[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3099 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 692
114th CONGRESS
  2d Session
                                S. 3099

                          [Report No. 114-388]

      To preserve and enhance saltwater fishing opportunities for 
             recreational anglers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2016

 Mr. Nelson (for himself and Mr. Rubio) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           November 28, 2016

                Reported by Mr. Thune, without amendment

_______________________________________________________________________

                                 A BILL


 
      To preserve and enhance saltwater fishing opportunities for 
             recreational anglers, 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 ``Access for Sportfishing Act of 
2016''.

SEC. 2. FISHERY MANAGEMENT MEASURES IN BISCAYNE NATIONAL PARK.

    (a) In General.--Notwithstanding anything to the contrary in 
section 103 of Public Law 96-287 (16 U.S.C. 410gg-2), the Secretary of 
the Interior may not implement or enforce any restrictions on 
recreational fishing, charter fishing, or commercial fishing in any 
portion of Biscayne National Park, developed as part of any general 
management plan, fishery management plan, or other measure adopted 
after December 31, 2014.
    (b) Exception.--Notwithstanding the general prohibition under 
subsection (a), the Secretary of the Interior may implement and enforce 
restrictions on recreational fishing, charter fishing, or commercial 
fishing in any portion of Biscayne National Park as part of a park 
fishery management plan if the restrictions are--
            (1) developed in formal coordination and consultation with 
        the Fish and Wildlife Conservation Commission of the State of 
        Florida;
            (2) based upon the best and most recent scientific 
        information available regarding the fishery resources in 
        Biscayne National Park, with priority given to scientific 
        information relied upon by the State of Florida for fish 
        conservation and management in State waters;
            (3) the least restrictive measures necessary for effective 
        fish conservation and management that will provide the best 
        fishing opportunities in the affected areas of the park on a 
        continuing basis, such as--
                    (A) size limits;
                    (B) possession limits;
                    (C) gear restrictions or requirements;
                    (D) seasonal closures; and
                    (E) access permits; and
            (4) for the sole purpose of fishery conservation and 
        management.
    (c) Rule of Construction.--Nothing in this section may be construed 
to apply to lands, waters, or interests donated by the State of Florida 
after June 28, 1980, to the administrative jurisdiction of the National 
Park Service for the purpose of the Biscayne National Park. Fishing on 
such lands and waters shall continue to be in conformance with State 
law.
    (d) Definitions.--
            (1) In general.--In this section, the terms ``fish'', 
        ``fishery resource'', ``fishing'', ``charter fishing'', 
        ``commercial fishing'', ``conservation and management'', and 
        ``recreational fishing'' have the meanings given those terms in 
        section 3 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1802).
            (2) Definition of formal coordination and consultation.--In 
        this section, the term ``formal coordination and consultation'' 
        means a process memorialized in a memorandum of understanding 
        between Biscayne National Park and the Fish and Wildlife 
        Conservation Commission of the State of Florida.

SEC. 3. SHARK CONSERVATION ACT OF 2010.

    (a) In General.--The Act entitled ``An Act to amend the High Seas 
Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens 
Fishery Conservation and Management Act to improve the conservation of 
sharks'', approved January 4, 2011 (Public Law 111-348; 124 Stat. 
3668), is amended--
            (1) by striking section 104 and inserting the following:

``SEC. 104. PROHIBITION ON SHARK FEEDING.

    ``(a) Prohibition.--Except as provided in section 317 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1866), it is unlawful for any person--
            ``(1) to engage in shark feeding; or
            ``(2) to operate a vessel for the purpose of carrying a 
        passenger for hire to any site to engage in shark feeding or to 
        observe shark feeding.
    ``(b) Additional Prohibited Acts.--It is unlawful for any person--
            ``(1) to violate this section or any regulation promulgated 
        under this section;
            ``(2) to refuse to permit any officer authorized to enforce 
        the provisions of this section to board a fishing vessel 
        subject to such person's control for purposes of conducting any 
        search or inspection in connection with the enforcement of this 
        section or any regulation promulgated under the section;
            ``(3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search or inspection described in paragraph 
        (2);
            ``(4) to resist a lawful arrest for any act prohibited by 
        this section; or
            ``(5) to interfere with, delay, or prevent, by any means, 
        the apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section.
    ``(c) Limitation.--Any incidental feeding or attracting of a shark 
in the course of educational or scientific research conducted under a 
permit issued by the Secretary of Commerce or lawful fishing under the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) shall not be considered a violation of this section.
    ``(d) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) or subsection (b) of this section shall 
be liable to the United States for a civil penalty under section 308 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858).
    ``(e) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (5) of subsection (b) of 
this section is deemed to be guilty of an offense punishable under 
section 309(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1859(b)).
    ``(f) Enforcement.--
            ``(1) In general.--The Secretary of Commerce and the 
        Secretary of the department in which the Coast Guard is 
        operating shall prevent any person from violating this section 
        in the same manner, by the same means, and with the same 
        jurisdiction, powers, and duties as though sections 308 through 
        311 of the Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1858, 1859, 1860, 1861) were incorporated into 
        and made a part of this Act.
            ``(2) Penalties and privileges.--Any person who violates 
        this section is subject to the penalties and entitled to the 
        privileges and immunities provided in the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) in the same manner and by the same means as though 
        sections 308 through 311 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, 
        1861) were incorporated into and made a part of this Act.
    ``(g) Definitions.--In this section:
            ``(1) Passenger for hire.--The term `passenger for hire' 
        has the meaning given that term in section 2101(21a) of title 
        46, United States Code.
            ``(2) Shark feeding.--The term `shark feeding' means the 
        introduction of food or any other substance into the water to 
        feed or attract sharks for any purpose other than to harvest 
        sharks.

``SEC. 105. RULE OF CONSTRUCTION.

    ``Nothing in this Act or the amendments made by this Act shall be 
construed as affecting, altering, or diminishing in any way the 
authority of the Secretary of Commerce to establish such conservation 
and management measures as the Secretary considers appropriate under 
sections 302(a)(3) and 304(g) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(a)(3) and 1854(g)).''; 
and
            (2) in section 1, by striking the item relating to section 
        104 and inserting the following:

``Sec. 104. Prohibition on shark feeding.
``Sec. 105. Rule of construction.''.
    (b) Relation to Other Laws.--Nothing in this section or the 
amendments made by this Act supercedes more restrictive State laws or 
regulations regarding shark feeding in State waters.

SEC. 4. BILLFISH CONSERVATION ACT OF 2012.

    (a) Exemptions for Traditional Fisheries and Markets.--Section 
4(c)(1) of the Billfish Conservation Act of 2012 (16 U.S.C. 
1827a(c)(1)) is amended by inserting ``and retained'' after ``landed''.
    (b) Deadline for Issuance of Final Regulations.--The Secretary of 
Commerce shall issue a final rule implementing the Billfish 
Conservation Act of 2012 (16 U.S.C. 1827a), as amended by this Act, not 
later than 45 days after the date of enactment of this Act.
                                                       Calendar No. 692

114th CONGRESS

  2d Session

                                S. 3099

                          [Report No. 114-388]

_______________________________________________________________________

                                 A BILL

      To preserve and enhance saltwater fishing opportunities for 
             recreational anglers, and for other purposes.

_______________________________________________________________________

                           November 28, 2016

                       Reported with an amendment