Short title

This Act may be cited as the

Flexibility and Access in Rebuilding American Fisheries Act of 2011

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.

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.

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).

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.

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).