[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 238 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 238

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to require that fishery impact statements be updated each year and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2011

  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 require that fishery impact statements be updated each year 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 TITLES.

    This Act may be cited as the ``Fishing Impact Statement Honesty Act 
of 2011'' or as the ``FISH Act of 2011''.

SEC. 2. FISHERY IMPACT STATEMENTS.

    Section 303 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853) is amended by adding at the end the 
following:
    ``(d) Fishery Impact Statement.--
            ``(1) Annual updates.--Each fishery impact statement 
        prepared pursuant to subsection (a)(9) shall be updated and 
        republished--
                    ``(A) in the case of a fishery management plan or 
                amendment submitted to the Secretary under section 
                304(a) after the date of the enactment of the Fishing 
                Impact Statement Honesty Act of 2011--
                            ``(i) 6 months after the date the plan or 
                        amendment takes effect;
                            ``(ii) 1 year after such date; and
                            ``(iii) once each year thereafter; and
                    ``(B) in the case of a fishery management plan or 
                plan amendment submitted to the Secretary under section 
                304(a) prior to such date, once each year.
            ``(2) Preparation of statement.--Each fishery impact 
        statement prepared pursuant to paragraph (1) shall be prepared 
        by an objective person who is--
                    ``(A) not an officer, employee, or entity of the 
                United States Government; and
                    ``(B) selected by the Comptroller General of the 
                United States.
            ``(3) Determinations.--Each fishery impact statement 
        prepared pursuant to paragraph (1) or subsection (a)(9) shall 
        determine if the fishery management plan or amendment is 
        consistent with section 301(a)(8), including if the 
        conservation and management measures in the plan or amendment 
        provide for the sustained participation of fishing communities 
        and, to the extent practicable, minimize adverse economic 
        impacts on such communities.
            ``(4) Mitigation plan.--Not later than 60 days after the 
        date on which a statement is published pursuant to paragraph 1, 
        the Secretary shall prepare, publish, and begin implementation 
        of a comprehensive mitigation plan to--
                    ``(A) address any negative economic or social 
                impacts identified in a fishery impact statement 
                prepared pursuant to paragraph (1); and
                    ``(B) correct any inconsistencies determined 
                pursuant to paragraph (3).''.
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