[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3061 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3061

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to extend the authorized time period for rebuilding of certain 
             overfished fisheries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2011

  Mr. Pallone (for himself, Mr. Jones, Mr. Andrews, and Mr. Frank of 
Massachusetts) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to extend the authorized time period for rebuilding of certain 
             overfished fisheries, 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 ``Flexibility and Access in Rebuilding 
American Fisheries Act of 2011''.

SEC. 2. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED 
              FISHERIES.

    Section 304(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1854(e)(4)) is amended--
            (1) in paragraph (4)(A)--
                    (A) in clause (I) by striking ``possible'' and 
                inserting ``practicable''; and
                    (B) by amending clause (ii) to read as follows:
                            ``(ii) not exceed 10 years, except in cases 
                        where--
                                    ``(I) the biology of the stock of 
                                fish, other environmental conditions, 
                                or management measures under an 
                                international agreement in which the 
                                United States participates dictate 
                                otherwise;
                                    ``(II) the Secretary determines 
                                that such 10-year period should be 
                                extended because the cause of the 
                                fishery decline is outside the 
                                jurisdiction of the Council or the 
                                rebuilding program cannot be effective 
                                only by limiting fishing activities;
                                    ``(III) the Secretary determines 
                                that such 10-year period should be 
                                extended to provide for the sustained 
                                participation of fishing communities or 
                                to minimize the economic impacts on 
                                such communities, provided that there 
                                is evidence that the stock of fish is 
                                on a positive rebuilding trend;
                                    ``(IV) the Secretary determines 
                                that such 10-year period should be 
                                extended for one or more stocks of fish 
                                of a multi-species fishery, provided 
                                that there is evidence that those 
                                stocks are on a positive rebuilding 
                                trend;
                                    ``(V) the Secretary determines that 
                                such 10-year period should be extended 
                                because of a substantial change to the 
                                biomass rebuilding target for the stock 
                                of fish concerned after the rebuilding 
                                plan has taken effect; or
                                    ``(VI) the Secretary determines 
                                that such 10-year period should be 
                                extended because the biomass rebuilding 
                                target exceeds the highest abundance of 
                                the stock of fish in the 25-year period 
                                preceding and there is evidence that 
                                the stock is on a positive rebuilding 
                                trend;''; or
            (2) in paragraph (7), in the matter preceding subparagraph 
        (A), by inserting after the first sentence the following: ``In 
        evaluating progress to end overfishing and to rebuild 
        overfished stocks of fish, the Secretary shall review factors, 
        other than commercial fishing and recreational fishing, that 
        may contribute to a stock's overfished status, such as 
        commercial, residential, and industrial development of, or 
        agricultural activity in, coastal areas and their impact on the 
        marine environment, predator-prey relationships of target and 
        related species, and other environmental and ecological changes 
        to the marine conditions.''; and
            (3) by adding at the end the following:
            ``(8) If the Secretary determines that extended rebuilding 
        time is warranted under subclause (III), (IV), (V), or (VI) of 
        paragraph (4)(A)(ii), the maximum time allowed for rebuilding 
        the stock of fish concerned may not exceed the sum of the 
        following time periods:
                    ``(A) The initial 10-year rebuilding period.
                    ``(B) The expected time to rebuild the stock absent 
                any fishing mortality and under prevailing 
                environmental conditions.
                    ``(C) The mean generation time of the stock.
            ``(9) In this subsection the term `on a positive rebuilding 
        trend' means that the biomass of the stock of fish has shown a 
        substantial increase in abundance since the implementation of 
        the rebuilding plan.''.

SEC. 3. COMMITTEE REPORTS.

    (a) Report on Scientific and Statistical Committee Process.--
Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(g)(1)(B)) is amended--
            (1) by striking ``(B) Each'' and inserting ``(B)(i) Each''; 
        and
            (2) by adding at the end the following:
            ``(ii) Each scientific and statistical committee shall 
        submit to its Council each year a report on the process and 
        information used in providing the scientific advice described 
        in clause (i). The report shall include--
                    ``(I) an evaluation of the quality and quantity of 
                the available scientific and biological information 
                relating to such advice;
                    ``(II) a description of the quality of each stock 
                assessment used to develop the committee's 
                recommendations;
                    ``(III) a description of the information used to 
                develop the committee's recommendations for acceptable 
                biological catch;
                    ``(IV) a description of any uncertainty considered 
                and incorporated into the committee's recommendations;
                    ``(V) a justification of any variation between 
                maximum sustainable yield and the committee's 
                recommendations for allowable biological catch;
                    ``(VI) a description of the social and economic 
                impacts of the committee's recommended management 
                measures and whether such measures are consistent with 
                the national standard set forth in section 301(a)(8); 
                and
                    ``(VII) recommendations for--
                            ``(aa) decreasing the level of uncertainty 
                        in the committee's recommendations;
                            ``(bb) improving the quality and quantity 
                        of available scientific and biological 
                        information; and
                            ``(cc) ensuring current and future 
                        consistency between management measures and the 
                        national standard set forth in section 
                        301(a)(8).''.
    (b) Publication of Committee Reports.--Section 302(g)(1) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(g)(1)) is amended by adding at the end the following:
            ``(H) Each Council shall submit to the Secretary and shall 
        make available to the public any reports or other information 
        provided by its scientific and statistical committee.''.

SEC. 4. ANNUAL CATCH LIMITS.

    (a) Consideration of Data on Recreational Fishermen.--Section 
303(a)(15) of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1853(a)(15)) is amended by striking ``specifications, at 
a level'' and all that follows through ``accountability.'' and 
inserting ``specifications, that--''
                    ``(A) results in specification of such limits at a 
                level such that overfishing does not occur in the 
                fishery;
                    ``(B) requires the Council to consider any data 
                collected pursuant to section 401(g) in determining 
                such limits; and
                    ``(C) includes measures to ensure 
                accountability.''.
    (b) Authority To Suspend Annual Catch Limits.--Section 304 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1854) is amended by adding at the end the following:
    ``(j) Authority To Suspend Annual Catch Limits.--The Secretary may 
suspend the application of annual catch limits to a fishery for any 
period in which the Secretary determines that--
            ``(1) the fishery is not overfished or approaching a 
        condition of being overfished;
            ``(2) any stock of fish in the fishery previously affected 
        by overfishing is rebuilt; and
            ``(3) the scientific advice relating to such annual catch 
        limits provided by the scientific and statistical committee of 
        the Council with jurisdiction over the fishery is based on a 
        level of uncertainty that is insufficient to ensure that the 
        fishery management plan for the fishery is consistent with the 
        national standard set forth in section 301(a)(8).''.

SEC. 5. FISHERY IMPACT STATEMENTS; ANNUAL IMPACT STATEMENTS.

    (a) Impact on Coastal Businesses.--Section 303(a)(9) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1853(a)(9)) is amended by--
            (1) redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) inserting after subparagraph (A) the following:
                    ``(B) coastal businesses that are dependent on the 
                recreational and commercial fishing industries;''.
    (b) Annual Impact Statement.--
            (1) In general.--Section 302(h) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1852(h)) is 
        amended--
                    (A) in paragraph (7)(C), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating paragraph (8) as paragraph 
                (9); and
                    (C) by inserting after paragraph (7) the following:
            ``(8) on an annual basis, prepare, in consultation with the 
        Council's fishing industry advisory committee, and submit to 
        the Secretary an annual impact statement that contains--
                    ``(A) a description of whether each fishery 
                management plan under the jurisdiction of the Council 
                is having or is projected to have any adverse economic 
                impact on recreational and commercial fishermen and 
                other coastal businesses that are dependent on the 
                fishery; and
                    ``(B) an estimate of the dollar amount of any such 
                impact; and''.
            (2) Action by secretary.--Section 304 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1854), as amended by section 3(b), is amended by adding at the 
        end the following:
    ``(k) Mitigation of Adverse Impact.--
            ``(1) In general.--The Secretary shall take such actions as 
        may be necessary to mitigate any adverse impacts identified in 
        the annual impact statement submitted under section 302(h)(8).
            ``(2) Report to congress.--The Secretary shall submit to 
        Congress each year a report that includes--
                    ``(A) a description of the effects of any 
                mitigation efforts implemented under this subsection 
                during the previous year; and
                    ``(B) recommendations for the improvement of 
                Federal fisheries programs to promote sustainable 
                fisheries and economic vitality in recreational and 
                commercial fishermen and other coastal businesses that 
                are dependent on the fishery.''.

SEC. 6. STUDY ON RECREATIONAL FISHERIES DATA.

    Section 401(g) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1881(g)) is amended by adding at the end the 
following:
            ``(5) Study on program implementation.--
                    ``(A) In general.--Not later than 60 days after the 
                enactment of this paragraph, the Secretary shall enter 
                into an agreement with the National Research Council of 
                the National Academy of Sciences to study the 
                implementation of the programs described in this 
                section. The study shall--
                            ``(i) provide an updated assessment of 
                        recreational survey methods established or 
                        improved since the publication of the Council's 
                        report Review of Recreational Fisheries Survey 
                        Methods (2006);
                            ``(ii) evaluate the extent to which the 
                        recommendations made in that report were 
                        implemented pursuant to paragraph (3)(B); and
                            ``(iii) examine any limitations of the 
                        Marine Recreational Fishery Statistics Survey 
                        and the Marine Recreational Information Program 
                        established under paragraph (1).
                    ``(B) Report.--Not later than 1 year after entering 
                into an agreement under subparagraph (A), the Secretary 
                shall submit a report to Congress on the results of the 
                study under subparagraph (A).''.
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