National Marine Fisheries Service Ombudsman Office

(a)

In general

(1)

Establishment

There is established an Office of the Ombudsman in the National Marine Fisheries Service. (2)

Ombudsman

(A)

In general

The Office shall be under the direction of the Ombudsman of the National Marine Fisheries Service, who shall be appointed by the Administrator of the National Oceanic and Atmospheric Administration— (i)in the case of the first Ombudsman, within 180 days after the date of enactment of this Act; and (ii)in the case of an individual appointed to serve as Ombudsman subsequent to the expiration of the term of a sitting Ombudsman, by not later than the date the term expires. (B)

Term

An individual appointed as Ombudsman shall serve a term of 4 years, and may be reappointed. (C)

Vacancies

In the event of a vacancy in the position of Ombudsman the Administrator shall appoint an individual as Ombudsman by not later than 120 days after the date the vacancy occurs. (3)

Regional ombudsmen

(A)

In general

The Ombudsman shall maintain a regional ombudsman in each of the regions for which a Regional Fishery Management Council is established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852). (B)

Appointment

The regional ombudsmen shall be appointed by and serve at the discretion of the Ombudsman. (C)

Acting Ombudsman

In the event of a vacancy in the office of the Ombudsman, the Administrator shall appoint a regional ombudsman to serve as the acting Ombudsman until an Ombudsman is appointed. (4)

Qualifications

A person may not be appointed— (A)as the Ombudsman, unless the person has— (i)demonstrated expertise in the field of fisheries management and significant experience and knowledge of regulations that are enforced by the National Marine Fisheries Service; and (ii)significant experience working in or with the commercial or recreational fishing industries; or (B)as a regional ombudsman, unless the person— (i)satisfies the requirements in subparagraph (A); and (ii)is a resident of a State in the region for which appointed. (5)

Notification of appointment and removal

The Administrator shall notify Congress of— (A)the intent of the Administrator to appoint an individual as Ombudsman, by not later than 60 days before the effective date of the appointment; (B)whether or not the Administrator will reappoint an individual who is serving as Ombudsman, by not later than 120 days before the expiration of the term of the individual; and (C)the intent of the Administrator to remove a person from the position of Ombudsman, by not later than 60 days before the effective date of the such removal, including the reasons for such removal. (6)

Ensuring independence of Ombudsman

(A)

In general

The Ombudsman— (i)shall report solely to and be under the general supervision of the Administrator; and (ii)may only be removed by the Administrator for neglect of duty, misconduct, or inability to perform the duties of the office of the Ombudsman. (B)

Maintenance of independent communications

Each office under the administrative jurisdiction of the Ombudsman shall maintain a telephone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the National Marine Fisheries Service and from all other components of the National Oceanic and Atmospheric Administration. (C)

IG’s authority to conduct investigations not affected

Nothing in this Act shall prevent or prohibit any Inspector General from initiating, carrying out, or completing any investigation. (b)

Functions

The Ombudsman shall— (1)act as a neutral third party who conducts informal, impartial fact finding and investigations; (2)identify points of conflict or contention between the fishing industry and the National Marine Fisheries Service with respect to the implementation and enforcement of regulations; (3)mitigate points of conflict or contention identified under paragraph (2); (4)through each regional ombudsman— (A)serve as a point of contact for local fishermen and businesses that are regulated by the National Marine Fisheries Service; (B)receive complaints from persons regulated by the National Marine Fisheries Service regarding regulatory actions initiated by the Service; (C)initiate informal, impartial fact finding and investigations; (D)work with the Service and local fishermen and businesses to resolve such complaints; and (E)conduct community outreach, including by assisting the National Marine Fisheries Service in the dissemination of any new regulations or requirements and providing information and guidance to the public; and (5)maintain a public Internet site that includes contact information for each regional office. (c)

Annual report

(1)

In general

The Ombudsman shall report no later than September 30 each year to the Administrator, the Committee on Natural Resources Committee of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on the actions taken by each of the regional offices over the preceding year and the objectives of those actions. (2)

Contents

Each such report shall include— (A)full and substantive analysis, in addition to statistical information; (B)recommendations the Office of the Ombudsman has made on improving services and responsiveness of the National Marine Fisheries Service; (C)a summary of the most pervasive and serious points of conflict or contention encountered by fishermen and businesses, including a description of the nature thereof; (D)an inventory of the items described in subparagraphs (B) and (C) for which action has been taken, and the result of such action; (E)an inventory of the items described in subparagraphs (B) and (C) for which action remains to be completed; (F)recommendations to resolve points of conflict or contention encountered by fishermen and businesses; (G)information the Ombudsman considers appropriate regarding the independence and effectiveness of the Ombudsman’s office; and (H)such other information as the Ombudsman considers relevant. (3)

Report to be submitted directly

Each report under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment from the Administrator or any from any other officer or employee of the National Oceanic and Atmospheric Administration, the National Marines Fisheries Service, or the Office of Management and Budget. (4)

Other reports

Nothing in this subsection shall be construed to preclude the Ombudsman from issuing other reports on the activities of the Office of the Ombudsman.