[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1678 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1678

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to permit eligible fishermen to approve certain limited access 
              privilege programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2011

Ms. Ayotte (for herself and Mr. Brown of Massachusetts) 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 permit eligible fishermen to approve certain limited access 
              privilege programs, 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 ``Saving Fishing Jobs Act of 2011''.

SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.

    (a) Eligibility To Sign Petition.--Section 303A(c)(6)(B) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1853a(c)(6)(B)) is amended by striking ``For multispecies permits'' and 
all that follows through ``this subparagraph.''.
    (b) Initiation by Eligible Fishermen Under Certain Councils.--
Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as 
follows:
                    ``(D) New england, mid-atlantic, south atlantic, 
                and gulf initiation.--
                            ``(i) In general.--In the case of a fishery 
                        under the authority of the New England, Mid-
                        Atlantic, South Atlantic, or Gulf of Mexico 
                        Fishery Management Council, a fishery 
                        management plan or an amendment to a fishery 
                        management plan that would establish a limited 
                        access privilege program to harvest fish may 
                        not take effect unless--
                                    ``(I) a petition requesting 
                                development of such program is 
                                submitted in accordance with clause 
                                (ii) and certified under clause (iii);
                                    ``(II) the appropriate Council 
                                makes available to eligible fishermen 
                                an estimate of the amount of the fee 
                                that would be collected under section 
                                304(d)(2) if such program were 
                                established; and
                                    ``(III) not earlier than 90 days 
                                after the estimate required under 
                                subclause (II) has been made available, 
                                the proposed plan or amendment is 
                                approved by a vote of two-thirds of 
                                eligible fishermen in the fishery for 
                                which the program would be established.
                            ``(ii) Petition.--A group of fishermen 
                        constituting more than 50 percent of eligible 
                        fishermen in a fishery may submit a petition to 
                        the Secretary requesting the development of a 
                        limited access privilege program for the 
                        fishery. Any such petition shall clearly state 
                        the fishery to which the limited access 
                        privilege program would apply.
                            ``(iii) Certification by secretary.--Upon 
                        the receipt of any such petition, the Secretary 
                        shall review all of the signatures on the 
                        petition and, if the Secretary determines that 
                        the signatures on the petition are those of 
                        more than 50 percent of eligible fishermen in 
                        the fishery for which the program would be 
                        established, the Secretary shall certify the 
                        petition.
                            ``(iv) Definition of eligible fishermen.--
                        For purposes of this subparagraph, the term 
                        `eligible fishermen' means holders of permits 
                        issued under a fishery management plan.''.

SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.

    Section 303A of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853a) is amended by adding at the end the 
following:
    ``(j) Termination.--
            ``(1) Programs in effect prior to 2012.--For any limited 
        access privilege program for a fishery under the authority of 
        the New England, Mid-Atlantic, South Atlantic, or Gulf of 
        Mexico Fishery Management Council that was in effect on the 
        date of enactment of the Saving Fishing Jobs Act of 2011, not 
        later than 30 days after such date, the Secretary shall 
        determine if the number of eligible fishermen in the fishery on 
        such date is at least 15 percent less than the number of 
        eligible fishermen in the fishery in the year preceding the 
        year in which the program was established.
            ``(2) Other programs.--For any limited access privilege 
        program for a fishery under the authority of the New England, 
        Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery 
        Management Council established after the date of the enactment 
        of the Saving Fishing Jobs Act of 2011, 1 year after the date 
        such program is established, the Secretary shall determine if 
        the number of eligible fishermen in the fishery on the date 
        that is 1 year after the date the program is established is at 
        least 15 percent less than the number of eligible fishermen in 
        the fishery in the year preceding the year in which the program 
        was established.
            ``(3) Termination.--If the Secretary determines under 
        paragraph (1) or (2) that the number of eligible fishermen in a 
        fishery is at least 15 percent less than the number of eligible 
        fishermen previously in the fishery--
                    ``(A) the appropriate limited access privilege 
                program shall terminate on the date that is 1 year 
                after the date the Secretary made the determination; 
                and
                    ``(B) during the 1-year period referred to in 
                subparagraph (A), the appropriate Council shall develop 
                an alternative Fishery Management Plan for the fishery 
                that shall be effective on the date of the termination 
                of the program under subparagraph (A).
            ``(4) Definition of eligible fishermen.--In this 
        subsection, the term `eligible fishermen' has the meaning given 
        the term in subsection (c)(6)(D)(iv).''.

SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.

    Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end 
the following:
            ``(D) In the case of a fee collected under this paragraph 
        for a limited access privilege program established under 
        section 303A(c)(6)(D) after the date of the enactment of the 
        Saving Fishing Jobs Act of 2011--
                    ``(i) the fee shall be in an amount sufficient to 
                recover all costs of such program, including observer 
                costs; and
                    ``(ii) the 3 percent limitation in subparagraph (B) 
                shall not apply with respect to such fee.''.
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