaining healthy United States
fish populations and promoting sustainable fisheries,
including--
``(i) stock surveys, stock assessments and
analysis, and cooperative fishery research, in
conjunction with the National Oceanic and
Atmospheric Administration, involving fishery
participants, academic institutions, and other
interested parties;
``(ii) efforts to improve the collection
and accuracy of fishery catch data, including--
``(I) expanding the use of, and
research and development on, catch
monitoring and reporting programs and
technology, both at-sea and shoreside,
including the use of electronic
monitoring devices and satellite
tracking systems; and
``(II) improving data collection
for recreational fisheries, including
improvements to the Marine Recreational
Fishery Statistics Survey in accordance
with section 401(g)(3) of the Magnuson-
Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881(g)(3));
``(iii) analyzing the social and economic
impacts of fishery management decisions;
``(iv) providing financial assistance to,
and investment in, fishermen and fishing
communities through--
``(I) fishing capacity reduction,
including vessel, permit, and gear
buybacks; and
``(II) investment in permit banks
or trusts and other entities, including
community fishing associations and
projects designed to help sustain
fishery dependent communities and
small-scale fisheries;
``(v) development of methods or
technologies to improve the quality and value
of fish landed;
``(vi) research and development of
conservation engineering technologies and
methods in both commercial and recreational
fisheries; and
``(vii) habitat restoration and protection;
``(C) be revised by the regional fishery investment
committee and approved by the Council at least once
every 5 years;
``(D) be submitted to the Secretary for review to
ensure the plan is consistent with the requirements of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and this
section;
``(E) be published in the Federal Register and made
available for public comment; and
``(F) become effective not later than 60 days after
the date of receipt unless the Secretary makes a
negative consistency finding.
``(3) Negative consistency finding.--If the Secretary makes
a negative consistency finding under paragraph (2)(F), each
portion of the plan that is the subject of the negative
consistency finding shall not be effective until it is made
consistent by the regional fishery investment committee and the
Council.
``(4) Regional fishery investment grant program.--Not later
than 30 days after the date of enactment of the Fisheries
Disaster Relief and Research Investment Act, the Secretary
shall establish an annual competitive grant program to provide
funds for projects, activities, and research that advance the
regional priorities that are included in the regional fishery
investment plans.
``(A) Eligible recipients.--State, Federal,
regional, or private entities or persons shall be
eligible for funding with preference given to public-
private partnerships.
``(B) Awards.--The Secretary may only award a grant
for a project, activity, or research that--
``(i) implements regional fishery
investment plans; and
``(ii) has been recommended for funding by
the respective regional fishery investment
committee and approved by the Council.''.
(b) National Fisheries Investment Program.--Section 2(d) of the Act
of August 11, 1939 (commonly known as the ``Saltonstall-Kennedy Act'')
(15 U.S.C. 713c-3(d)), is amended--
(1) in paragraph (1), by striking ``research and
development addressed to such aspects of United States
fisheries (including, but not limited to, harvesting,
processing, marketing, and associated infrastructures) if not
adequately covered by projects assisted under subsection (c),
as the Secretary deems appropriate'' and inserting ``fisheries
research and investment that supports rebuilding and
maintaining healthy United States fish populations and promotes
sustainable fisheries. The program shall address fisheries
needs and problems described under subsection (e)(1)(B).''; and
(2) in paragraph (2)--
(A) by striking ``, after consultation with
appropriate representatives of the fishing industry,'';
(B) by striking ``Merchant Marine and Fisheries''
and inserting ``Natural Resources'';
(C) in subparagraph (A), by striking ``development
goals and funding priorities under paragraph (1)'' and
inserting ``investment priorities'';
(D) in subparagraph (B), by striking ``all pending
projects assisted under subsection (c)'' and all that
follows and inserting ``the projects funded by the
Secretary under this subsection; and''; and
(E) in subparagraph (C), by striking ``each project
assisted'' and all that follows and inserting ``how
well the project met the fisheries needs described in
subsection (e)(1).''.
(c) Division of Resources.--Section 2(e)(1) of the Act of August
11, 1939 (commonly known as the ``Saltonstall-Kennedy Act'') (15 U.S.C.
713c-3(e)(1)), is amended--
(1) by striking ``moneys'' each place it appears and
inserting ``monies'';
(2) by striking ``purpose of promoting'' and inserting
``purposes of investing in'';
(3) by inserting ``or diverted'' following ``shall be
transferred''; and
(4) by striking subparagraph (A) and all the follows
through the end of the paragraph and inserting the following:
``(A) The Secretary shall allocate 70 percent of
such monies available at the beginning of each fiscal
year to the 8 Council regions and the Secretary in
accordance with the following formula pursuant to
subsection (c):
``(i) One-half allocated equally among the
Council regions.
``(ii) One-half allocated proportionally
among the Council regions based on the combined
economic impact of commercial landings and
recreational fishing in each region.
``(B) 20 percent of such monies shall be available
to the Secretary under subsection (d) for projects
addressing fisheries needs and problems, as identified
by the Secretary, as follows:
``(i) Up to one-fifth shall be allocated
to, and apportioned as the Secretary deems
appropriate among, the Atlantic States Marine
Fisheries Commission, the Gulf States Marine
Fisheries Commission, and the Pacific States
Marine Fisheries Commission.
``(ii) Up to one-fifth shall be allocated
to seafood promotion and sustainable
certification efforts.
``(iii) Up to one-fifth shall be allocated
to improve fisheries' management through
research, monitoring or evaluation, and
modification of regulations and procedures.
``(iv) Up to one-fifth shall be allocated
to fisheries' disasters, and shoreside
infrastructure and access needs.
``(v) Up to one-fifth shall be allocated to
other special needs, including management of
highly migratory species and international
fisheries.
``(C) Any of such monies remaining after the annual
fiscal year allocations made pursuant to subparagraph
(B) shall remain available to the Secretary without
fiscal year limitation for future such allocations.
``(2) Limitation.--Not more than 10 percent of the monies
referred to in paragraph (1) each fiscal year may be used to
offset receipts for the National Oceanic and Atmospheric
Administration's Operations, Research, and Facilities account.
``(3) Annual notification.--The Secretary shall notify
annually each Council of funds available for grants in its
region.
``(4) Administrative costs.--Prior to the allocation of
monies under paragraph (1) each fiscal year, the Secretary--
``(A) may reserve up to 3 percent of such monies
for the administration of the grant program; and
``(B) shall distribute 3 percent of such monies
equally among each of the 8 Councils for the
development and implementation of fishery investment
plans and grant review.
``(5) Maintenance of effort.--Except as provided in
paragraph (2), the Secretary may not reduce or eliminate
funding for any research, survey, monitoring, or assessment
activities necessary to meet the conservation and management
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) as a result of funding
provided under this section.''.
(d) Fishery Disaster Assistance Funding.--Notwithstanding any
provision of section 2 of the Act of August 11, 1939 (commonly known as
the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3) and the amendments
made by this Act, the Secretary of Commerce shall cause the amount
transferred to the Secretary for fiscal year 2014 under subsection
(b)(1) of such section to be distributed among eligible recipients of
assistance for commercial fishery failures and fishery disasters
declared by the Secretary of Commerce in calendar year 2012 under
sections 308(b) and 308(d) of the Interjurisdicitional Fisheries Act
(16 U.S.C. 4107) and sections 312(a) and 315 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a(a) and 1864).
SEC. 4. FOCUSING ASSETS FOR IMPROVED FISHERIES OUTCOMES.
Section 2(b) of the Act of August 11, 1939 (commonly known as the
``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3(b)), is amended--
(1) by striking ``(1)'';
(2) by striking ``and ending on June 30, 1957,'';
(3) by striking ``moneys'' the first place it appears and
inserting ``monies''; and
(4) by striking ``shall be maintained in a separate fund
only for'' and all that follows and inserting ``and shall only
be used for the purposes described under subsection (c).''.
SEC. 5. REGULATION AND PROCEDURE STREAMLINING.
(a) In General.--For the 2 fiscal years following the date of
enactment of this Act, the Secretary of Commerce shall use funds
available under section 2(e)(2) of the Act of August 11, 1939 (commonly
known as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3), to
conduct a review of the regulations and procedures used to implement
title III of the Magnuson-Stevens Fishery Conservation and Management
Act (90 Stat. 346).
(b) Review Requirements.--The review under subsection (a) shall--
(1) identify redundant and inefficient regulations and
procedures;
(2) make recommendations for streamlining such regulations
and procedures, including recommendations to eliminate
unnecessary paperwork, reduce bureaucratic restrictions, and
speed the inclusion of new information into management
decisions; and
(3) ensure that any recommended modifications to
regulations or procedures are consistent with the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), and any other applicable law.
SEC. 6. PROMULGATION OF REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall promulgate regulations to implement the requirements of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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