[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1747 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 213
117th CONGRESS
  1st Session
                                S. 1747

  To provide for an equitable management of summer flounder based on 
   geographic, scientific, and economic data, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2021

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

                           December 17, 2021

              Reported by Ms. Cantwell, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide for an equitable management of summer flounder based on 
   geographic, scientific, and economic data, 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 ``Fluke Fairness Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Summer flounder is an important economic fish stock for 
        commercial and recreational fishermen across the Northeast and 
        Mid-Atlantic United States.
            (2) The Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 
        2006 and instituted annual catch limits and accountability 
        measures for important fish stocks.
            (3) That reauthorization prompted fishery managers to look 
        at alternate management schemes to rebuild depleted stocks like 
        summer flounder.
            (4) Summer flounder occur in both State and Federal waters 
        and are managed through a joint fishery management plan between 
        the Council and the Commission.
            (5) The Council and the Commission decided that each 
        State's recreational and commercial harvest limits for summer 
        flounder would be based upon landings in previous years.
            (6) These historical landings were based on flawed data 
        sets that no longer provide fairness or flexibility for 
        fisheries managers to allocate resources based on the best 
        science.
            (7) This allocation mechanism resulted in an uneven split 
        among the States along the East Coast which is problematic.
            (8) The fishery management plan for summer flounder does 
        not account for regional changes in the location of the fluke 
        stock even though the stock has moved further to the north and 
        changes in effort by anglers along the East Coast.
            (9) The States have been locked in a management system 
        based on data collected from 1981 to 1989, thus, the summer 
        flounder stock is not being managed using the best available 
        science and modern fishery management techniques.
            (10) It is in the interest of the Federal Government to 
        establish a new fishery management plan for summer flounder 
        that is based on current geographic, scientific, and economic 
        realities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Atlantic 
        States Marine Fisheries Commission.
            (2) Council.--The term ``Council'' means the Mid-Atlantic 
        Fishery Management Council established under section 302(a) of 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1852(a)).
            (3) National standards.--The term ``National Standards'' 
        means the national standards for fishery conservation and 
        management set out in section 301(a) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1851(a)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (5) Summer flounder.--The term ``summer flounder'' means 
        the species Paralichthys dentatus (commonly known as 
        ``Fluke'').

SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.

    (a) Fishery Management Plan Modification.--Not later than 1 year 
after the date of enactment of this Act, the Council shall submit to 
the Secretary, and the Secretary may approve, a modified fishery 
management plan for the commercial management of summer flounder under 
title III of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1851 et seq.) or an amendment to such plan that--
            (1) shall be based on the best scientific information 
        available;
            (2) establishes commercial quotas in direct proportion to 
        the distribution, abundance, and location of summer flounder as 
        reflected by fishery independent surveys conducted by the 
        National Marine Fisheries Service and State agencies;
            (3) considers regional, coastwide, or other management 
        measures for summer flounder that comply with the National 
        Standards; and
            (4) prohibits the establishment of commercial catch quotas 
        for summer flounder on a State-by-State basis using historical 
        landings data that does not reflect the status of the summer 
        flounder stock, based on the most recent scientific 
        information.
    (b) Consultation With the Commission.--In preparing the modified 
fishery management plan or an amendment to such a plan as described in 
subsection (a), the Council shall consult with the Commission to ensure 
consistent management throughout the range of the summer flounder.
    (c) Failure To Submit Plan.--If the Council fails to submit a 
modified fishery management plan or an amendment to such a plan as 
described in subsection (a) that may be approved by the Secretary, the 
Secretary shall prepare and consider such a modified plan or amendment.

SEC. 5. REPORT.

    Not later than 1 year after the date of the approval under section 
4 of a modified fishery management plan for the commercial management 
of summer flounder or an amendment to such plan, the Comptroller 
General of the United States shall submit to Congress a report on the 
implementation of such modified plan or amendment that includes an 
assessment of whether such implementation complies with the National 
Standards.
                                                       Calendar No. 213

117th CONGRESS

  1st Session

                                S. 1747

_______________________________________________________________________

                                 A BILL

  To provide for an equitable management of summer flounder based on 
   geographic, scientific, and economic data, and for other purposes.

_______________________________________________________________________

                           December 17, 2021

                       Reported with an amendment