113 S2991 IS: Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2014 U.S. Senate 2014-12-09 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 CONGRESS2d 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..