113 S221 IS: Saving Fishing Jobs Act of 2013 U.S. Senate 2013-02-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 221 IN THE SENATE OF THE UNITED STATES February 4, 2013 Ms. Ayotte 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 permit eligible fishermen to approve certain limited access privilege programs, and for other purposes.

1.

Short title

This Act may be cited as the Saving Fishing Jobs Act of 2013.

2.

Approval of certain limited access privilege programs

(a)

Eligibility To sign petition

Section 303A(c)(6)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(B)) is amended by striking For multispecies permits and all that follows through this subparagraph.. (b)

Initiation by eligible fishermen under certain Councils

Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as follows: (D)

New England, Mid-Atlantic, South Atlantic, and Gulf initiation

(i)

In general

In the case of a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, a fishery management plan or an amendment to a fishery management plan that would establish a limited access privilege program to harvest fish may not take effect unless— (I)a petition requesting development of such program is submitted in accordance with clause (ii) and certified under clause (iii); (II)the appropriate Council makes available to eligible fishermen an estimate of the amount of the fee that would be collected under section 304(d)(2) if such program were established; and (III)not earlier than 90 days after the estimate required under subclause (II) has been made available, the proposed plan or amendment is approved by a vote of two-thirds of eligible fishermen in the fishery for which the program would be established. (ii)

Petition

A group of fishermen constituting more than 50 percent of eligible fishermen in a fishery may submit a petition to the Secretary requesting the development of a limited access privilege program for the fishery. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. (iii)

Certification by Secretary

Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition are those of more than 50 percent of eligible fishermen in the fishery for which the program would be established, the Secretary shall certify the petition. (iv)

Definition of eligible fishermen

For purposes of this subparagraph, the term eligible fishermen means holders of permits issued under a fishery management plan. .

3.

Termination of certain limited access privilege programs

Section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the end the following: (j)

Termination

(1)

Programs in effect prior to 2012

For any limited access privilege program for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council that was in effect on the date of enactment of the Saving Fishing Jobs Act of 2013, not later than 30 days after such date, the Secretary shall determine if the number of eligible fishermen in the fishery on such date is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established. (2)

Other programs

For any limited access privilege program for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council established after the date of the enactment of the Saving Fishing Jobs Act of 2013, 1 year after the date such program is established, the Secretary shall determine if the number of eligible fishermen in the fishery on the date that is 1 year after the date the program is established is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established. (3)

Termination

If the Secretary determines under paragraph (1) or (2) that the number of eligible fishermen in a fishery is least 15 percent less than the number of eligible fishermen previously in the fishery— (A)the appropriate limited access privilege program shall terminate on the date that is 1 year after the date the Secretary made the determination; and (B)during the 1-year period referred to in subparagraph (A), the appropriate Council shall develop an alternative Fishery Management Plan for the fishery that shall be effective on the date of the termination of the program under subparagraph (A). (4)

Definition of eligible fishermen

In this subsection, the term eligible fishermen has the meaning given the term in subsection (c)(6)(D)(iv). .

4.

Fees recovered for certain limited access privilege programs

Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end the following: (D)In the case of a fee collected under this paragraph for a limited access privilege program established under section 303A(c)(6)(D) after the date of the enactment of the Saving Fishing Jobs Act of 2013— (i)the fee shall be in an amount sufficient to recover all costs of such program, including observer costs; and (ii)the 3 percent limitation in subparagraph (B) shall not apply with respect to such fee. .