[Congressional Record Volume 156, Number 105 (Thursday, July 15, 2010)]
[Senate]
[Pages S5967-S5968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 3594. A bill to amend the Magnuson-Stevens Fishery Conservation 
and Management Act to mitigate the economic impact of the transition to 
sustainable fisheries on fishing communities, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I would like to speak about 
fishing, a very important special pastime and industry for the Nation. 
Fishing in Florida is a way of life for many. The small bait and tackle 
shops, the hotels, the restaurants, the charter boat captains, and the 
parents who want to see their children marvel when they pull a fish out 
of the ocean for the first time rely on being able to access the water. 
In fact, just last week, a Washington Post article traced the path of 
fish caught in the Florida Keys and off of Florida's East Coast to a 
Whole Foods market here in the DC area. And sadly, the Deepwater 
Horizon has shown us how much healthy, high-quality seafood comes out 
of the Gulf of Mexico every year.
  In 2007, the Congress reauthorized the Magnuson-Stevens Fishery 
Conservation and Management Act. The Magnuson Act has certainly done 
some good things to ensure the long-term viability of our Nation's 
fishery resources. But some of the provisions of the law have had major 
unintended consequences in Florida.
  I have spoken before about the need for robust science on the status 
of our oceans and our fishery stocks. In fact, most recently, I worked 
with Gulf Coast Senators to get funding in the Supplemental 
Appropriations bill for fisheries science in the Gulf of Mexico. But 
despite the potential influx of dollars, fisheries data for the 
Southeast in particular, is still sparse. This lack of data has lead to 
a crisis in confidence amongst many in the fishing community. Here is 
why.
  The 2007 Magnuson-Stevens Reauthorization contained a 2010 deadline 
to end overfishing. But the justification for that deadline rested on 
two assumptions. First, that there would be recent and accurate stock 
assessments. Second, that there would be improved catch data. I think 
the National Oceanic and Atmospheric Administration is doing the best 
they can with available resources to gather this data. However, for 
years good data from recreational anglers has been a challenge but 
because of the changes to Magnuson-Stevens, regulations are coming out 
faster than the data used to support them.
  Having that hard and fast 2010 deadline created a situation where the 
resource managers are left without options. This has led to closures of 
large geographic areas to all fishing with no end on the horizon. These 
closures have devastated small businesses that rely on fishing and left 
many frustrated that they cannot access the same waters that they 
always could.
  Being a native Floridian, I know that many people develop a love for 
the ocean and a desire to protect it after they truly experience it by 
swimming, fishing off their boat, or listening to the waves. This 
access is a necessary component of conservation because the public 
gains a sense of ownership and this leads to a sense of responsibility.
  That is why I am filing the Fishery Conservation Transition Act 
today. The bill will enable individuals, businesses, and communities to 
make a smooth transition while the science catches up by creating a 
phase-in period for Federal fishing regulations and requiring enhanced 
data collection in the interim. It also allows for economic assistance 
for those who are negatively impacted by management measures.
  Others have proposed different solutions to this problem, but I 
believe that my bill is a targeted solution that gives resource 
managers options to allow access to the water in a way that will also 
achieve conservation goals.
  There are provisions in the bill that require fishery managers to use 
the transition time wisely and research creative solutions to complex 
management issues, like how to manage multispecies fisheries in a way 
that protects the vulnerable stocks but still allows for access. This 
bill is also about jobs. Small businesses that rely on the fishing 
industry can ride out these difficult economic times without 
sacrificing the resource their businesses rely on.
  I hope that my colleagues in the Senate will support this effort to 
provide a smooth transition to sustainable fisheries, healthy economic 
prospects for small businesses, access to the oceans and natural 
resources, and robust science.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3594

       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 ``Fishery Conservation 
     Transition Act''.

     SEC. 2. TRANSITION TO SUSTAINABLE FISHERIES.

       (a) In General.--Within 180 days after the close of fishing 
     year 2010 (within the meaning given that term in the 
     Magnuson-Stevens Fishery conservation and Management Act (16 
     U.S.C. 1802 et seq.), the Secretary of Commerce shall 
     determine, with respect to each fishery for which a fishery 
     management plan that meets the requirements of section 
     303(a)(15) of that Act (16 U.S.C. 1853(a)(15)) is in effect 
     that contains a complete prohibition on the retention of 
     stocks subject to overfishing within the fishery for the 
     entire fishing season, whether the prohibition is sufficient 
     to prevent or end overfishing for the stocks, or stocks 
     undergoing overfishing, to which it applies.
       (b) Remedial Action.--If the Secretary determines that the 
     prohibition contained in such a fishery management plan is 
     not sufficient to prevent or end overfishing for the stocks 
     to which it applies, the Secretary may authorize retention of 
     fish that are not undergoing overfishing within that fishery, 
     notwithstanding that discard mortality of stocks for which 
     retention is prohibited may be inconsistent with provisions 
     on ending or preventing overfishing, if, within 90 days after 
     a determination by the Secretary under subsection (a), the 
     Regional Fishery Management Council with jurisdiction over 
     the fishery implements--
       (1) measures to minimize bycatch and bycatch mortality to 
     the extent practicable;
       (2) an enhanced data collection requirement, such as an 
     electronic logbook data collection system, for recreational, 
     for hire, and commercial fishers; and
       (3) a program of on-board observers for charter, for-hire, 
     and commercial fishers that will monitor and collect data on 
     bycatch and bycatch mortality in multispecies fisheries with 
     prohibitions on retention on one or more species in the 
     fisheries; and
       (4) in coordination with the Secretary, other measures to 
     ensure accountability of the fishery, including those that 
     will substantially contribute to addressing data gaps in 
     stock assessments.
       (c) Additional Requirements.--The Secretary shall take such 
     action as may be necessary to ensure that, with respect to 
     any stock subject to overfishing in a fishery to which a 
     determination under subsection (b) applies--
       (1) a monitoring and research program to monitor the 
     recovery of the affected stocks of fish is implemented for 
     the fishery within 1 year after the date of enactment of this 
     Act;
       (2) a stock assessment for the overfished species within 
     the affected stocks of fish is initiated, taking into account 
     relevant life history of the stock, within 6 months after the 
     date on which the Secretary makes such a determination; and
       (3) the Regional Fishery Management Council with 
     jurisdiction over the affected fishery submits a report to 
     Congress and the Secretary detailing a long-term plan for 
     reducing discard mortality of the affected stocks of fish to 
     which a determination under subsection (a) applies within 2 
     years after the date of enactment of this Act.
       (d) Further Action Required.--If the Secretary determines 
     that--
       (1) the Regional Fishery Management Council with 
     jurisdiction over a fishery has complied with the 
     requirements of paragraphs (b) and (c), and

[[Page S5968]]

       (2) the fishery management plan's prohibition on the 
     retention of stocks subject to overfishing continues to be 
     insufficient to prevent or end over-fishing for those stocks,

     the Secretary shall take such action as may be necessary to 
     end overfishing for the stocks to which the prohibition 
     applies before the end of fishery year 2015.

     SEC. 3. ECONOMIC ASSISTANCE PROGRAM.

       (a) In General.--Section 208 of the Magnuson-Stevens 
     Fishery Conservation and Management Reauthorization Act of 
     2006 (16 U.S.C. 1891b) is amended--
       (1) by striking ``and'' after the semicolon in subsection 
     (b)(6);
       (2) by striking ``materia.'' in subsection (b)(7) and 
     inserting ``materia; and'';
       (3) by adding at the end of subsection (b) the following:
       ``(8) the economic assistance program under subsection 
     (f).'';
       (4) by striking ``and'' after the semicolon in subsection 
     (c)(2)(A);
       (5) by striking ``section.'' in subsection (c) (2)(B) and 
     inserting ``section; and'';
       (6) by adding at the end of subsection (c)(2) the 
     following.:
       ``(C) fees collected under permit programs for a fishery 
     significantly affected by a prohibition on the retention of 
     stocks to end or prevent overfishing.''; and
       (7) by adding at the end thereof the following:
       ``(f) Economic Assistance Program.--
       `` (1) In general.--The Secretary shall establish an 
     economic assistance program to assist recreational and 
     commercial fishery participants, fishing industries, and 
     fishing communities significantly affected by a prohibition 
     on the retention of stocks to end or prevent overfishing or 
     rebuild overfished stocks and use amounts in the Fund to 
     provide such assistance.
       ``(2) Criteria for assistance.--In the administration of 
     the program, the Secretary shall develop criteria for 
     prioritizing economic assistance requests, including 
     consideration of the conservation and management history of 
     the fishery, the sustainability of conservation and 
     management approaches, the magnitude of the economic impact 
     of the retention prohibition, and community and social 
     impacts.
       ``(3) Application process.--The Secretary shall develop an 
     application process to determine eligibility for economic 
     assistance under the program and shall consult with States 
     whose recreational and commercial fishery participants, 
     fishing industries, or fishing communities have been affected 
     by the prohibition. Any person or community seeking 
     assistance under the program shall submit an application at 
     such time, in such manner, and containing such information 
     and assurances as the Secretary may require.
       ``(4) State matching funds.--The Federal share of 
     assistance provided under the program to recreational and 
     commercial fishery participants, fishing industries, or 
     fishing communities may not exceed 75 percent. Before 
     granting assistance under the program, the Secretary shall 
     consult with the State in which the recipient is located and 
     request that the State provide matching funds. The Secretary 
     may waive, in whole or in part, the matching requirement 
     under this paragraph.''.

     SEC. 4. AUTHORITY TO ACT.

       (a) Clarification of Emergency Authority.--Section 305(c) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1855(c)) is amended by adding at the end the 
     following:
       ``(4) For purposes of this section, an emergency is a 
     situation that results from recent, unforeseen, or recently 
     discovered circumstances that present serious conservation or 
     management problems in the fishery, including ecological, 
     economic, social, or public health interests. An emergency 
     may include increasing or decreasing a catch limit, or 
     modifying a time or area closure or retention prohibition in 
     response to new science or stock assessment information, but 
     only if such action is needed to address serious conservation 
     or management problems in the fishery.''.

     SEC. 5. FISHERY STUDIES AND REPORTS.

       (a) Status of Fishery Report.--Section 304(e) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1854(e)) is amended--
       (1) by inserting ``(A)'' before ``The Secretary'';
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii); and
       (3) by adding at the end the following:
       ``(B) In the review, the Secretary shall consider--
       ``(i) a stock assessment conducted pursuant to subsection 
     (c);
       ``(ii) an analysis of the local, regional, and national 
     social and economic impacts on fishing communities and 
     industries directly and indirectly related to the fishery; 
     and
       ``(iii) fishery management measures to enhance the 
     sustainability of stocks of fish that are overfished, and an 
     evaluation of alternative management approaches that may be 
     implemented to enhance such sustainability.
       ``(C) Stock assessment updates for each stock of fish that 
     is overfished or undergoing overfishing shall be conducted at 
     2 year intervals, and a full stock assessment pursuant to 
     subsection (c) shall be conducted no less frequently than 
     once every 5 years.
       ``(D) The Secretary shall include a summary of reviews 
     conducted under subparagraph (A) in the report required by 
     paragraph (1) of this subsection. To the extent possible, the 
     Secretary shall include in the report recommendations for 
     actions that could be taken to encourage the sustainable 
     management of stocks of fish listed in the Fish Stocks 
     Sustainability Index.''.
       (b) Assessment of Current Management Measures.--
       (1) In general.--The Secretary of Commerce shall conduct a 
     study, in cooperation with the National Academy of Sciences, 
     to determine if current fishery management measures for 
     stocks in a multi-species fishery yield the most productive 
     use of marine resources while effectively conserving 
     sustainable populations and a healthy marine ecosystem. The 
     study shall include--
       (A) the identification of the statutory and regulatory 
     impediments to achieving the maximum sustainable yield from 
     the entire fishery;
       (B) the identification of fishery independent environmental 
     stressors on the fishery;
       (C) the economic value derived from the yield in the 
     fishery; and
       (D) alternative fishery management measures and 
     technologies which would result in increased economic and 
     harvest yields consistent with sound conservation.
       (2) Report.--Within 180 days after the date of enactment of 
     this Act, the Secretary shall transmit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Natural Resources 
     containing the Secretary's findings, conclusions, and 
     recommendations.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce such sums as may be necessary to carry out the 
     provisions of this Act and the amendments made by this Act.
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