I 111th CONGRESS 2d Session H. R. 4634 IN THE HOUSE OF REPRESENTATIVES February 22, 2010 Mr. Brown of South Carolina (for himself, Mr. McIntyre, Mr. Wilson of South Carolina, Mr. Mica, Mr. Barrett of South Carolina, Mr. Jones, and Ms. Kosmas) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To limit the authority of the Secretary of Commerce to implement certain fishery closures unless the Secretary certifies that closure is the only option available for maintaining a fishery at a sustainable level, and for other purposes.

1.

Short title

This Act may be cited as the Transparency in Job Loss from Fishery Closures Act of 2010.

2.

Secretarial requirements

(a)

Certification requirement

The Secretary may not implement a closure of a directed fishery pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that would have a direct or indirect affect of at least $50,000 on each of more than 25 small businesses that do business related to the recreational, charter, or commercial fishing industries involved in the fishery being closed, unless the Secretary has certified that— (1)the fishery closure is the only option available for maintaining the fishery at a sustainable level; (2)the stock assessment for the fishery has been updated and peer reviewed within the preceding 3-year period; and (3)the stock assessment was developed using at least 2 models that were subjected to outside peer review prior to such use. (b)

Application to existing closures

The Secretary shall— (1)review any fishery closure for which notice was published in the Federal Register within the 12-month period preceding the date of enactment of this Act, and— (A)within the 60-day period beginning on such date of enactment, make the certification described in subsection (a)(1) with respect to such closure; or (B)within the 90-day period beginning on such date of enactment, review and implement options other than closure for maintaining the fishery at a sustainable level; (2)review the effects of each such closure on coastal communities, including— (A)the direct and indirect impact of the closure on all affected small businesses in such communities; (B)the job losses as a result of the closure that have already occurred in such communities; and (C)the job losses as a result of the closure that are expected to occur in such communities within the 1-year period beginning on the date the review is initiated; and (3)report to Congress on the actions taken under this subsection for each such closure.

3.

Report to Congress

The Secretary shall report to Congress by not later than 120 days after the date of enactment of this Act on— (1)the number of fishery closures that were established within the 5-year period preceding such date of enactment; (2)the reason for each such closure; (3)the duration of each such closure; (4)the impact of each such closure on coastal communities; and (5)the expected duration of each such closure.

4.

Definitions

In this Act: (1)

Fishery

The term fishery has the meaning that term has in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (2)

Secretary

The term Secretary means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration. (3)

Small business

The term small business means any business that has had gross revenues of less than $500,000 per year for a minimum of three years.