[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[House]
[Pages H3592-H3617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING FISHING COMMUNITIES AND INCREASING FLEXIBILITY IN
FISHERIES MANAGEMENT ACT
The Committee resumed its sitting.
Mr. BISHOP of Utah. Mr. Chairman, I am pleased to yield 5 minutes to
the gentleman from Alaska (Mr. Young), the sponsor of this piece of
legislation. He is the senior member of our committee, as well as
someone who knows more about this issue than probably anyone else on
the floor.
Mr. YOUNG of Alaska. Thank you to the chairman of the full committee.
Mr. Chairman, history is a wonderful thing. People who went through
the
[[Page H3593]]
same experiences see things differently. For the record, I would like
to correct the ranking member. While he is correct that the Magnuson
bill that eventually became public law, H.R. 4946, passed the House
under suspension of the rules, the original bill which passed the
Natural Resources Committee, H.R. 5018, passed after a very long
markup, with a vote of 26-15, with only four Democrats voting in favor
of the bill. The gentleman from Arizona voted against the bill and
signed dissenting views with six other Democrats. So this point that
the previous reauthorization acts were noncontroversial and nonpartisan
is not true. I think whoever wrote that for the gentleman ought to,
again, do a little correct history.
Mr. Chairman, as one who sponsored this bill way back in 1975, and it
became law in 1976, it is probably the most successful legislation that
ever passed this House to create a sustainable yield of fisheries for
the United States of America. And to have someone try to hijack this
legislation by interest groups when all those involved--the fishermen,
the recreational, the commercial, the restaurants, the conservationists
that know fisheries, the State of Alaska and all other States--support
the Magnuson Act and the improvements we have made in this bill--yes,
we have some flexibility.
The bill would amend the Magnuson-Stevens Fisheries Conservation Act,
the premier law, as I mentioned before. It allows for regional
management of fisheries. The law gives guidance through its national
standards and creates the process that allows the councils to develop
fishery management plans. The councils provide a regional or
constituent-based approach.
Remember, this is not about the government. This bill was written by
this Congress for the people, not NOAA, not NMSA, not the State
Department, not the Sierra Club, and not the Pew group. It was written
for fishermen for sustainable yields of fish for the communities. It
provides a regional concept. It is critical to the protection of
coastal economies and for allowing the stakeholders to be part of the
management of the fisheries.
To address the ever-changing needs of fisheries and fishing
communities--and I have been through this thing four times from the
original to today--the Congress has passed various amendments to this
act. Changes were based on knowledge of the times gained through
experience, improvements in science, and better management techniques.
In the mid-1990s, Congress addressed overfishing, included
protections for habitat, improvements for fisheries science, and
reductions in bycatch. These were the issues of the time, and they were
addressed as needed. A factor of that time also included the lack of
resources to fund stock assessments to provide needed data to the
regional fishery management councils, something that continues to be an
issue today.
Mr. Chairman, a lot of decisions are made without science. The act
was last amended in 2007. Congress included measures to set science-
based annual catch limits to prevent overfishing, including a
requirement to end overfishing within 2 years. Accountability measures
were adopted, which meant harvest reductions if harvest levels were
exceeded. According to the National Marine Fisheries Service, we have
now reached the point where overfishing has effectively ended in this
country.
H.R. 1335 started being developed 4 years ago. The committee held
over a dozen hearings, with testimony from over 100 witnesses. As with
past reauthorizations and in line with a main purpose of the act--to
balance conservation with economic use of the resource--H.R. 1335
follows a middle road.
While many today may complain the bill's flexibility rolls back
scientific protections, that is just not accurate. The flexibility in
the bill is based on science. Rebuilding of fish stocks will be based
on the biology of fish stock. Harvest levels will still be based on
science and at levels where overfishing will not occur. The regional
councils will continue to follow recommendations of their Science and
Statistical Committee.
Mr. Chairman, during every reauthorization cycle, the Magnuson-
Stevens Act is updated to be closely in sync with current-day science,
management techniques, and knowledge. As the fishermen, communities,
the councils, and fishery managers develop better techniques and learn
lessons from implementing the law, Congress can take that knowledge to
improve that law.
Flexibility is cornerstone of the law. The Magnuson-Stevens Act
promotes regional flexibility recognizing differing ocean conditions,
variations in regional fisheries, different harvesting methods and
management techniques, and distinct community impacts.
Again, I want to stress this, Mr. Chairman. This bill was written for
fish and communities, not all these other interest groups. As I said in
the Rules Committee, I will not stand by and watch other interest
groups hijack this piece of legislation, taking away the sustainable
concept of our fisheries and the healthy concept of our fisheries and
the healthy concept of our communities for other reasons and other
causes. If you want to do that, do it in an independent legislation. We
don't need any ocean antiquity acts.
The CHAIR. The time of the gentleman has expired.
Mr. BISHOP of Utah. Mr. Chairman, I yield the gentleman an additional
1 minute.
Mr. YOUNG of Alaska. Mr. Chairman, we don't need any sanctuaries in
this bill. We don't need some outside groups telling the fishermen, the
communities, and the scientists--it is our belief--when they know
little about it.
I happen to have the largest coastline in the whole of the United
States all put together, and we have done the job we should be able to
do. This bill makes this job easier for the United States of America
for giving us the ability to have a sustainable yield of fish and the
communities to be taken care of.
With that, Mr. Chairman, I strongly urge the passage of this
legislation.
Mr. GRIJALVA. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I agree with the distinguished chairman, Mr. Young,
that the Magnuson Act is working and that we should leave it alone and
allow it to work. The inclusion of previous reauthorizations of the
Alaskan model, science-based, has been a key reason why it continues to
work.
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from
California (Mrs. Capps), my colleague.
Mrs. CAPPS. Mr. Chairman, I thank my colleague for yielding.
Mr. Chairman, I rise today in strong opposition to H.R. 1335, which
would undermine the proven and effective management of our Nation's
fisheries. For nearly 40 years, the Magnuson-Stevens Fishery
Conservation and Management Act, MSA, has worked to protect America's
fisheries and coastal economies. In more recent years, it has
established programs to protect and restore depleted fish stocks,
ensuring these resources will be around for years to come. And, Mr.
Chairman, these programs are working. In fact, last year marked the
lowest number of fishery stocks subject to overfishing or overfished.
Ensuring that fish stocks are healthy is essential to the long-term
success of the fishing industry and to food and job security. But
protecting and restoring these stocks require that we both acknowledge
the need to manage our fisheries and fund the science necessary to
properly assess their health. Unfortunately, H.R. 1335 does just the
opposite.
Instead of working in a bipartisan manner to improve and modernize
MSA, H.R. 1335 would dismiss and roll back existing effective
management efforts. It would weaken proven management standards. It
would reduce the efficacy of fish stock rebuilding programs, and it
will undermine existing laws that work in concert with MSA to protect
our fisheries. And it would create gaping loopholes that allow for
overfishing and mismanagement under the guise of increasing
flexibility. These misguided provisions would threaten the viability of
an entire industry and harm the health of our oceans simply to benefit
a few special interests.
Mr. Chairman, effective fishery management ensures a sustainable
industry by accounting for uncertainty and environmental change. And
MSA works
[[Page H3594]]
hand in hand with other environmental legislation to ensure the long-
term viability of fishery resources. Yet H.R. 1335 needlessly unravels
this well-balanced system by undercutting other existing protections
under key longstanding laws like the National Marine Sanctuaries Act,
like the Endangered Species Act and the National Environmental Policy
Act.
Mr. Chairman, there is bipartisan agreement on the need to protect
and promote America's fishermen and the fishing industry, but rather
than building on what is already working under current law, this bill
would gut the proven management system that is currently in place.
We should work together and be striving to enhance smart, effective
management and provide the resources our Nation's fishing communities
are asking for. H.R. 1335 is shortsighted and counterproductive, and I
urge all my colleagues to oppose it.
Mr. BISHOP of Utah. Mr. Chairman, I yield 3 minutes to the gentleman
from Virginia (Mr. Wittman) to further speak about a position or an
issue that has the support of the recreation community and the industry
at the same time, which is unique. He is one of the senior members of
our committee.
Mr. WITTMAN. Mr. Chairman, as co-chairman of the Congressional
Sportsmen's Caucus, I rise in strong support of H.R. 1335, the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act, and would like to thank my colleagues,
Chairman Rob Bishop and Subcommittee Chairman Don Young, for all their
efforts to bring this important piece of legislation to the House floor
for a vote.
Mr. Chairman, according to the latest report released by the National
Oceanic and Atmospheric Administration, in 2012, the U.S. domestic
seafood industry had a sales impact of $141 billion and supported
approximately 1.3 million jobs. H.R. 1335 makes the necessary reforms
to support these jobs and our fishermen by promoting better science and
requiring State and local data to be considered in Federal
decisionmaking about fisheries.
Last year I spoke with commercial fishermen from the Pacific Coast,
Atlantic Coast, and the Gulf of Mexico, and the common theme in our
discussions was the need for better data and scientific analysis to
improve management.
The U.S. has a long and profitable heritage in fishing. To continue
that heritage, we need to have quality, diverse data and scientific
analysis to facilitate educated decisionmaking on fishery management.
H.R. 1335 allows for just that.
Mr. Chairman, the bill increases transparency and provides much-
needed flexibility in the law for fishery managers to properly consider
the environmental and economic impacts of decisions affecting fishing
communities. And it is important to note that H.R. 1335 makes all of
these key reforms to fisheries management without authorizing any new
additional Federal spending. We can do the job with the existing
resources.
This bill also makes great strides in the saltwater recreational
fisheries. Saltwater recreational fishing alone has a $70 billion
impact on our Nation's economy and supports over 454,000 jobs. Marinas,
grocery stores, restaurants, motels, lodges, tackle shops, boat
dealerships, clothing manufacturers, gas stations, and a host of other
businesses and entities benefit from the money spent by recreational
anglers.
{time} 1600
This industry does not just impact coastal communities but enables
job creation and robust economic development in a variety of regions
across the country.
Improving recreational data collection and a transparent review of
allocations in the Southeast are all great tools that H.R. 1335 gives
NOAA to effectively manage a recreational industry that is a
significant economic player in the United States economy.
H.R. 1335 is widely supported by a coalition of sportsmen and
conservation groups, including the Congressional Sportsmen's Foundation
and the Center for Coastal Conservation.
I urge my colleagues to vote ``yes'' on H.R. 1335 in support of
access to our Nation's resources and the 1.3 million jobs that are
supported by fishing.
Mr. GRIJALVA. Mr. Chairman, I yield myself such time as I may
consume.
In addition to more than 100 commercial and recreational fishing
groups and related businesses that have all opposed this legislation
from the Atlantic Coast, Pacific Coast, the Gulf of Mexico, and related
fishery and commercial areas, John Sackton, Seafood News, a respected
market analyst for seafood, said that this act is a ``recipe for
overfishing, unsustainability, and would move U.S. world-class
fisheries management backwards.''
I yield 2 minutes to the gentlewoman from Michigan (Mrs. Dingell),
ranking member of the Oversight and Investigations Subcommittee for the
Natural Resources Committee.
Mrs. DINGELL. Mr. Chairman, I thank my colleague for yielding.
I rise in opposition to H.R. 1335, legislation that is very important
to reauthorize the historically bipartisan Magnuson-Stevens Act.
While I have nothing but the utmost respect for my colleague from
Alaska (Mr. Young), I am afraid that I fear that this legislation would
take our fisheries management system in the wrong direction.
The bottom line is Magnuson-Stevens is working today. U.S. fisheries
have been remarkably successful since the last reauthorization in 2007,
and if it isn't broken, why should we try to fix it?
According to NOAA, 37 important fish stocks have been rebuilt to
healthy population levels since 2000, and the number of stocks subject
to overfishing has been cut nearly in half since 2006.
H.R. 1335 would eliminate critical conservation tools that have been
essential to our recent success and would also undermine critical
environmental laws like the National Environmental Policy Act and the
Endangered Species Act. I hope that we can work towards a compromise so
that Magnuson-Stevens can be reauthorized in a bipartisan manner, as
the last two bills were. Until then, I urge my colleagues to join me in
opposing H.R. 1335.
Mr. BISHOP of Utah. Mr. Chairman, I am happy to yield 2 minutes to
the gentleman from Georgia (Mr. Jody B. Hice), another great worker and
a member of our committee.
Mr. JODY B. HICE of Georgia. Mr. Chairman, I rise in strong support
of H.R. 1335, the Strengthening Fishing Communities and Increasing
Flexibility in Fisheries Management Act.
Mr. Chairman, I would, first of all, like to thank the bill's
sponsor, our colleague from Alaska (Mr. Young), for his continued
leadership on this important issue. Additionally, I commend Chairman
Bishop for ensuring that this bill has gone through regular order while
being considered by the Natural Resources Committee.
H.R. 1335 makes necessary improvements to the Magnuson-Stevens Act.
As you know, Mr. Chairman, our U.S. commercial fishermen generated $5.1
billion in revenue between 2012 and 2014, and I know that with these
necessary changes and improvements our fishermen will be able to
contribute even more to our economy.
In addition to the impact that H.R. 1335 has had on our commercial
fishing industry, this legislation also has a strong impact on the
recreational side of the industry. For an industry that generates $58
billion in sales while supporting nearly 400,000 jobs, H.R. 1335
encourages our local professionals to have a more active role in
determining regulatory measures rather than the one-size-fits-all
management approach that has been used in the past.
Furthermore, H.R. 1335 will also adjust the method of counting red
snapper mortality. This is an important issue for the recreational
fishermen because it will increase access to the waters in the Gulf of
Mexico so that our Nation's sportsmen have the ability to enjoy our
natural resources while making valuable contributions to the economy at
the same time.
Mr. Chairman, this legislation has been crafted in a delicate way to
ensure the necessary balance between our commercial and recreational
fishermen. Both sides of the fishing industry will benefit from this
bill and provide our States with more input.
I urge my colleagues to support H.R. 1335.
Mr. GRIJALVA. Mr. Chairman, I yield 3 minutes to the gentleman from
New Jersey (Mr. Pallone)
[[Page H3595]]
Mr. PALLONE. Mr. Chairman, I rise in opposition to H.R. 1335, the
Magnuson-Stevens Act reauthorization before us today.
Management of fisheries in the United States is extremely important,
especially in my home State of New Jersey, where the fishing industry
is an important economic driver of the State's economy, generating
billions of dollars a year in revenue and supporting tens of thousands
of jobs.
This bill passed out of the House Natural Resources Committee without
a single Democratic vote, and President Obama has threatened to veto
it. This doesn't need to be a partisan issue. We should be working
together in a bipartisan fashion to make commonsense reforms to
Magnuson-Stevens.
There are important fishery management reforms in this bill that I
strongly support, such as the flexibility language and modifications to
the annual catch limit requirements. However, I am troubled by the
language in the bill that makes unnecessary changes to NEPA, the
Endangered Species Act, the National Marine Sanctuaries Act, and the
Antiquities Act.
This bill would vest much of the authority over these statutes in the
fishery management councils instead of with the appropriate Federal
agency. It is not appropriate to vest regulatory authority for these
purposes in a body like a fishery management council.
Fishery managers play an important role in crafting fishery
management measures in consultation with NOAA fisheries. Yet, they lack
the expertise to appropriately review and analyze the impacts and
requirements of NEPA or the Endangered Species Act.
The legislation, Mr. Chairman, does include specific language I
authored on recreational data collection, and I would like to thank the
authors for including this important section. The goal of this language
is to ensure the fishery management councils are collecting the best
information possible about recreational fishing. It would implement a
grant program to allow States to improve recreational data collection
and require the National Research Council to issue a report on
improvements that have been made and need to be made with recreational
fishing data collection and surveying. This will help us understand
what is actually happening with fishing in any given year and ensure
that we aren't needlessly closing healthy fisheries.
Mr. Chairman, there are positive reforms to Magnuson-Stevens in this
legislation, but unfortunately it weakens important environmental laws
such as NEPA and the ESA in the process. I think that is unfortunate. I
wish we could have had a bipartisan bill that actually reforms
Magnuson-Stevens in a preferable way.
Mr. BISHOP of Utah. Mr. Chairman, I yield myself such time as I may
consume.
I appreciate the gentleman from New Jersey joining us here. I have to
admit in somewhat chagrin, I quoted you earlier in my speech when you
were saying something very positive about this bill last time around.
But I would also like to state for the record the concept of the Garden
State Seafood Association, which is from your home State of New Jersey
and which also supports this bill, as they had said simply that it
adjusts ``certain specific problematic regulations that have not proven
to function as intended since they were added or amended in the last
reauthorization a decade ago.''
There are problems with the status quo this bill fixes.
I yield 3 minutes to the gentleman from South Carolina (Mr. Duncan),
also a farm worker of our committee, and with appreciation for an
amendment that he added in committee that made a significant impact,
especially for the recreational fisheries of America.
Mr. DUNCAN of South Carolina. Mr. Chairman, I want to thank the
chairman of the committee.
I rise today in support of H.R. 1335, the Strengthening Fishing
Communities and Increasing Flexibility in Fisheries Management Act.
I want to thank my colleagues on the Natural Resources Committee for
including my amendment in support of the findings of the Morris-Deal
Commission.
One of the top priorities of the Morris-Deal Commission was requiring
a review, and adjustment if warranted, of the allocations of mixed-
sector fisheries.
Despite the tremendous importance that allocation decisions have in
maximizing the benefits that our fisheries provide to the Nation,
Federal fisheries managers have refused to revisit allocations--most of
which were determined decades ago--primarily because of a lack of clear
guidance on how decisions should be made and because these decisions
are inherently difficult.
My amendment included in the committee text would prompt the
development of criteria that should be considered in allocation
decisions and require periodic allocation reviews. The language does
not prescribe any specific shifts in existing allocations but rather a
science-based review and potential adjustment if needed.
Recognizing the high number of important recreational fisheries in
the region, the geographic scope of this provision is limited to just
the South Atlantic and the Gulf of Mexico.
You see the poster beside me. As vice chairman of the Congressional
Sportsmen's Caucus, I represent 1.3 million anglers in the
organizations on this poster that they belong to that support this
bill.
Let us be clear: the goal here is to allow more fishermen, whether
they are commercial fishermen or recreational anglers, to be able to
take more fish in a responsible manner. We want policy based on sound
science compatible with the facts in the water, not the uninformed
opinions of an agenda-driven desk jockey bureaucrat in Washington, D.C.
This provision was in the MSA reauthorization bills introduced by
Senators Rubio and Begich in the 113th Congress.
Again, I want to thank my colleagues on the Natural Resources
Committee for helping include this language, and I urge passage of the
final bill. This is common sense to reauthorize Magnuson-Stevens. The
gentleman from Alaska has done a tremendous job on this, and I urge
passage.
Mr. GRIJALVA. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Maine (Ms. Pingree).
Ms. PINGREE. Mr. Chairman, I thank Mr. Grijalva for the time.
I rise to support the reauthorization of the Magnuson-Stevens Act,
but not the bill we have before us today.
Like many of my colleagues here in Congress who represent coastal
States, I know the importance of a vibrant fishery and the importance
of Federal policy in this area that keeps our Nation's fisheries moving
forward. I live on a small offshore island, and many of my neighbors
make their living as fishermen, as do many of my constituents.
The most lucrative fishery in my area is for lobsters, and it is one
of the most successful and sustainable fisheries in America because
lobstermen and -women have taken the long-term view.
It is so successful and so sustainable because it has been carefully
regulated for decades. Strict rules have led to bigger and bigger
catches and rising income for fishermen.
This fishery is proof that building a strong fishery happens first by
ensuring there is a resource for fishermen to harvest.
Iconic species like haddock and pollock have been devastated by
overfishing. They can still make a comeback, but not if we turn our
backs on them and the fishermen who depend on them.
The collapse of many of these fisheries has taken its toll on fishing
families and fishing communities, but slowly rebuilding these species
is rebuilding our hope for the future.
Now is not the time to abandon these efforts. Now is not the time to
give up on the progress we have already made.
The only way to guarantee healthy fishing communities over the long
term is to rebuild the fish stocks using science-based methods, and I
would ask my colleagues to support more funding for science.
The future of many coastal communities is based on sustainable
fisheries, not rolling back management systems that give just a few
fishermen a short-term boost.
I urge my colleagues to support many of the amendments that will be
on the floor this afternoon that will try to improve this legislation,
and I urge a ``no'' vote on the underlying bill.
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Mr. BISHOP of Utah. Mr. Chairman, I am pleased to yield 2 minutes to
the gentleman from New Jersey (Mr. MacArthur), another hard-working
member of our committee.
Mr. MacARTHUR. Mr. Chairman, there are probably almost as many boats
as people in my district, and that is because I represent one of the
most beautiful stretches of the Atlantic Ocean, from north to south,
the southern part of the Jersey Shore.
I have thousands of charter and commercial fishermen and tens of
thousands of recreational fishermen who either make their living from
the sea or get some respite and go out and do some recreational
fishing.
I hear from them all the time that the current Magnuson-Stevens Act
is simply not working any more for them. It is outdated. It is
arbitrary. We are continuing to protect fish stocks that have been
completely rebuilt, and it is based on knee jerk, not sound science
today. It is desperately in need of reform.
The economic impact in my State alone is $1.3 billion from the
recreational side and over $2 billion from the commercial side. It is
30,000 jobs. There is nobody who lives along the coast who wants to go
back to the Wild West days when anyone can catch whatever they want and
destroy the fish stocks. Nobody wants that, but the current system is
not working, and it needs to be reformed. This is a good bill that
offers real solutions.
It preserves fish stocks; yet it recognizes the needs of our
fishermen, and it relies on fact-based science. An amendment that I
proposed and I am particularly pleased with is that it encourages
marine students to be involved in the data collection, and it requires
the government to look to them for that. We can do it at a lower cost
and with better results.
I encourage my colleagues not to let the perfect become the enemy of
the good. It is a good bill, and it deserves to be approved. I urge my
colleagues to stand behind it.
Mr. GRIJALVA. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Ms. Graham).
Ms. GRAHAM. Mr. Chairman, in the panhandle of north Florida, red
snapper is a way of life. Thousands of commercial fishermen and charter
boat captains depend on a healthy catch to make a living.
Tens of thousands of recreational fishermen spend their free time and
are personally invested in fishing, and hundreds of restaurants serve
red snapper to hundreds of thousands of visitors to the area every
year. Seafood is a $7 billion industry the Gulf, and red snapper is a
big part of it.
Like any valuable asset, we need to preserve our fisheries for future
generations. I applaud the chairman and the ranking member for opening
this dialogue about how we can improve current law, protect our ocean
resources, and best serve our constituents. Unfortunately, I think this
bill falls short in its current form.
My constituents tell me there are more red snapper in the Gulf than
there have been in a long time. I think that shows, at least in part,
that this law is working, but I also hear of widespread distrust of the
system and of the data that the system produces. In that regard,
Magnuson isn't working nearly as well as it could, and I want to
recognize some of the healthy reforms in this bill that could improve
the situation.
It is an extraordinary challenge to count all of the fish in the
sea--it is nearly as hard to count how many fish are being caught--but
I think we could do both better by getting the States and stakeholders
more involved and by promoting modern electronic monitoring
technologies as this bill does.
Despite those good provisions, Florida would not be Florida without
ample opportunities for recreational fishing and a robust commercial
fishing sector. While current law isn't perfect, I think the
contentious nature of this floor debate is a good indication that this
bill isn't going to do anything to narrow the divisions between
sectors.
The CHAIR. The time of the gentlewoman has expired.
Mr. GRIJALVA. I yield the gentlewoman an additional 30 seconds.
Ms. GRAHAM. The better alternative is to keep doing what is working
and to improve data collection techniques where they are lacking.
To that end, I am proud to support an increase of $10 million,
included in the CJS appropriations bill, aimed at improving the stock
assessments and research needs for Gulf of Mexico fish stocks. These
are the kinds of efforts that build real confidence in the fishery. I
look forward to a meaningful conversation about how we can work
together going forward.
Mr. BISHOP of Utah. Mr. Chairman, I appreciate the courtesy you gave
to the gentlewoman from Florida in allowing her to finish her
statement. She illustrates very clearly how the problems that exist are
structural problems that can't simply be solved if we just add more
money to the situation.
To further that issue, I yield 4 minutes to the gentleman from Texas
(Mr. Weber).
Mr. WEBER of Texas. Mr. Chairman, I thank the gentlewoman from
Florida for her comments.
In Texas, we have a great snapper fishing industry as well--anglers,
recreational. We have charter boat captains. We have a lot of
commercial industry as well. By the way, my daughter and first three
grandchildren live in Florida, so Florida is my second home.
Mr. Chairman, I rise to talk about H.R. 1335 and a proposed amendment
by the gentleman from Louisiana, my great friend, Garret Graves, to
change the snapper fishing system.
The problem is that the plan that has been developed in his amendment
is actually a plan that was developed by five people in secrecy who
want to change the way NOAA does things and turn it over to the five
States. That is a bad idea, and I will tell you why for just a whole
bunch of reasons.
The current plan has been working since 2007, which actually doubled
the population of snapper. Indeed, it has provided a 30 percent
increase in the quota this very season. Businesses have been working
all along the Texas coast and--to my gentlewoman friend from Florida--
the Florida coast and the whole Gulf Coast area to develop lasting
fisheries because their livelihoods depend on it.
Mr. Chairman, I am an air conditioning contractor. We have an air
conditioning commission there in Texas that regulates us. We want
people on that commission who understand the HVAC industry. We do
everything in the industry to promote the industry, to make sure that
we have a good, stable industry that takes care of customers in Texas.
I have to know and believe that it is the same way about the fishing
industry. They want the fisheries to last. Restaurants depend on it.
Americans depend on it. It is not just the anglers but those who want
to go eat at some of the restaurants the gentlewoman from Florida
referenced. There are a lot of groups opposed to Mr. Graves'
amendment--the National Restaurant Association, the Texas Restaurant
Association. Mr. Chairman, I have a list of 42 others.
Gulf red snapper is an American treasure, and it should be accessible
to all, not just to those who can get a boat and a trailer and go fish
for themselves. They ought to be available to all of the restaurants.
We have heard the facts and figures about the number of jobs and the
amount of revenue that have been brought in and how big that industry
is.
My good friend from Louisiana, Dr. John Fleming, who is a member of
the committee, has publicly stated that some tweaking is needed, but by
all three groups of stakeholders: charter boat fishing, the commercial
fishing industry, and the individual anglers. I heard with my own ears
the chairman of the Natural Resources Committee state his willingness
to work with all three groups in the coming days.
Mr. Chairman, government should not be in the business of picking
winners and losers. To allow the group of five States to implement a
plan--an unknown plan, I might add--would only put pressure on those
individual States to outsupply the other States with a longer fishing
season to attract anglers, tourists, and their money to outcompete the
other States.
Fisheries would be devastated, and the livelihoods, jobs, and markets
that are supplying red snapper to restaurants all across the country
would be gone. Ultimately, it is the American consumers, who have come
to like the
[[Page H3597]]
local seafood, who would be disenfranchised, not to mention the
businesses that supply them.
Let's not throw the baby out with the bathwater or, dare I say, the
fish with the saltwater. Let's bring all parties together in a
thoughtful, deliberate, meaningful discussion that benefits all
involved, not just a few.
For this reason, Mr. Chairman, I urge my colleagues to vote against
the gentleman from Louisiana's amendment, well intentioned though it
may be.
Mr. GRIJALVA. Mr. Chairman, may I inquire as to how much time
remains?
The CHAIR. The gentleman from Arizona has 14 minutes remaining.
Mr. GRIJALVA. Mr. Chairman, I yield 2 minutes to my esteemed
colleague from California (Mr. Lowenthal), a member of the Natural
Resources Committee.
Mr. LOWENTHAL. Mr. Chairman, if gutting the successful conservation
provisions of Magnuson were not enough, the problem also is that this
bill will also weaken other bedrock environmental laws.
First, it makes Magnuson then in this reauthorization the controlling
statute in the case of any kind of conflict with the Antiquities Act or
the National Marine Sanctuaries Act.
If we think about this, there is no rationale for giving the councils
that are authorized in Magnuson the authority to regulate fishing in
marine sanctuaries or in monuments. Those areas represent just a tiny
fraction of U.S. waters, and now, they are managed by scientists and
other staff who consider more than just fishing interests.
We are really here to understand how do we balance fishing with the
other purposes in order to protect vulnerable species and habitats. For
the same reason that we don't allow State fish and game departments to
make decisions about hunting in national parks or monuments on land,
which we don't allow, these councils should not make decisions about
fishing in our parks, our national marine sanctuaries, or in our
national monuments at sea, but that is not enough.
The bill also takes a swipe at the Endangered Species Act by
requiring these councils, not Federal agencies which are now
responsible for the recovery of species, to implement the fishery
restrictions necessary for Endangered Species compliance. These
councils lack expertise, and they lack the resources to implement the
Endangered Species Act.
What are we going to end up with? We are going to end up with
recoveries that are going to be delayed, and the negative impacts to
fishing communities are going to be prolonged, just the very thing that
we wish not to happen.
The CHAIR. The time of the gentleman has expired.
Mr. GRIJALVA. Mr. Chairman, I yield the gentleman an additional 1
minute.
Mr. LOWENTHAL. As I said before, these assaults on key conservation
laws are far outside the scope of a fisheries bill. We are really
talking about a fisheries bill. We should not be talking about gutting
key conservation laws.
It is unfortunate that an historically bipartisan effort like the
Magnuson reauthorization has now become the subject of an
antienvironmental crusade.
Mr. BISHOP of Utah. Mr. Chairman, I yield 2 minutes to the gentleman
from Georgia (Mr. Austin Scott), who will address an issue that will be
part of this bill and the discussion as it comes up.
Mr. AUSTIN SCOTT of Georgia. I thank the chairman, and I would also
like to thank Don Young for helping those of us recreational anglers as
we try to remedy an injustice that has been done to the American
sportsmen of the Gulf of Mexico.
I have listened to some of my colleagues say we should be fair and
people should come to the table. Let me tell you what is happening at
the table.
Mr. Chairman, the commercial fishermen get to fish 365 days a year
for red snapper in the Gulf of Mexico. They get to use long lines and
winches; yet the National Marine Fisheries Services and Dr. Roy
Crabtree, through the Gulf Council, have chosen to limit to 10 days the
man and the woman who just want to take their kid fishing, 10 days.
They think, by expanding the recreational season back to where it was
before, that somehow that would hurt the fish in the Gulf of Mexico.
{time} 1630
Now they tell us that the reason they have had to cut us to 10 days
is because there are so many more fish today and they are so much
larger today that the recreational fishermen simply catch them much
faster.
Well, in 2007, the recreational angler had 194 days to fish with
their families in the Gulf of Mexico--194 days. In 8 years, they have
taken the American family, the American sportsman, down to simply 10
days. It is proof that the American sportsman doesn't have a chance
with the Federal Government in charge of the rulemaking process in the
Gulf of Mexico with regard to the recreational snapper season.
The Garrett amendment, which I support, as I support the chairman's
main piece of legislation, would simply give the States the right to
set, based on science--not some arbitrary number, but based on
science--the recreational seasons and bag limits for the recreational
angler in the Gulf of Mexico.
Mr. Chairman, that is the only way--that is the only way--that the
recreational season will be restored as we, the recreational anglers,
were promised it would be restored when the stocks came back.
Now, one of the things I think we also need to discuss as we go
forward with regard to snapper is who do the snapper belong to.
The CHAIR. The time of the gentleman has expired.
Mr. BISHOP of Utah. I yield an additional 30 seconds to the
gentleman.
Mr. AUSTIN SCOTT of Georgia. Mr. Chairman, there are about 300 people
that are currently allocated about 50 percent of the fish, the red
snapper, in the Gulf of Mexico. When the commercial quota goes up, they
automatically get an increase. Those fish belong to the public, and I
think it is time to discuss whether or not any increase in the
commercial quota should actually come and be auctioned as any other
public resource would be when we made those additional resources
available.
For now, the Garrett amendment goes a long way towards restoring the
rights of the American angler, and I certainly hope that this House
will support it.
Mr. GRIJALVA. Mr. Chairman, I yield myself such time as I may
consume.
In closing, Congress first enacted the Fishery Conservation and
Management Act in 1976, and the primary goals were two: to end the
unregulated fishing by foreign fleets in U.S. waters, and to develop
our domestic fleets that could reap the economic benefits of all the
fishery resources, considerable resources that our Nation had.
The law worked. Foreign fishing was phased out and investments in
domestic fleets were increased. Unfortunately, this capitalization
worked so well that domestic fishing soon replaced foreign fleets in
overexploiting U.S. fisheries.
In 1996 to 2007, the reauthorizations were enacted to end
overfishing, period, promote rebuilding of overfished stocks, protect
fish habitats, improve fisheries and habitats, and minimize bycatch.
These changes ended overfishing in nearly all fisheries and put
overfished stocks on a path to rebuilding. Most important, they
insulated fishery management councils from pressure to make politically
driven decisions that hurt fishing communities in the long run.
Contrary to those previous reauthorizations, H.R. 1335 was developed
with very little input from Democrats and was ordered reported on a
party line. I should note, at the last reauthorization, the other body
made significant changes to the House-passed legislation and created a
more bipartisan template that many of us could support.
The supporters of this bill will argue that the requirement to
rebuild overfished stocks needs more flexibility, but the Magnuson Act
has already proven to be plenty flexible. The law allows councils to
delay rebuilding when the biology of the stock environmental conditions
or international management considerations present challenges. Because
of these broad but fair exemptions, more than 50 percent of all
overfished stocks have rebuilding plans longer than a 10-year baseline
in the act.
Further, current law gives councils 2 years to put a rebuilding plan
in place and an additional year to reduce, rather than end,
overfishing. That is 3 years of lead time before significant harvest
restrictions go into effect.
[[Page H3598]]
What is more, the act only requires a rebuilding plan to have a 50
percent likelihood of success. If a council loses this coin flip, it
does not have to shut down the fishery; instead, it has to start over.
This is exactly how things have played out over the past few years with
Atlantic cod in New England, where many argue the act has been too
flexible.
History shows us that when councils have an excuse to delay
rebuilding overfished stocks, the job will never get done. This bill
makes up the following excuses that allow councils to avoid rebuilding:
It is too hard to work with other countries that may be impacting the
stock of the fish, so we should just catch more, too, and deplete the
stock faster;
The stock of the fish cannot be rebuilt by only limited fishing, so
there is no point to trying to limit fishing if the effort is 99
percent of the problem;
It is inconvenient to rebuild the overfished stocks that swim with
healthy stocks, so we should just keep catching the weak ones until
they are listed under the Endangered Species Act;
And my personal favorite, there are unusual events that make
rebuilding more difficult.
These excuses are each bad enough alone, but together they would
render the rebuilding requirements of Magnuson completely meaningless.
This bill would not give the Magnuson Act more flexibility; it would
break it. With that, I urge a ``no'' vote on the legislation.
I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, I yield myself such time as I may
consume.
There are some agencies of government that, if a bird were to fly
over the Capitol, they would claim credit for it. That, perhaps, is one
of the situations in which we find ourselves today. The problem is the
status quo is not effective; it is not working.
Those who work and live in this area deal with this industry. They
recognize that there is something that needs to be changed. That is
why, as I stated earlier, the Garden State Seafood Association said
there are problematic regulations that have not proven to function as
intended--that is, in the status quo--while the National Fisheries
Institute, another group that actually supports this bill, wants to do
so because it would more effectively coordinate with the councils who
are currently there.
We have a situation right now in which Southerners have spoken here--
the gentleman from Texas, the gentlewoman from Florida--about problems
that exist within the status quo. We are presenting, now, a bill that
is supported by those who are working in the industry, supported by
those who are commercial fishermen, and it is also supported by all the
groups that represent the recreational fishers. They realize that this
bill needs more flexibility.
To have a standard 10-year plan for every species when some of those
species don't last 10 years is silly; it lacks common sense. We need to
do that. There needs to be transparency, as some decisions are made
behind closed doors. This bill mandates that that would not be the
case. It needs to make sure that scientific data from all sources is
used and recognized. That is not happening in the status quo. There
needs to be the ability of cutting red tape.
Some people have talked about the change of NEPA without recognizing
first that the law already mandates a similar process to NEPA, which
has the exact same information. Requiring all these agencies to go
through their process and then go through NEPA does not add to
effectiveness or efficiency but does add to the opportunity of greater
litigation costs.
All those issues are addressed in this particular bill. It needs to
be reauthorized. We need to move forward. This is one of the bills that
has taken a long time. It is 4 years in the process, with lots of
discussion, lots of amendments. We are now moving this bill forward so
it can go to the Senate. They can work their will. We can come back to
a conference if necessary, but we must move forward in this for the
benefit of the communities that use this area as their livelihood as
well as this area as their recreation. The present system has flaws
that need to be fixed.
Mr. Chairman, I yield back the balance of my time.
Mr. THOMPSON of California. Mr. Chair, I rise today in opposition to
H.R. 1335, the Strengthening Fishing Communities and Increasing
Flexibility in Fisheries Management Act. This short-sighted legislation
undermines the longterm sustainability of fish populations putting fish
stocks, coastal communities, and our nation's economy at risk.
In California, we are fortunate to have access to one of the world's
most productive marine ecosystems. The California Current system drives
highly productive fisheries that support 158,000 jobs and more than $25
billion annually in commercial and recreational sales impacts.
Nationwide, fisheries generated $199 billion in sales impacts in 2012
and provided 1.7 million jobs. Commercial and recreational fisheries
are a critical part of this nation's economy whose continued prosperity
depends on getting fisheries management right.
In 2015, California entered its fourth year of extreme drought. This
winter's snowpack levels were the lowest since 1950 and precipitation
levels are at critical lows. That spells bad news for California
salmon. High water temperatures lead to poor survival and low flows
leave salmon stranded in drying pools. Unfortunately, this is not the
first time we have faced this problem. In 2008, low flows and high in-
stream temperatures coupled with low ocean productivity caused a crash
in salmon populations, and for the first time since 1848, the
California salmon fishery was closed and declared a federal fishery
disaster. The Pacific Fishery Management Council had already prepared a
fishery management plan for salmon, in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act (MSA) guidelines, that
prompted the fishery closure and set strict limits on harvest while the
stock was rebuilding. Since the closure, salmon fisheries have
rebounded, due in no small part to the swift action of the Council
under the fishery management plan and rebuilding guidelines established
by the MSA.
While we cannot make it rain in California, we can ensure that well-
informed management of offshore salmon fisheries do not jeopardize the
sustainability of this commercially-valuable species. The more fish we
conserve in the ocean, the more return to streams to spawn, increasing
our chances of making it through this drought with a salmon fishery
intact.
The fact is, MSA is working. The implementation of stock rebuilding
plans and annual catch limits have resulted in the recovery of 37 fish
stocks since 2000. NOAA's 2014 Status of Stocks report indicates that
fish stocks that are overfished or subject to overfishing are at an
all-time low. This is a far cry from the overexploited, overcapitalized
fisheries of the past. We should be moving forward to build on those
successes, not rolling them back. Since 2006, commercial fisheries
revenue has risen 43 percent, and the rebuilding of all U.S. fish
stocks would provide an additional $31 billion in annual sales impacts
and support 500,000 new jobs. Instead, H.R. 1335 would delay rebuilding
timelines and allow exemptions to continue overfishing on depleted
stocks, which is both ecologically and economically irresponsible.
Current MSA provisions have proven their effectiveness in rebuilding
stocks and provide the way forward for realizing our fisheries' full
economic potential. There's something to be said for the old adage,
``If it's not broken, don't fix it.''
That's not to say that fisheries management should remain stagnant.
Just as scientific data collection and fisheries science is changing
and improving, our fisheries management statute should also change to
reflect the best available science. Fisheries managers and scientists
have acknowledged that there are areas for improvement, including
providing more clarity and flexibility within the current statutory
limits. To that end, NOAA's National Marine Fisheries Service is
currently undertaking a revision of the National Standard 1 guidelines,
the regulations that govern fisheries management objectives and stock
rebuilding timelines, to provide greater clarity on which fish stocks
require rebuilding plans, greater flexibility for rebuilding timelines,
and to incorporate the latest in ecosystem-based fisheries management.
The proposed revisions would address many of the concerns outlined in
this bill without undermining the critical conservation measures that
have led to MSA's success. The determination on how to best manage fish
stocks for a sustainable, profitable future is best left to the
scientists, not Members of Congress.
Our oceans are increasingly under threat from climate change and
ocean acidification, making strong, effective fisheries management more
critical than ever. Unfortunately, H.R. 1335 does not deliver and I
urge a NO vote on H.R. 1335.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
[[Page H3599]]
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Natural Resources, printed in the bill, it shall be in
order to consider as an original bill for the purpose of amendment
under the 5-minute rule an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 114-16. That amendment
in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 1335
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 ``Strengthening Fishing
Communities and Increasing Flexibility in Fisheries
Management Act''.
SEC. 2. DEFINITIONS.
In this Act, any term used that is defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802) shall have the same meaning such term has
under that section.
SEC. 3. REFERENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the reference shall
be considered to be made to a provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
SEC. 4. FLEXIBILITY IN REBUILDING FISH STOCKS.
(a) General Requirements.--Section 304(e) (16 U.S.C.
1854(e)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)(i), by striking ``possible'' and
inserting ``practicable'';
(B) by amending subparagraph (A)(ii) to read as follows:
``(ii) may not exceed the time the stock would be rebuilt
without fishing occurring plus one mean generation, except in
a case in which--
``(I) the biology of the stock of fish, other environmental
conditions, or management measures under an international
agreement in which the United States participates dictate
otherwise;
``(II) the Secretary determines that the cause of the stock
being depleted is outside the jurisdiction of the Council or
the rebuilding program cannot be effective only by limiting
fishing activities;
``(III) the Secretary determines that one or more
components of a mixed-stock fishery is depleted but cannot be
rebuilt within that time- frame without significant economic
harm to the fishery, or cannot be rebuilt without causing
another component of the mixed-stock fishery to approach a
depleted status;
``(IV) the Secretary determines that recruitment,
distribution, or life history of, or fishing activities for,
the stock are affected by informal transboundary agreements
under which management activities outside the exclusive
economic zone by another country may hinder conservation and
management efforts by United States fishermen; and
``(V) the Secretary determines that the stock has been
affected by unusual events that make rebuilding within the
specified time period improbable without significant economic
harm to fishing communities;'';
(C) by striking ``and'' after the semicolon at the end of
subparagraph (B), by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), and by inserting after
subparagraph (A) the following:
``(B) take into account environmental condition including
predator/prey relationships;''; and
(D) by striking the period at the end of subparagraph (D)
(as so redesignated) and inserting ``; and'', and by adding
at the end the following:
``(E) specify a schedule for reviewing the rebuilding
targets, evaluating environmental impacts on rebuilding
progress, and evaluating progress being made toward reaching
rebuilding targets.''; and
(2) by adding at the end the following:
``(8) A fishery management plan, plan amendment, or
proposed regulations may use alternative rebuilding
strategies, including harvest control rules and fishing
mortality-rate targets to the extent they are in compliance
with the requirements of this Act.
``(9) A Council may terminate the application of paragraph
(3) to a fishery if the Council's scientific and statistical
committee determines and the Secretary concurs that the
original determination that the fishery was depleted was
erroneous, either--
``(A) within the 2-year period beginning on the effective
date a fishery management plan, plan amendment, or proposed
regulation for a fishery under this subsection takes effect;
or
``(B) within 90 days after the completion of the next stock
assessment after such determination.''.
(b) Emergency Regulations and Interim Measures.--Section
305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking
``180 days after'' and all that follows through ``provided''
and inserting ``1 year after the date of publication, and may
be extended by publication in the Federal Register for one
additional period of not more than 1 year, if''.
SEC. 5. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.
Section 302 (16 U.S.C. 1852) is amended by adding at the
end the following:
``(m) Considerations for Modifications to Annual Catch
Limit Requirements.--
``(1) Consideration of ecosystem and economic impacts.--In
establishing annual catch limits a Council may, consistent
with section 302(h)(6), consider changes in an ecosystem and
the economic needs of the fishing communities.
``(2) Limitations to annual catch limit requirement for
special fisheries.--Notwithstanding subsection (h)(6), a
Council is not required to develop an annual catch limit
for--
``(A) an ecosystem component species;
``(B) a fishery for a species that has a life cycle of
approximately 1 year, unless the Secretary has determined the
fishery is subject to overfishing; or
``(C) a stock for which--
``(i) more than half of a single-year class will complete
their life cycle in less than 18 months; and
``(ii) fishing mortality will have little impact on the
stock.
``(3) Relationship to international fishery efforts.--Each
annual catch limit may, consistent with section 302(h)(6),
take into account--
``(A) management measures under international agreements in
which the United States participates;
``(B) informal transboundary agreements under which fishery
management activities by another country outside the
exclusive economic zone may hinder conservation efforts by
United States fishermen for a fish species for which any of
the recruitment, distribution, life history, or fishing
activities are transboundary; and
``(C) in instances in which no transboundary agreement
exists, activities by another country outside the exclusive
economic zone that may hinder conservation efforts by United
States fisherman for a fish species for which any of the
recruitment, distribution, life history, or fishing
activities are transboundary.
``(4) Authorization for multispecies complexes and
multiyear annual catch limits.--For purposes of subsection
(h)(6), a Council may establish--
``(A) an annual catch limit for a stock complex; or
``(B) annual catch limits for each year in any continuous
period that is not more than three years in duration.
``(5) Ecosystem component species defined.--In this
subsection the term `ecosystem component species' means a
stock of fish that is a nontarget, incidentally harvested
stock of fish in a fishery, or a nontarget, incidentally
harvested stock of fish that a Council or the Secretary has
determined--
``(A) is not subject to overfishing, approaching a depleted
condition or depleted; and
``(B) is not likely to become subject to overfishing or
depleted in the absence of conservation and management
measures.''.
SEC. 6. DISTINGUISHING BETWEEN OVERFISHED AND DEPLETED.
(a) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(1) in paragraph (34), by striking ``The terms
`overfishing' and `overfished' mean'' and inserting ``The
term `overfishing' means''; and
(2) by inserting after paragraph (8) the following:
``(8a) The term `depleted' means, with respect to a stock
of fish or stock complex, that the stock or stock complex has
a biomass that has declined below a level that jeopardizes
the capacity of the stock or stock complex to produce maximum
sustainable yield on a continuing basis.''.
(b) Substitution of Term.--The Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) is
amended--
(1) in the heading of section 304(e), by striking
``Overfished'' and inserting ``Depleted''; and
(2) by striking ``overfished'' each place it appears and
inserting ``depleted''.
(c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C.
1854(e)(1)) is amended by adding at the end the following:
``The report shall distinguish between fisheries that are
depleted (or approaching that condition) as a result of
fishing and fisheries that are depleted (or approaching that
condition) as a result of factors other than fishing. The
report shall state, for each fishery identified as depleted
or approaching that condition, whether the fishery is the
target of directed fishing.''.
SEC. 7. TRANSPARENCY AND PUBLIC PROCESS.
(a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B))
is amended by adding at the end the following: ``Each
scientific and statistical committee shall develop such
advice in a transparent manner and allow for public
involvement in the process.''.
(b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is
amended by adding at the end the following:
``(G) Each Council shall make available on the Internet Web
site of the Council--
``(i) to the extent practicable, a Webcast, an audio
recording, or a live broadcast of each meeting of the
Council, and of the Council Coordination Committee
established under subsection (l), that is not closed in
accordance with paragraph (3); and
``(ii) audio, video (if the meeting was in person or by
video conference), or a searchable audio or written
transcript of each meeting of the Council and of the meetings
of committees referred to in section 302(g)(1)(B) of the
Council by not later than 30 days after the conclusion of the
meeting.
``(H) The Secretary shall maintain and make available to
the public an archive of Council and scientific and
statistical committee meeting audios, videos, and transcripts
made available under clauses (i) and (ii) of subparagraph
(G).''.
(c) Fishery Impact Statements.--
(1) Requirement.--Section 303 (16 U.S.C. 1853) is amended--
(A) in subsection (a), by striking paragraph (9) and
redesignating paragraphs (10) through (15) as paragraphs (9)
through (14), respectively; and
[[Page H3600]]
(B) by adding at the end the following:
``(d) Fishery Impact Statement.--
``(1) Any fishery management plan (or fishery management
plan amendment) prepared by any Council or by the Secretary
pursuant to subsection (a) or (b), or proposed regulations
deemed necessary pursuant to subsection (c), shall include a
fishery impact statement which shall assess, specify and
analyze the likely effects and impact of the proposed action
on the quality of the human environment.
``(2) The fishery impact statement shall describe--
``(A) a purpose of the proposed action;
``(B) the environmental impact of the proposed action;
``(C) any adverse environmental effects which cannot be
avoided should the proposed action be implemented;
``(D) a reasonable range of alternatives to the proposed
action;
``(E) the relationship between short-term use of fishery
resources and the enhancement of long-term productivity;
``(F) the cumulative conservation and management effects;
and
``(G) economic, and social impacts of the proposed action
on--
``(i) participants in the fisheries and fishing communities
affected by the proposed action;
``(ii) participants in the fisheries conducted in adjacent
areas under the authority of another Council, after
consultation with such Council and representatives of those
participants; and
``(iii) the safety of human life at sea, including whether
and to what extent such measures may affect the safety of
participants in the fishery.
``(3) A substantially complete fishery impact statement,
which may be in draft form, shall be available not less than
14 days before the beginning of the meeting at which a
Council makes its final decision on the proposal (for plans,
plan amendments, or proposed regulations prepared by a
Council pursuant to subsection (a) or (c)). Availability of
this fishery impact statement will be announced by the
methods used by the council to disseminate public information
and the public and relevant government agencies will be
invited to comment on the fishery impact statement.
``(4) The completed fishery impact statement shall
accompany the transmittal of a fishery management plan or
plan amendment as specified in section 304(a), as well as the
transmittal of proposed regulations as specified in section
304(b).
``(5) The Councils shall, subject to approval by the
Secretary, establish criteria to determine actions or classes
of action of minor significance regarding subparagraphs (A),
(B), (D), (E), and (F) of paragraph (2), for which
preparation of a fishery impact statement is unnecessary and
categorically excluded from the requirements of this section,
and the documentation required to establish the exclusion.
``(6) The Councils shall, subject to approval by the
Secretary, prepare procedures for compliance with this
section that provide for timely, clear, and concise analysis
that is useful to decisionmakers and the public, reduce
extraneous paperwork and effectively involve the public,
including--
``(A) using Council meetings to determine the scope of
issues to be addressed and identifying significant issues
related to the proposed action;
``(B) integration of the fishery impact statement
development process with preliminary and final Council
decisionmaking in a manner that provides opportunity for
comment from the public and relevant government agencies
prior to these decision points; and
``(C) providing scientific, technical, and legal advice at
an early stage of the development of the fishery impact
statement to ensure timely transmittal and Secretarial review
of the proposed fishery management plan, plan amendment, or
regulations to the Secretary.
``(7) Actions taken in accordance with this section are
deemed to fulfill the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
all related implementing regulations.''.
(2) Evaluation of adequacy.--Section 304(a)(2) (16 U.S.C.
1854(a)(2)) is amended by striking ``and'' after the
semicolon at the end of subparagraph (B), striking the period
at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following:
``(D) evaluate the adequacy of the accompanying fishery
impact statement as basis for fully considering the
environmental impacts of implementing the fishery management
plan or plan amendment.''.
(3) Review of regulations.--Section 304(b) (16 U.S.C.
1854(b)) is amended by striking so much as precedes
subparagraph (A) of paragraph (1) and inserting the
following:
``(b) Review of Regulations.--
``(1) Upon transmittal by the Council to the Secretary of
proposed regulations prepared under section 303(c), the
Secretary shall immediately initiate an evaluation of the
proposed regulations to determine whether they are consistent
with the fishery management plan, plan amendment, this Act
and other applicable law. The Secretary shall also
immediately initiate an evaluation of the accompanying
fishery impact statement as a basis for fully considering the
environmental impacts of implementing the proposed
regulations. Within 15 days of initiating such evaluation the
Secretary shall make a determination and--''.
(4) Effect on time requirements.--Section 305(e) (16 U.S.C.
1855(e)) is amended by inserting ``the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),'' after ``the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.),''.
SEC. 8. LIMITATION ON FUTURE CATCH SHARE PROGRAMS.
(a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is
amended by inserting after paragraph (2) the following:
``(2a) The term `catch share' means any fishery management
program that allocates a specific percentage of the total
allowable catch for a fishery, or a specific fishing area, to
an individual, cooperative, community, processor,
representative of a commercial sector, or regional fishery
association established in accordance with section
303A(c)(4), or other entity.''.
(b) Catch Share Referendum Pilot Program.--
(1) In general.--Section 303A(c)(6)(D) (16 U.S.C.
1853a(c)(6)(D)) is amended to read as follows:
``(D) Catch share referendum pilot program.--
``(i) The New England, Mid-Atlantic, South Atlantic, and
Gulf of Mexico Councils may not submit a fishery management
plan or amendment that creates a catch share program for a
fishery, and the Secretary may not approve or implement such
a plan or amendment submitted by such a Council or a
secretarial plan or amendment under section 304(c) that
creates such a program, unless the final program has been
approved, in a referendum in accordance with this
subparagraph, by a majority of the permit holders eligible to
participate in the fishery. For multispecies permits in the
Gulf of Mexico, any permit holder with landings from within
the sector of the fishery being considered for the catch
share program within the 5-year period preceding the date of
the referendum and still active in fishing in the fishery
shall be eligible to participate in such a referendum. If a
catch share program is not approved by the requisite number
of permit holders, it may be revised and submitted for
approval in a subsequent referendum.
``(ii) The Secretary may, at the request of the New England
Fishery Management Council, allow participation in such a
referendum for a fishery under the Council's authority, by
fishing vessel crewmembers who derive a significant portion
of their livelihood from such fishing.
``(iii) The Secretary shall conduct a referendum under this
subparagraph, including notifying all permit holders eligible
to participate in the referendum and making available to
them--
``(I) a copy of the proposed program;
``(II) an estimate of the costs of the program, including
costs to participants;
``(III) an estimate of the amount of fish or percentage of
quota each permit holder would be allocated; and
``(IV) information concerning the schedule, procedures, and
eligibility requirements for the referendum process.
``(iv) For the purposes of this subparagraph, the term
`permit holder eligible to participate' only includes the
holder of a permit for a fishery under which fishing has
occurred in 3 of the 5 years preceding a referendum for the
fishery, unless sickness, injury, or other unavoidable
hardship prevented the permit holder from engaging in such
fishing.
``(v) The Secretary may not implement any catch share
program for any fishery managed exclusively by the Secretary
unless first petitioned by a majority of those permit holders
eligible to participate in the fishery.''.
(2) Limitation on application.--The amendment made by
paragraph (1) shall not apply to a catch share program that
is submitted to, or proposed by, the Secretary of Commerce
before the date of enactment of this Act.
(3) Regulations.--Before conducting a referendum under the
amendment made by paragraph (1), the Secretary of Commerce
shall issue regulations implementing such amendment after
providing an opportunity for submission by the public of
comments on the regulations.
SEC. 9. REPORT ON FEE.
Section 304(d)(2) (16 U.S.C. 1854(d)(2)) is amended by
adding at the end the following:
``(D) The Secretary shall report annually on the amount
collected under this paragraph from each fishery and detail
how the funds were spent in the prior year on a fishery-by-
fishery basis, to--
``(i) Congress; and
``(ii) each Council from whose fisheries the fee under this
paragraph were collected.''.
SEC. 10. DATA COLLECTION AND DATA CONFIDENTIALITY.
(a) Electronic Monitoring.--
(1) Issuance of regulations.--
(A) Requirement.--The Secretary shall issue regulations
governing the use of electronic monitoring for the purposes
of monitoring fisheries that are subject to the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(B) Content.--The regulations shall--
(i) distinguish between monitoring for data collection and
research purposes and monitoring for compliance and
enforcement purposes; and
(ii) include minimum criteria, objectives, or performance
standards for electronic monitoring.
(C) Process.--In issuing the regulations the Secretary
shall--
(i) consult with the Councils and fishery management
commissions;
(ii) publish the proposed regulations; and
(iii) provide an opportunity for the submission by the
public of comments on the proposed regulations.
(2) Implementation of monitoring.--
(A) In general.--Subject to subparagraph (B), and after the
issuance of the final regulations, a Council, or the
Secretary for fisheries referred to in section 302(a)(3) of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852(a)(3)), may, in accordance with the
regulations, on a fishery-by-fishery basis and consistent
with the existing objectives and management goals of a
fishery management plan and the Act for a fishery issued by
the Council or the Secretary, respectively, amend such plan--
[[Page H3601]]
(i) to incorporate electronic monitoring as an alternative
tool for data collection and monitoring purposes or for
compliance and enforcement purposes (or both); and
(ii) to allow for the replacement of a percentage of on-
board observers with electronic monitoring.
(B) Comparability.--Subparagraph (A) shall apply to a
fishery only if the Council or Secretary, respectively,
determines that such monitoring will yield comparable data
collection and compliance results.
(3) Pilot projects.--Before the issuance of final
regulations, a Council, or the Secretary for fisheries
referred to in section 302(a)(3), may, subject to the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act, on a fishery-by-fishery basis, and consistent
with the existing objectives and management goals of a
fishery management plan for a fishery issued by the Council
or the Secretary, respectively, conduct a pilot project for
the use of electronic monitoring for the fishery.
(4) Deadline.--The Secretary shall issue final regulations
under this subsection by not later than 12 months after the
date of enactment of this Act.
(b) Video and Acoustic Survey Technologies.--The Secretary
shall work with the Regional Fishery Management Councils and
nongovernmental entities to develop and implement the use
pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) of video survey
technologies and expanded use of acoustic survey
technologies.
(c) Confidentiality of Information.--
(1) In general.--Section 402(b) (16 U.S.C. 1881a(b)) is
amended--
(A) in paragraph (1)--
(i) by amending subparagraph (B) to read as follows:
``(B) to State or Marine Fisheries Commission employees as
necessary for achievement of the purposes of this Act,
subject to a confidentiality agreement between the State or
Commission, respectively, and the Secretary that prohibits
public disclosure of the identity of any person and of
confidential information;'';
(ii) in subparagraph (E), by striking ``limited access''
and inserting ``catch share''; and
(iii) in subparagraph (G), by striking ``limited access''
and inserting ``catch share'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``, and information obtained through a vessel monitoring
system or other technology used onboard a fishing vessel for
enforcement or data collection purposes,'' after
``information'';
(ii) by striking ``or'' after the semicolon at the end of
subparagraph (B); and
(iii) by striking subparagraph (C) and inserting the
following:
``(C) as authorized by any regulations issued under
paragraph (6) allowing the collection of observer
information, pursuant to a confidentiality agreement between
the observers, observer employers, and the Secretary
prohibiting disclosure of the information by the observers or
observer employers, in order--
``(i) to allow the sharing of observer information among
observers and between observers and observer employers as
necessary to train and prepare observers for deployments on
specific vessels; or
``(ii) to validate the accuracy of the observer information
collected; or
``(D) to other persons if the Secretary has obtained
written authorization from the person who submitted such
information or from the person on whose vessel the
information was collected, to release such information for
reasons not otherwise provided for in this subsection.'';
(C) by redesignating paragraph (3) as paragraph (6); and
(D) by inserting after paragraph (2) the following:
``(3) Any information submitted to the Secretary, a State
fisheries management agency, or a Marine Fisheries Commission
by any person in compliance with the requirements of this
Act, including confidential information, may only be used for
purposes of fisheries management and monitoring and
enforcement under this Act.
``(4) The Secretary may enter into a memorandum of
understanding with the heads of other Federal agencies for
the sharing of confidential information to ensure safety of
life at sea or for fisheries enforcement purposes, including
information obtained through a vessel monitoring system or
other electronic enforcement and monitoring systems, if--
``(A) the Secretary determines there is a compelling need
to do so; and
``(B) the heads of the other Federal agencies agree--
``(i) to maintain the confidentiality of the information in
accordance with the requirements that apply to the Secretary
under this section; and
``(ii) to use the information only for the purposes for
which it was shared with the agencies.
``(5) The Secretary may not provide any vessel-specific or
aggregate vessel information from a fishery that is collected
for monitoring and enforcement purposes to any person for the
purposes of coastal and marine spatial planning under
Executive Order 13547, unless the Secretary determines that
providing such information is important for maintaining or
enhancing national security or for ensuring fishermen
continued access to fishing grounds.''.
(2) Confidential information defined.--Section 3 (16 U.S.C.
1802) is further amended by inserting after paragraph (4) the
following:
``(4a) The term `confidential information' means--
``(A) trade secrets;
``(B) proprietary information;
``(C) observer information; and
``(D) commercial or financial information the disclosure of
which is likely to result in harm to the competitive position
of the person that submitted the information to the
Secretary.''.
(d) Increased Data Collection and Actions To Address Data-
Poor Fisheries.--Section 404 (16 U.S.C. 1881c) is amended by
adding at the end the following:
``(e) Use of the Asset Forfeiture Fund for Fishery
Independent Data Collection.--
``(1) In general.--
``(A) The Secretary, subject to appropriations, may
obligate for data collection purposes in accordance with
prioritizations under paragraph (3) a portion of amounts
received by the United States as fisheries enforcement
penalties.
``(B) Amounts may be obligated under this paragraph only in
the fishery management region with respect to which they are
collected.
``(2) Included purposes.--The purposes referred to in
paragraph (1) include--
``(A) the use of State personnel and resources, including
fishery survey vessels owned and maintained by States to
survey or assess data-poor fisheries for which fishery
management plans are in effect under this Act; and
``(B) cooperative research activities authorized under
section 318 to improve or enhance the fishery independent
data used in fishery stock assessments.
``(3) Data-poor fisheries priority lists.--Each Council
shall--
``(A) identify those fisheries in its region considered to
be data-poor fisheries;
``(B) prioritize those fisheries based on the need of each
fishery for up-to-date information; and
``(C) provide those priorities to the Secretary.
``(4) Definitions.--In this subsection:
``(A) The term `data-poor fishery' means a fishery--
``(i) that has not been surveyed in the preceding 5-year
period;
``(ii) for which a fishery stock assessment has not been
performed within the preceding 5-year period; or
``(iii) for which limited information on the status of the
fishery is available for management purposes.
``(B) The term `fisheries enforcement penalties' means any
fine or penalty imposed, or proceeds of any property seized,
for a violation of this Act or of any other marine resource
law enforced by the Secretary.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for each fiscal year to
carry out this subsection up to 80 percent of the fisheries
enforcement penalties collected during the preceding fiscal
year.''.
SEC. 11. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
Section 318 (16 U.S.C. 1867) is amended--
(1) in subsection (a), by inserting ``(1)'' before the
first sentence, and by adding at the end the following:
``(2) Within one year after the date of enactment of the
Strengthening Fishing Communities and Increasing Flexibility
in Fisheries Management Act, and after consultation with the
Councils, the Secretary shall publish a plan for implementing
and conducting the program established in paragraph (1). Such
plan shall identify and describe critical regional fishery
management and research needs, possible projects that may
address those needs, and estimated costs for such projects.
The plan shall be revised and updated every 5 years, and
updated plans shall include a brief description of projects
that were funded in the prior 5-year period and the research
and management needs that were addressed by those
projects.''; and
(2) in subsection (c)--
(A) in the heading, by striking ``Funding'' and inserting
``Priorities''; and
(B) in paragraph (1), by striking all after ``including''
and inserting an em dash, followed on the next line by the
following:
``(A) the use of fishing vessels or acoustic or other
marine technology;
``(B) expanding the use of electronic catch reporting
programs and technology; and
``(C) improving monitoring and observer coverage through
the expanded use of electronic monitoring devices.''.
SEC. 12. COUNCIL JURISDICTION FOR OVERLAPPING FISHERIES.
Section 302(a)(1) (16 U.S.C. 1852(a)) is amended--
(1) in subparagraph (A), in the second sentence--
(A) by striking ``18'' and inserting ``19''; and
(B) by inserting before the period at the end ``and a
liaison who is a member of the Mid-Atlantic Fishery
Management Council to represent the interests of fisheries
under the jurisdiction of such Council''; and
(2) in subparagraph (B), in the second sentence--
(A) by striking ``21'' and inserting ``22''; and
(B) by inserting before the period at the end ``and a
liaison who is a member of the New England Fishery Management
Council to represent the interests of fisheries under the
jurisdiction of such Council''.
SEC. 13. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND
RED SNAPPER MANAGEMENT.
(a) Repeal.--Section 407 (16 U.S.C. 1883), and the item
relating to such section in the table of contents in the
first section, are repealed.
(b) Reporting and Data Collection Program.--The Secretary
of Commerce shall--
(1) in conjunction with the States, the Gulf of Mexico
Fishery Management Council, and the recreational fishing
sectors, develop and implement a real-time reporting and data
collection program for the Gulf of Mexico red snapper fishery
using available technology; and
(2) make implementation of this subsection a priority for
funds received by the Secretary and allocated to this region
under section 2 of the Act of August 11, 1939 (commonly known
as the ``Saltonstall-Kennedy Act'') (15 U.S.C. 713c-3).
[[Page H3602]]
(c) Fisheries Cooperative Research Program.--The Secretary
of Commerce--
(1) shall, in conjunction with the States, the Gulf States
Marine Fisheries Commission and the Atlantic States Marine
Fisheries Commission, the Gulf of Mexico and South Atlantic
Fishery Management Councils, and the commercial, charter, and
recreational fishing sectors, develop and implement a
cooperative research program authorized under section 318 for
the fisheries of the Gulf of Mexico and South Atlantic
regions, giving priority to those fisheries that are
considered data-poor; and
(2) may, subject to the availability of appropriations, use
funds received by the Secretary under section 2 of the Act of
August 11, 1939 (commonly known as the ``Saltonstall-Kennedy
Act'') (15 U.S.C. 713c-3) to implement this subsection.
(d) Stock Surveys and Stock Assessments.--The Secretary of
Commerce, acting through the National Marine Fisheries
Service Regional Administrator of the Southeast Regional
Office, shall for purposes of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.)--
(1) develop a schedule of stock surveys and stock
assessments for the Gulf of Mexico Region and the South
Atlantic Region for the 5-year period beginning on the date
of the enactment of this Act and for every 5-year period
thereafter;
(2) direct the Southeast Science Center Director to
implement such schedule; and
(3) in such development and implementation--
(A) give priority to those stocks that are commercially or
recreationally important; and
(B) ensure that each such important stock is surveyed at
least every 5 years.
(e) Use of Fisheries Information in Stock Assessments.--The
Southeast Science Center Director shall ensure that fisheries
information made available through fisheries programs funded
under Public Law 112-141 is incorporated as soon as possible
into any fisheries stock assessments conducted after the date
of the enactment of this Act.
(f) State Fisheries Management in the Gulf of Mexico With
Respect to Red Snapper.--Section 306(b) (16 U.S.C. 1856(b))
is amended by adding at the end the following:
``(4) Notwithstanding section 3(11), for the purposes of
managing the recreational sector of the Gulf of Mexico red
snapper fishery, the seaward boundary of a coastal State in
the Gulf of Mexico is a line 9 miles seaward from the
baseline from which the territorial sea of the United States
is measured.''.
(g) Funding of Stock Assessments.--The Secretary of
Commerce and the Secretary of the Interior, acting through
the Bureau of Ocean Energy Management, shall enter into a
cooperative agreement for the funding of stock assessments
that are necessitated by any action by the Bureau with
respect to offshore oil rigs in the Gulf of Mexico that
adversely impacts red snapper.
SEC. 14. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION.
Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended--
(1) by striking ``was no'' and inserting ``is no''; and
(2) by striking ``on August 1, 1996''.
SEC. 15. ENSURING CONSISTENT MANAGEMENT FOR FISHERIES
THROUGHOUT THEIR RANGE.
(a) In General.--The Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) is amended by
inserting after section 4 the following:
``SEC. 5. ENSURING CONSISTENT FISHERIES MANAGEMENT UNDER
CERTAIN OTHER FEDERAL LAWS.
``(a) National Marine Sanctuaries Act and Antiquities Act
of 1906.--In any case of a conflict between this Act and the
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or
the Antiquities Act of 1906 (16 U.S.C. 431 et seq.), this Act
shall control.
``(b) Fisheries Restrictions Under Endangered Species Act
of 1973.--To ensure transparency and consistent management of
fisheries throughout their range, any restriction on the
management of fish in the exclusive economic zone that is
necessary to implement a recovery plan under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be
implemented--
``(1) using authority under this Act; and
``(2) in accordance with processes and time schedules
required under this Act.''.
(b) Clerical Amendment.--The table of contents in the first
section is amended by inserting after the item relating to
section 3 the following:
``Sec. 4. Authorization of appropriations.
``Sec. 5. Ensuring consistent fisheries management under certain other
Federal laws.''.
SEC. 16. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED
POLLOCK FISHERY.
Section 210(e)(1) of the American Fisheries Act (title II
of division C of Public Law 105-277; 16 U.S.C. 1851 note) is
amended to read as follows:
``(1) Harvesting.--
``(A) Limitation.--No particular individual, corporation,
or other entity may harvest, through a fishery cooperative or
otherwise, a percentage of the pollock available to be
harvested in the directed pollock fishery that exceeds the
percentage established for purposes of this paragraph by the
North Pacific Council.
``(B) Maximum percentage.--The percentage established by
the North Pacific Council shall not exceed 24 percent of the
pollock available to be harvested in the directed pollock
fishery.''.
SEC. 17. RECREATIONAL FISHING DATA.
(a) Recreational Data Collection.--Section 401(g) (16
U.S.C. 1881(g)) is amended by redesignating paragraph (4) as
paragraph (5), and by inserting after paragraph (3) the
following:
``(4) Federal-state partnerships.--
``(A) Establishment.--The Secretary shall establish
partnerships with States to develop best practices for
implementation of State programs established pursuant to
paragraph (2).
``(B) Guidance.--The Secretary shall develop guidance, in
cooperation with the States, that details best practices for
administering State programs pursuant to paragraph (2), and
provide such guidance to the States.
``(C) Biennial report.--The Secretary shall submit to the
Congress and publish biennial reports that include--
``(i) the estimated accuracy of the registry program
established under paragraph (1) and of State programs that
are exempted under paragraph (2);
``(ii) priorities for improving recreational fishing data
collection; and
``(iii) an explanation of any use of information collected
by such State programs and by the Secretary, including a
description of any consideration given to the information by
the Secretary.
``(D) States grant program.--The Secretary shall make
grants to States to improve implementation of State programs
consistent with this subsection. The Secretary shall
prioritize such grants based on the ability of the grant to
improve the quality and accuracy of such programs.''.
(b) Study on Recreational Fisheries Data.--Section 401(g)
(16 U.S.C. 1881(g)) is further amended by adding at the end
the following:
``(6) Study on program implementation.--
``(A) In general.--Not later than 60 days after the
enactment of this paragraph, the Secretary shall enter into
an agreement with the National Research Council of the
National Academy of Sciences to study the implementation of
the programs described in this section. The study shall--
``(i) provide an updated assessment of recreational survey
methods established or improved since the publication of the
Council's report `Review of Recreational Fisheries Survey
Methods (2006)';
``(ii) evaluate the extent to which the recommendations
made in that report were implemented pursuant to paragraph
(3)(B); and
``(iii) examine any limitations of the Marine Recreational
Fishery Statistics Survey and the Marine Recreational
Information Program established under paragraph (1).
``(B) Report.--Not later than 1 year after entering into an
agreement under subparagraph (A), the Secretary shall submit
a report to Congress on the results of the study under
subparagraph (A).''.
SEC. 18. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER
GULF OF MEXICO COUNCIL'S REEF FISH MANAGEMENT
PLAN.
(a) In General.--Title IV (16 U.S.C. 1881 et seq.) is
amended by adding at the end the following:
``SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED
UNDER GULF OF MEXICO COUNCIL'S REEF FISH
MANAGEMENT PLAN.
``(a) In General.--The Gulf States Marine Fisheries
Commission shall conduct all fishery stock assessments used
for management purposes by the Gulf of Mexico Fishery
Management Council for the fisheries managed under the
Council's Reef Fish Management Plan.
``(b) Use of Other Information and Assets.--
``(1) In general.--Such fishery assessments shall--
``(A) incorporate fisheries survey information collected by
university researchers; and
``(B) to the extent practicable, use State, university, and
private assets to conduct fisheries surveys.
``(2) Surveys at artificial reefs.--Any such fishery stock
assessment conducted after the date of the enactment of the
Strengthening Fishing Communities and Increasing Flexibility
in Fisheries Management Act shall incorporate fishery surveys
conducted, and other relevant fisheries information
collected, on and around natural and artificial reefs.
``(c) Constituent and Stakeholder Participation.--Each such
fishery assessment shall--
``(1) emphasize constituent and stakeholder participation
in the development of the assessment;
``(2) contain all of the raw data used in the assessment
and a description of the methods used to collect that data;
and
``(3) employ an assessment process that is transparent and
includes--
``(A) includes a rigorous and independent scientific review
of the completed fishery stock assessment; and
``(B) a panel of independent experts to review the data and
assessment and make recommendations on the most appropriate
values of critical population and management quantities.''.
(b) Clerical Amendment.--The table of contents in the first
section is amended by adding at the end of the items relating
to title IV the following:
``Sec. 408. Deep sea coral research and technology program.
``Sec. 409. Stock assessments used for fisheries managed under Gulf of
Mexico Council's Reef Fish Management Plan.''.
SEC. 19. ESTIMATION OF COST OF RECOVERY FROM FISHERY RESOURCE
DISASTER.
Section 312(a)(1) (16 U.S.C. 1861a(1)) is amended--
[[Page H3603]]
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating existing subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, of subparagraph
(A) (as designated by the amendment made by paragraph (1));
and
(3) by adding at the end the following:
``(B) The Secretary shall publish the estimated cost of
recovery from a fishery resource disaster no later than 30
days after the Secretary makes the determination under
subparagraph (A) with respect to such disaster.''.
SEC. 20. DEADLINE FOR ACTION ON REQUEST BY GOVERNOR FOR
DETERMINATION REGARDING FISHERY RESOURCE
DISASTER.
Section 312(a) (16 U.S.C. 1861a(a)) is amended by
redesignating paragraphs (2) through (4) as paragraphs (3)
through (5), and by inserting after paragraph (1) the
following:
``(2) The Secretary shall make a decision regarding a
request from a Governor under paragraph (1) within 90 days
after receiving an estimate of the economic impact of the
fishery resource disaster from the entity requesting the
relief.''.
SEC. 21. PROHIBITION ON CONSIDERING RED SNAPPER KILLED DURING
REMOVAL OF OIL RIGS.
Any red snapper that are killed during the removal of any
offshore oil rig in the Gulf of Mexico shall not be
considered in determining under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.)
whether the total allowable catch for red snapper has been
reached.
SEC. 22. PROHIBITION ON CONSIDERING FISH SEIZED FROM FOREIGN
FISHING.
Any fish that are seized from a foreign vessel engaged in
illegal fishing activities in the Exclusive Economic Zone
shall not be considered in determining under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) the total allowable catch for that fishery.
SEC. 23. SUBSISTENCE FISHING.
(a) Definition.--Section 3 (16 U.S.C. 1802) is amended by
inserting after paragraph (43) the following:
``(43a)(A) The term `subsistence fishing' means fishing in
which the fish harvested are intended for customary and
traditional uses, including for direct personal or family
consumption as food or clothing; for the making or selling of
handicraft articles out of nonedible byproducts taken for
personal or family consumption, for barter, or sharing for
personal or family consumption; and for customary trade.
``(B) In this paragraph--
``(i) the term `family' means all persons related by blood,
marriage, or adoption, or any person living within the
household on a permanent basis; and
``(ii) the term `barter' means the exchange of a fish or
fish part--
``(I) for another fish or fish part; or
``(II) for other food or for nonedible items other than
money if the exchange is of a limited and noncommercial
nature.''.
(b) Council Seat.--Section 302(b)(2) (16 U.S.C. 1852(b)(2))
is amended--
(1) in subparagraph (A), by striking ``or recreational''
and inserting ``, recreational, or subsistence fishing''; and
(2) in subparagraph (C), in the second sentence, by
inserting ``, and in the case of the Governor of Alaska with
the subsistence fishing interests of the State,'' after
``interests of the State''.
(c) Purpose.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is
amended by striking ``and recreational'' and inserting ``,
recreational, and subsistence''.
SEC. 24. INTER-SECTOR TRADING OF COMMERCIAL CATCH SHARE
ALLOCATIONS IN THE GULF OF MEXICO.
Section 301 (16 U.S.C. 1851) is amended by adding at the
end the following:
``(c) Inter-Sector Trading of Commercial Catch Share
Allocations in the Gulf of Mexico.--Notwithstanding any other
provision of this Act, any commercial fishing catch share
allocation in a fishery in the Gulf of Mexico may only be
traded by sale or lease within the same commercial fishing
sector.''.
SEC. 25. ARCTIC COMMUNITY DEVELOPMENT QUOTA.
Section 313 (16 U.S.C. 1862) is amended by adding at the
end the following:
``(k) Arctic Community Development Quota.--If the North
Pacific Fishery Management Council issues a fishery
management plan for the exclusive economic zone in the Arctic
Ocean, or an amendment to the Fishery Management Plan for
Fish Resources of the Arctic Management Area issued by such
Council, that makes available to commercial fishing, and
establishes a sustainable harvest level, for any part of such
zone, the Council shall set aside not less than 10 percent of
the total allowable catch therein as a community development
quota for coastal villages located north and east of the
Bering Strait.''.
SEC. 26. PREFERENCE FOR STUDENTS STUDYING WATER RESOURCE
ISSUES.
Section 402(e) (16 U.S.C. 1881a(e)) is amended by adding at
the end the following:
``(4) The Secretary shall require that in the hiring of
individuals to collect information regarding marine
recreational fishing under this subsection, preference shall
be given to individuals who are students studying water
resource issues at an institution of higher education.''.
SEC. 27. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND
GULF OF MEXICO MIXED-USE FISHERIES.
(a) Study of Allocations in Mixed-use Fisheries.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary of Commerce shall enter into an arrangement with
the National Academy of Sciences to conduct a study of the
South Atlantic and Gulf of Mexico mixed-use fisheries--
(1) to provide guidance to Regional Fishery Management
Councils established under section 302 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852) on criteria that could be used for allocating fishing
privileges, including consideration of the conservation and
socioeconomic benefits of the commercial, recreational, and
charter components of a fishery, in the preparation of a
fishery management plan under that Act;
(2) to identify sources of information that could
reasonably support the use of such criteria in allocation
decisions; and
(3) to develop procedures for allocation reviews and
potential adjustments in allocations based on the guidelines
and requirements established by this section.
(b) Process for Allocation Review and Establishment.--The
South Atlantic Fishery Management Council and the Gulf of
Mexico Fishery Management Council shall--
(1) within 2 years after the date of the enactment of this
Act, review the allocations of all mixed-use fisheries in the
Councils' respective jurisdictions; and
(2) every 3 years thereafter, perform subsequent reviews of
such allocations; and
(3) consider the conservation and socioeconomic benefits of
each sector in any allocation decisions for such fisheries.
SEC. 28. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended--
(1) by striking ``this Act'' and all that follows through
``(7)'' and inserting ``this Act''; and
(2) by striking ``fiscal year 2013'' and inserting ``each
of fiscal years 2015 through 2019''.
The CHAIR. No amendment to the amendment in the nature of a
substitute shall be in order except those printed in House Report 114-
128. Each such amendment may be offered only in the order printed in
the report, by a Member designated in the report, shall be considered
read, shall be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent, may be
withdrawn by the proponent at any time before action thereon, shall not
be subject to amendment, and shall not be subject to a demand for
division of the question.
Amendment No. 1 Offered by Mrs. Dingell
The CHAIR. It is now in order to consider amendment No. 1 printed in
House Report 114-128.
Mrs. DINGELL. I have an amendment at the desk, Mr. Chairman.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Beginning at page 14, strike line 15 and all that follows
through page 16, line 3 and insert closing quotation marks
and a following period.
The CHAIR. Pursuant to House Resolution 274, the gentlewoman from
Michigan (Mrs. Dingell) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Michigan.
Mrs. DINGELL. Mr. Chairman, the National Environmental Policy Act,
also called NEPA, is a critically important law, not only for
protecting the environment, but also for protecting the people's right
to participate in government decisionmaking. Sadly, H.R. 1335, the bill
we are considering today, would short-circuit public review and comment
on fisheries management decisions, casting NEPA aside in favor of an
inadequate, poorly defined process that would make regional fishery
management councils the ultimate arbiters of whether or not their own
decisions would impact coastal communities and ocean ecosystems.
Forcing important NEPA analysis to be fast-tracked onto a council's
timeline would eliminate crucial oversight steps that provide
stakeholders an opportunity to impact the public policy. While I know
my colleagues had good intentions, the practical impact of this
language means that local communities and businesses will not have the
same opportunity to comment and have input on decisions that will
impact their livelihood.
I don't think my colleagues on the other side of the aisle really
want to limit public participation in this manner. My amendment simply
strikes the harmful language from the bill that undermines NEPA because
limiting transparency and accountability is not the right thing to do.
[[Page H3604]]
NEPA has a simple premise: look before you leap. For decades, NEPA
has improved our environment and fostered fairness in our communities
by ensuring that government remains accountable to the people. The NEPA
process requires Federal agencies to review their proposed actions in
light of their potential impacts on the human environment: the places
where we all live, work, and play.
Most importantly, NEPA gives the public an opportunity to review and
comment on actions proposed by the government, adding unique
perspectives to the evaluation process that highly specialized,
mission-driven agencies might otherwise ignore. In that way, NEPA is
the ultimate check on Big Government, a uniquely American and
quintessentially democratic--small D--law written and executed to help
people protect their rights and freedoms. Our Founding Fathers would
certainly be proud.
I hope that my colleagues will agree that existing NEPA protections
should be preserved, and I ask that you vote in favor of my amendment.
I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, I claim time in opposition to the
amendment.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Utah. Mr. Chairman, in response to the amendment, I
simply have to say no, it does not assume the system.
We do have a problem with transparency in the process that we have.
The underlying bill changes that by requiring these decisions to be
made public and made openly, but the specific issue that dealing with
NEPA misses a step, misses an important point here.
Current law requires fishery management plans contain a fishery
impact statement. That is required by law now, required by the bill as
well. That is in line with everything you go through to do an
environmental impact statement under NEPA.
What this amendment would do is simply require the process to do
everything twice. You do a fishery impact statement first, and then you
restate and redo the same business with the same cost attached to it
for the NEPA analysis. That is simply red tape.
{time} 1645
It is an unnecessary delay. It makes some of the scientific
information obsolete before they are done. It burdens the management
and the resource council, which is why those, once again, who work in
this system have said this is an unnecessary part and one of the
reasons they like the efficiency that has been added by the basic,
underlying bill.
The most important reason, though, why you don't want to accept this
amendment is, if you add two different approaches, two different
statements that have to be made, you give attorneys two different
opportunities to litigate. You give more opportunities to litigate,
more opportunities to delay, and that is ridiculous. It lacks common
sense because you are doing the same thing in both processes. Cut the
red tape, cut the litigation opportunity, cut the delays, and help us
move forward.
I reject this amendment, and I reserve the balance of my time.
Mrs. DINGELL. Mr. Chairman, how much time do I have remaining?
The CHAIR. The gentlewoman from Michigan has 2 minutes remaining.
Mrs. DINGELL. I yield 1 minute to the gentlewoman from Maine (Ms.
Pingree).
Ms. PINGREE. Mr. Chairman, I rise today to support the Dingell
amendment.
As many of us in Congress know, our Nation's fisheries do not work on
artificial timelines. If we want to be sure that fishery plans are
getting the critical National Environmental Policy Act analysis that
conserve and preserve our resources, we can't force these NEPA studies
to be fast-tracked.
The underlying bill would force important environmental analyses to
be rushed and, therefore, cut stakeholders out of the process due to
rapid timelines.
At a time when we are trying to make sure that we keep stakeholders
engaged in the process, they would actually get less consideration
under the bill that we have on the floor today.
We need to ensure that our communities are given a chance to weigh in
on these plans, and in that process that we take a thorough look at the
environmental impacts of these plans.
My colleague has said that her amendment would restore common sense
and requires us to look before we leap. I couldn't agree more.
I urge my colleagues to oppose artificial timelines for environmental
reviews, and I urge my colleagues to support the Dingell amendment.
Mr. BISHOP of Utah. I reserve the balance of my time.
Mrs. DINGELL. Mr. Chairman, I want to quickly respond to some of the
comments made by the other side.
Federal agency responsibility for NEPA is effectively being
eliminated by this law and an alternative, undefined process is being
established hindering the public's ability to influence policies and
protect their rights.
Stakeholders, including businesses and individuals, would get less
consideration in the council process and would not have a way of
voicing their concerns and influencing the directions of plans or
projects that could threaten the environment or the livelihoods of
these people. It is simply common sense that plans to manage our
valuable resources be properly assessed before resources are harvested.
I urge adoption of my amendment, and I yield back the balance of my
time.
Mr. BISHOP of Utah. I yield 1 minute to the gentleman from Alaska
(Mr. Young), the sponsor of the bill.
Mr. YOUNG of Alaska. I would just, again, like to remind my
colleagues this was requested by the communities so there wouldn't be a
delay. We are not eliminating NEPA. There is already a process in the
Magnuson Act which was not there in the original act, I will say that,
and I did support it when it went in. But to duplicate it and to
require outside interests that they cannot respect those in the
community--which is really what her amendment would do. It lets other
outside interest groups get involved in this issue of sustainable
fisheries.
This has always been a fishery community bill, not an outside bill or
interest groups getting into the issues of sustainability and community
activity through transparency. What you do is you start a duplication
of the process. It is not necessary. We are not eliminating NEPA. We
are just adding to it.
Mr. BISHOP of Utah. Let me close by simply saying this. The
environmentally friendly approach would be not to accept this amendment
because think of all the trees you are going to save from reprinting an
extra report that says the same thing over again.
We are already doing this process in the law. Requiring NEPA plus the
fishery statement is simply a replication of the process that is
already there. It does not need to be there. You are not cutting anyone
out, as has been said. It is simply one of those things that you need
to do it the first time and do it right the first time, and you don't
have to redo it a second time to allow lawyers to then come up with
another chance to litigate one more time.
I reject the amendment. I urge its rejection.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Michigan (Mrs. Dingell).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mrs. DINGELL. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentlewoman from Michigan will be
postponed.
The Chair understands that amendment No. 2 will not be offered.
Amendment No. 3 Offered by Mr. Keating
The CHAIR. It is now in order to consider amendment No. 3 printed in
House Report 114-128.
Mr. KEATING. Mr. Chair, I rise to offer an amendment.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 28, line 7, strike ``and''.
Page 28, line 11, strike the period and insert ``; and''.
Page 28, after line 11, insert the following:
``(C) fishery research and independent stock assessments,
conservation gear engineering, at-sea and shoreside
monitoring, fishery impact statements, and other priorities
established by the Council as necessary
[[Page H3605]]
to rebuild or maintain sustainable fisheries, ensure healthy
ecosystems, and maintain fishing communities.''.
The CHAIR. Pursuant to House Resolution 274, the gentleman from
Massachusetts (Mr. Keating) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Mr. Chairman, my amendment builds off of years of
efforts to reform the use of the asset forfeiture fund. During this
time, NOAA has conducted internal reviews and audits for the use of
asset forfeiture monies. Yet I believe it is important that we
authorize specific uses to help our struggling fishermen and, at the
same time, promote sustainable fishing.
My amendment would ensure that forfeiture funds are used for five
things: first, enhancing fishery research and stock assessments. This
bill authorizes the use of State personnel and resources, things like
cooperative research between industry and public science and use of
vessels to serve a data-poor fisheries. My amendment expands beyond
data-poor fisheries by authorizing broader use of forfeiture funds for
research and independent stock assessments.
This is particularly important in the Northeast, where timely
information may be the difference between the success or failure of a
small fishing business.
Secondly, it deals with at-sea and shoreside monitoring. If there is
one concern that I have heard consistently voiced from fishermen from
New Bedford to the South Shore to Provincetown in Massachusetts, it is
the transition of funding for monitoring from NOAA to fishermen.
It has been nearly 3 years since the Department of Commerce declared
a fishing disaster in the Northeast. As the fishing industry continues
to face the long-term challenges coming back from this disaster, this
is no time to switch the burden of the cost of monitoring onto them.
Third, it advances conservation gear engineering. Additional funds
will help fishermen develop and adopt new gear and technology to
improve efficiency, reduce the impact on the marine environment, and
promote sustainable fishing for future generations.
Commercial and recreational fishermen use an array of gear to target
their catch. An unfortunate and fatal consequence is the inclusion of
untargeted fish, turtles, and marine mammals as bycatch. Fortunately,
there have been efforts underway nationwide to promote sustainable
means of fishing, like scallopers in New Bedford developing the turtle
dredge to protect sea turtles from interaction during scalloping, and
the New England Aquarium collaborative that has developed acoustic
pingers that successfully warn marine mammals away from gill nets.
Fourth, the amendment will help with additional research for fishery
impact statements. Under the bill, councils are required to develop
fishery impact statements that take into account the purpose of a
proposed management plan and its potential impact on fisheries and
fishing communities. In doing so, the bill shifts the responsibility
from NEPA to the councils. And while I have concerns about how this
will be implemented, I do believe it is critical that we provide
councils with adequate resources.
Finally, the bill and the amendment will help funding priorities of
the regional fishery management councils, like efforts to rebuild or
maintain sustainable fisheries and ensure healthy ecosystems.
There is no doubt that additional funding for these efforts is a win
for fishermen on all coasts of our country.
With that, I yield the balance of my time to my colleague from
Massachusetts (Mr. Moulton).
Mr. MOULTON. I would like to thank my colleague and friend from
Massachusetts (Mr. Keating) for the time, and for all the work that he
has done, along with Mr. Lynch, on behalf of our Commonwealth's fishing
communities.
I rise in strong support of this amendment, which clarifies the uses
of NOAA's asset forfeiture fund so we can make smart investments in
scientific research and preserve an economically viable fishing
industry.
This amendment will provide our fishermen, shoreside businesses, and
fishing communities with the assurance that the money in NOAA's asset
forfeiture fund will go towards improving the science behind
sustainable fishery management practices.
Additionally, the amendment offers fisheries councils the resources
they need to better serve our fisheries and fishing communities.
At the end of the day, both the fishermen and the environmentalists
want the same thing: healthy and sustainable fisheries. I believe that
the amendment will help achieve this objective through meaningful and
targeted uses of NOAA's asset forfeiture fund. I urge a ``yes'' vote on
this amendment.
Mr. KEATING. I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, I ask unanimous consent to claim
the time in opposition to the amendment, although I am not opposed to
the amendment.
The CHAIR. Is there objection to the request of the gentleman from
Utah?
There was no objection.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Utah. In 2010, the Department of Commerce inspector
general reported that NOAA was misusing these funds for all sorts of
purposes not actually helping the fishing community. That is one of the
reasons why we are clearly saying the status quo has problems, and this
bill needs to go forward.
This bill recognized that these funds should not be used to add to
the bureaucracy, and therefore in the base bill we actually put in
provisions to allow up to 80 percent of these enforcement funds to be
used for collection and data and science.
What Mr. Keating and others have done, though, is take the process
one step further in something I think is a very commonsense solution to
a problem that we do have in the status quo. I appreciate what you are
doing, and I support this amendment.
I urge everyone to vote ``yes,'' and I yield back balance of my time.
Mr. LYNCH. Mr. Chair, I rise in strong support of the Keating-Lynch-
Moulton amendment to allow monies from the asset forfeiture fund to be
available for expanded uses. I want to commend my colleagues from
Massachusetts for their continued efforts on behalf of our fishing
industry.
Massachusetts has a long and proud fishing history. in fact, the
``sacred cod'', a nearly five foot long woodcarving of an atlantic
codfish, has hung in the Massachusetts House of Representatives since
1794, representing the importance of the cod fishery to the
commonwealth.
We all know the state of the fishing industry today. Depleted stocks
and the policies put in place to rebuild those stocks have exacted a
heavy toll. And we have all heard the stories of fishing families
struggling to make ends meet and keep their generations-long family
businesses alive. Our amendment is a common sense amendment which, if
adopted, will build on and improve the systems put in place to assess
and rebuild stocks while also providing some financial relief to the
men and women who continue to earn a living at sea.
Our amendment, if adopted, will provide the funding necessary for
fisheries councils to undertake certain reporting requirements of the
underlying bill. Our amendment will also provide funding for
independent research and stock assessments and for the development and
implementation of gear that will reduce the impact on the marine
environment and promote sustainable fishing for future generations.
And, importantly, this amendment will also provide a funding stream to
pay for at-sea and shore-side monitoring, a financial burden that
fishermen simply cannot bear.
We simply cannot allow the money in the NOAA's asset forfeiture fund
to be wasted when fishermen stand to benefit from targeted scientific
research and resources dedicated to the fishing industry.
The health of the resource is the basic building block upon which all
industry dependents rely. And it is critical that all parties;
fishermen, fisheries councils, researchers and conservationists work
cooperatively and also strike an appropriate balance towards
sustainability. Our amendment provides the financial support to help
all stakeholders further invest in and maximize the outcomes of their
piece of the larger puzzle.
I urge my colleagues to support the Keating-Lynch-Moulton Amendment.
The CHAIR. The question is on the amendment offered by the gentleman
from Massachusetts (Mr. Keating).
The amendment was agreed to.
Amendment No. 4 Offered by Mr. Lowenthal
The CHAIR. It is now in order to consider amendment No. 4 printed in
House Report 114-128.
[[Page H3606]]
Mr. LOWENTHAL. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of section 13 (page 34, after line 22), add the
following:
(h) Process for Decommissioning Oil and Gas Platforms and
Drilling Rigs.--The National Ocean Council, operating under
Executive Order 13547, shall convene a meeting of
representatives of the National Oceanic and Atmospheric
Administration, the Bureau of Safety and Environmental
Enforcement, the States represented on the Gulf of Mexico
Fishery Management Council, and stakeholders, to develop a
process for decommissioning oil and gas platforms and
drilling rigs that eliminates harm to the Gulf of Mexico red
snapper stock of fish and enhances conservation of habitat of
such stock.
The CHAIR. Pursuant to House Resolution 274, the gentleman from
California (Mr. Lowenthal) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. LOWENTHAL. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, unfortunately, the bill before us, H.R. 1335,
undermines nearly two decades of progress making U.S. fisheries
profitable and sustainable.
A few weeks ago, NOAA reported that overfishing has hit an all-time
low, and the number of rebuilt stocks has hit an all-time high, largely
because of the success of the Magnuson-Stevens Act reforms of both 1996
and 2007--the same reforms that this bill today before us would
undercut.
In an attempt to add some good policy to an otherwise unproductive
bill, I am offering an amendment to improve the management of one
important fish stock: the Gulf of Mexico red snapper.
Last year, during a series of Natural Resources Committee hearings on
fisheries policies, we heard from members and witnesses who were irate
over the fact that the Interior Department was allowing offshore oil
platforms and drilling rigs in the Gulf of Mexico to be decommissioned
in a way that was killing red snapper and destroying important snapper
habitat. After intense questioning, it became clear that in the current
process for decommission rigs, NOAA, which is part of the Department of
Commerce, is not regularly consulted by Interior agencies.
{time} 1700
As a result, NOAA does not even conduct surveys to determine if the
Department of the Interior is about to dismantle a productive
artificial reef teeming with red snapper and other fish.
Mr. Chair, I agree with my colleagues from the Gulf States who feel
this is ridiculous and needs to stop; but how do we do it? Then I
remembered that we already have a mechanism in place for resolving
exactly this kind of multistakeholder conflict at sea. It is called the
National Ocean Policy.
Through the National Ocean Policy, the National Ocean Council
facilitates commonsense governance of public resources. Like air
traffic control for the seas, the council coordinates all of the users
of our oceans and helps them determine safer, less contentious, and
more efficient utilization of ocean resources.
My amendment would direct the agencies responsible for implementing
the National Ocean Policy to work with the Gulf States and other
stakeholders to develop a transparent process that would preserve red
snapper habitat during rig decommissioning.
A vote for this amendment is a vote for more recreational fishing
opportunities in the Gulf of Mexico and a vote for a bipartisan
solution to promoting red snapper habitat.
I urge my colleagues to vote ``yes'' on the Lowenthal amendment.
Mr. Chair, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, I claim time in opposition to the
amendment
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Utah. Mr. Chairman, I yield 1 minute to the gentleman
from Alaska (Mr. Young) on this particular amendment.
Mr. YOUNG of Alaska. Mr. Chairman, this same amendment was offered in
committee; it failed. It is my understanding that rigs and platforms
are already required to eliminate harm under their leases. In fact,
most of the fishermen I talk to on the Gulf say the platforms are
really manmade reefs, and the red snapper love them.
Overall, I don't support giving the National Ocean Council any
authorities. The council is created by executive action, and until the
Congress passes legislation regarding the National Ocean Policy,
Congress should not implement measures to support it.
This is not an action of Congress. This is an action by executive
order. Remember, this bill originally was sustainable yield,
sustainable communities, nothing to do with an ocean council deciding
what is going to happen to override the Magnuson-Stevens Act.
This is a bad amendment, and I oppose the gentleman's amendment.
Mr. LOWENTHAL. Mr. Chairman, how much time do I have remaining?
The CHAIR. The gentleman has 2 minutes remaining.
Mr. LOWENTHAL. As you just heard from the other side of the aisle,
Mr. Chair, they agree with me that there needs to be more coordination
amongst all the stakeholders to make smart decisions about rig
decommissioning in red snapper habitat; but they refuse to move forward
with this proposal simply because they oppose the National Ocean Policy
which incidentally, as we all know in this room, that its predecessor
was the U.S. Commission on Ocean Policy, which was first established by
President Bush.
They oppose the National Ocean Policy on the grounds that it is a
program that is authorized by an executive action or an executive order
of a President that they don't like. This seems to me to be pretty
petty.
Why would we create now a new group to bring together the
stakeholders to address just this one issue, when we already have a
council and a policy that can do exactly what everyone wants to be
done?
National Ocean Policy is not a failed policy like some suggest, nor
is it an instance of executive overreach. It is merely a commonsense
way to facilitate multistakeholder collaboration on complex ocean
issues.
Mr. Chair, my amendment directs agencies and stakeholders to work
together to come up with solutions to decommission rigs that work for
everyone involved. This is a commonsense solution that promotes red
snapper habitat and more recreational fishing opportunities.
I urge a ``yes'' vote on the Lowenthal amendment, and I yield back
the balance of my time.
Mr. BISHOP of Utah. Mr. Chair, I yield 1 minute to the gentleman from
Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. Mr. Chairman, I want to thank the gentleman
from California for offering this amendment. We had the opportunity to
discuss this in committee.
I am very sensitive to the fact that we do things in a manner that
sustains all of our fisheries and protects our ecosystem.
However, as we discussed in committee, I did request of you, number
one, that if you let us get together as Gulf States, continue to work
together with the Department of the Interior--as I mentioned in
committee, we have even larger concerns about the way that some of this
important reef structure, such as rigs and reefs programs and others,
have been handled by the Federal Government.
I respect the gentleman for offering this amendment, but I am going
to vote in opposition, giving us time to work together with industry,
work together with the fisherman, and find the right way to do this to
ensure that we protect the species.
Mr. BISHOP of Utah. Mr. Chairman, allow me to conclude the debate, if
I may.
Last year, in Congress, we had a hearing where we saw a huge number
of red snappers who were killed by the removal of a decommissioned oil
platform that had been authorized by the Department of the Interior.
This amendment does not really change that.
What this amendment would do is an attempt--hopefully, futile
attempt--to basically give validity to the administration's National
Ocean Policy, a policy that was done without transparency, almost in
the cover of darkness, and implemented by executive order.
[[Page H3607]]
What we are talking about is not something that is an executive
action, but, as properly said by the last two speakers from our side,
it is a legislative action, and this bill takes that legislative
responsibility and does it the right way.
We do not need a nontransparent executive order to be enforced here.
What we need to do is allow the agencies of jurisdiction to actually do
their job, defend their rules, and allow the legislative branch to work
its will.
I urge a ``no'' vote on this amendment, and I yield back the balance
of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. Lowenthal).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. LOWENTHAL. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from California will be
postponed.
Amendment No. 5 Offered by Mr. Young of Alaska
The Acting CHAIR (Mr. Duncan of Tennessee). It is now in order to
consider amendment No. 5 printed in House Report 114-128.
Mr. YOUNG of Alaska. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 46, strike lines 5 through 9 and insert the following:
``(4) The Secretary shall, to the extent practicable, when
hiring individuals to collect information regarding marine
recreational fishing under this subsection, give preference
to students studying fisheries conservation and management,
water resource issues, or other relevant subjects at an
institution of higher education in the United States.''.
Page 46, beginning at line 19, strike ``Regional Fishery''
and all that follows through line 22 and insert ``the South
Atlantic Fishery Management Council and Gulf of Mexico
Fishery Management Council on criteria that''.
Page 47, after line 22, insert the following:
SEC. __. REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.
Section 3303A(c)(1)(G) (16 U.S.C. 1853a(c)(1)(G)) is
amended to read as follows:
``(G) include provisions for a formal and detailed review 5
years after the implementation of the program, and thereafter
the regular monitoring and review by the Council and the
Secretary of the operations and impacts of the program, to
coincide with scheduled Council review of the relevant
fishery management plan (but no less frequently than once
every 7 years) including--
``(i) determining progress in meeting the goals of the
program and this Act;
``(ii) delineating the positive and negative economic
effects of the program on fishermen and processors who are
part of the program and the coastal communities in which they
reside; and
``(iii) any necessary modification of the program to meet
those goals, including a formal schedule for action to be
taken within 2 years;''.
SEC. __. HEALTHY FISHERIES THROUGH BETTER SCIENCE.
(a) Definition of Stock Assessment.--Section 3 (16 U.S.C.
1802), as amended by section 23(a) of this Act, is further
amended by redesignating the paragraphs after paragraph (42)
in order as paragraphs (44) through (53), and by inserting
after paragraph (42) the following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish, that
includes--
``(A) a range of life history characteristics for such
stock, including--
``(i) the geographical boundaries of such stock; and
``(ii) information on age, growth, natural mortality,
sexual maturity and reproduction, feeding habits, and habitat
preferences of such stock; and
``(B) fishing for the stock.''.
(b) Stock Assessment Plan.--
(1) In general.--Section 404 (16 U.S.C. 1881c), as amended
by section 10(d) of this Act, is further amended by adding at
the end the following:
``(f) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
the strategic plan required under subsection (b) of this
section, a plan to conduct stock assessments for all stocks
of fish for which a fishery management plan is in effect
under this Act.
``(2) Contents.--The plan shall--
``(A) for each stock of fish for which a stock assessment
has previously been conducted--
``(i) establish a schedule for updating the stock
assessment that is reasonable given the biology and
characteristics of the stock; and
``(ii) subject to the availability of appropriations,
require completion of a new stock assessment, or an update of
the most recent stock assessment--
``(I) every 5 years; or
``(II) within such other time period specified and
justified by the Secretary in the plan;
``(B) for each stock of fish for which a stock assessment
has not previously been conducted--
``(i) establish a schedule for conducting an initial stock
assessment that is reasonable given the biology and
characteristics of the stock; and
``(ii) subject to the availability of appropriations,
require completion of the initial stock assessment within 3
years after the plan is published in the Federal Register
unless another time period is specified and justified by the
Secretary in the plan; and
``(C) identify data and analysis, especially concerning
recreational fishing, that, if available, would reduce
uncertainty in and improve the accuracy of future stock
assessments, including whether such data and analysis could
be provided by fishermen, fishing communities, universities,
and research institutions.
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock
assessment is not required for a stock of fish in the plan if
the Secretary determines that such a stock assessment is not
necessary and justifies such determination in the Federal
Register notice required by this subsection.''.
(2) Deadline.--Notwithstanding paragraph (1) of section
404(f) of the Magnuson-Stevens Fishery Conservation and
Management Act, as amended by this section, the Secretary of
Commerce shall issue the first stock assessment plan under
such section by not later than 2 years after the date of
enactment of this Act.
(c) Improving Science.--
(1) Incorporation of information from wide variety of
sources.--Section 2(a)(8) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801) is amended
by adding at the end the following: ``Fisheries management is
most effective when it incorporates information provided by
governmental and nongovernmental sources, including State and
Federal agency staff, fishermen, fishing communities,
universities, and research institutions. As appropriate, such
information should be considered the best scientific
information available and form the basis of conservation and
management measures as required by this Act.''.
(2) Improving data collection and analysis.--Section 404
(16 U.S.C. 1881c), as amended by this section, is further
amended by adding at the end the following:
``(g) Improving Data Collection and Analysis.--
``(1) In general.--The Secretary, in consultation with the
Councils acting in reliance on their science and statistical
committees established under section 302(g), shall develop
and publish in the Federal Register guidelines that will
facilitate greater incorporation of data, analysis, and stock
assessments from nongovernmental sources, including
fishermen, fishing communities, universities, and research
institutions, into fisheries management decisions.
``(2) Content.--The guidelines shall--
``(A) identify types of data and analysis, especially
concerning recreational fishing, that can be reliably used as
the basis for establishing conservation and management
measures as required by section 303(a)(1), including setting
standards for the collection and use of such data and
analysis in stock assessments and for other purposes; and
``(B) provide specific guidance for collecting data and
performing analyses identified as necessary to reduce the
uncertainty referred to in section 404(f)(2)(C).
``(3) Acceptance and use of data and analyses.--The
Secretary and Regional Fishery Management Councils shall--
``(A) use all data and analyses that meet the guidelines
published under paragraph (1) as the best scientific
information available for purposes of this Act in fisheries
management decisions, unless otherwise determined by the
science and statistical committee of the Councils established
pursuant to section 302(g) of the Act; and
``(B) explain in the Federal Register notice announcing the
fishery management decision how such data and analyses have
been used to establish conservation and management
measures.''.
(3) Deadline.--The Secretary of Commerce shall develop and
publish guidelines under the amendment made by paragraph (2)
by not later than 1 year after the date of enactment of this
Act.
(d) Cost Reduction Report.--Within 1 year after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Regional Fishery Management Councils,
shall submit a report to Congress that, with respect to each
fishery governed by a fishery management plan in effect under
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.)--
(1) identifies the goals of the applicable programs
governing monitoring and enforcement of fishing that is
subject to such plan;
(2) identifies methods to accomplish those goals, including
human observers, electronic monitoring, and vessel monitoring
systems;
(3) certifies which such methods are most cost-effective
for fishing that is subject to such plan; and
[[Page H3608]]
(4) explains why such most-cost-effective methods are not
required, if applicable.
The Acting CHAIR. Pursuant to House Resolution 274, the gentleman
from Alaska (Mr. Young) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may
consume.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Chairman, the amendment I am offering today
makes a few clarifications to the underlying bill.
It modifies language in the bill allowing for the use of graduate
students in the collection of recreational fishing data. The fields of
science the graduate students are studying is expanded, and when the
students can be used is clarified.
The amendment also clarifies that guidance prepared by the National
Academy of Sciences regarding the economic benefits of commercial and
recreational fishing within the mixed-use fisheries is to be given to
the south Atlantic and the Gulf of Mexico councils.
The amendment will also modify the provisions in law regarding the
council review of limited access programs to include not only the
benefits of the program, but also any adverse impacts.
Lastly, the amendment includes language to allow stock assessments to
include information from universities, fishermen, fishing communities,
and research institutions, in addition to State and Federal fisheries
data.
It will also require a schedule for when stock assessments should
occur and allows for a waiver if certain stocks don't need assessments.
These are good additions to the legislation, and I urge the Members
to support the amendment.
I yield back the balance of my time.
Mr. GRIJALVA. Mr. Chairman, I claim time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GRIJALVA. The catch share reporting requirements and stock
assessment mandates in this amendment would impose significant new
costs on NOAA, but the amendment provides no additional funding.
The majority already complains that NOAA does not conduct stock
assessments frequently or quickly enough. This unfunded mandate would
further slow that process.
Further, these concepts have not been vetted by the Natural Resources
Committee. We have not had an opportunity to get feedback on the
legislation from NOAA, the agency that would inevitably be responsible
for implementing it.
We need to hear from the administration about any potential costs or
unintended consequences of this amendment.
In particular, the rigid requirements of the guidelines envisioned in
this bill would take away the discretion of expert scientists and
undermine an ongoing effort NOAA is conducting to improve stock
assessments across regions.
Further, the mandates, deadlines, and reports would likely cost money
that is not authorized to be appropriated.
I would like to have additional input on the requirements this bill
imposes with respect to developing and following new guidelines on data
collection and on cost recovery by the agency.
For these reasons, I urge a ``no'' vote on the amendment, and I
reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Chairman, I ask unanimous consent to reclaim
the balance of my time.
The Acting CHAIR. Is there objection to the request of the gentleman
from Alaska?
There was no objection.
Mr. YOUNG of Alaska. Mr. Chairman, I disagree with the gentleman from
New Mexico's comments on this. This does not add an additional cost,
and why people say that, I don't know.
All this does is very simple, and I explained it when I explained my
amendment, and I urge the passage of the amendment.
I yield back the balance of my time.
Mr. GRIJALVA. My good friend, Mr. Young, is perpetually trying to
move me to New Mexico. I still love Arizona and will remain in Arizona.
Mr. Chairman, I want to say that the reasons of opposition have not
changed to the amendment. The unintended consequences, the lack of full
information as to what the data collection will be, any impending costs
that would be secured that NOAA would have to undertake, and feedback
both by the agency that would be responsible, feedback from the Natural
Resources Committee, and feedback by the administration to this
amendment would be, I think, important additions in order for this
House to be able to make an informed decision on the amendment.
Lacking that information, I remain urging a ``no'' vote on the
amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alaska (Mr. Young).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Graves of Louisiana
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in House Report 114-128.
Mr. GRAVES of Louisiana. Mr. Chairman, I have an amendment made in
order.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. 29. TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER
FISHERIES IN THE GULF OF MEXICO.
(a) In General.--The Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) is amended by
adding at the end the following:
``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN
THE GULF OF MEXICO
``SEC. 501. SHORT TITLE.
``This title may be cited as the `Gulf States Red Snapper
Management Authority Act'.
``SEC. 502. DEFINITIONS.
``In this title:
``(1) Coastal waters.--The term `coastal waters' means all
waters of the Gulf of Mexico--
``(A) shoreward of the baseline from which the territorial
sea of the United States is measured; and
``(B) seaward from the baseline described in subparagraph
(A) to the outer boundary of the exclusive economic zone.
``(2) Gulf coastal states.--The term `Gulf coastal State'
means each of the following States:
``(A) Alabama.
``(B) Florida.
``(C) Louisiana.
``(D) Mississippi.
``(E) Texas.
``(3) Gulf of mexico fishery management council.--The term
`Gulf of Mexico Fishery Management Council' means the Gulf of
Mexico Fishery Management Council established under section
302(a).
``(4) Gulf of mexico red snapper.--The term `Gulf of Mexico
red snapper' means members of stocks or populations of the
species Lutjanus campechanus, which ordinarily are found
within the waters of the exclusive economic zone and adjacent
territorial waters of the Gulf of Mexico.
``(5) Gulf states red snapper management authority.--The
term `Gulf States Red Snapper Management Authority' and
`GSRSMA', means the Gulf States Red Snapper Management
Authority established under section 503(a).
``(6) Red snapper fishery management plan.--The term `red
snapper fishery management plan' means a plan created by one
or more Gulf coastal States to manage Gulf of Mexico red
snapper in the coastal waters adjacent to such State or
States, respectively.
``(7) Reef fish federal fishery management plan.--The term
`Reef Fish Federal fishery management plan'" means the
Fishery Management Plan for the Reef Fish Resources of the
Gulf of Mexico, as amended, prepared by the Gulf of Mexico
Fishery Management Council pursuant to title III and
implemented under part 622 of title 50, Code of Federal
Regulations (or similar successor regulation).
``(8) State territorial waters.--The term `State
territorial waters', with respect to a Gulf coastal State,
means the waters adjacent to such State seaward to the line
three marine leagues seaward from the baseline from which of
the territorial sea of the United States is measured.
``SEC. 503. MANAGEMENT OF GULF OF MEXICO RED SNAPPER.
``(a) Gulf States Red Snapper Management Authority.--
``(1) Requirement to establish.--Not later than 60 days
after the date of the enactment of this title, the Secretary
shall establish a Gulf States Red Snapper Management
Authority that consists of the principal fisheries manager of
each of the Gulf coastal States.
``(2) Duties.--The duties of the GSRSMA are as follows:
[[Page H3609]]
``(A) To review and approve red snapper fishery management
plans, as set out in the Act.
``(B) To provide standards for each Gulf coastal State to
use in developing fishery management measures to sustainably
manage Gulf of Mexico red snapper in the coastal waters
adjacent to such State.
``(C) To the maximum extent practicable, make scientific
data, stock assessments and other scientific information upon
which fishery management plans are based available to the
public for inspection prior to meetings described in
paragraph (c)(2).
``(b) Requirement for Plans.--
``(1) Deadline for submission of plans.--The GSRSMA shall
establish a deadline for each Gulf coastal State to submit to
the GSRSMA a red snapper fishery management plan for such
State.
``(2) Consistency with federal fishery management plans.--
To the extent practicable, the Gulf Coastal States fishery
management plans shall be consistent with the requirements in
section 303(a) of the Fishery Conservation and Management Act
of 1976 (16 U.S.C. 1853(a)).
``(c) Review and Approval of Plans.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this title and not more than 60 days after
one or more Gulf coastal States submits a red snapper fishery
management plan and annually thereafter, the GSRSMA shall
review and approve by majority vote the red snapper fishery
management plan if such plan meets the requirements of this
title.
``(2) Public participation.--Prior to approving a red
snapper fishery management plan submitted by one or more Gulf
coastal States, the GSRSMA shall provide an adequate
opportunity for public participation, including--
``(A) at least 1 public hearing held in each respective
Gulf coastal State; and
``(B) procedures for submitting written comments to GSRSMA
on the fishery management plan.
``(3) Plan requirements.--A red snapper fishery management
plan submitted by one or more Gulf coastal States shall--
``(A) contain standards and procedures for the long-term
sustainability of Gulf of Mexico red snapper based on the
best available science;
``(B) comply with the standards described in subsection
(a)(2)(B); and
``(C) determine quotas for the red snapper fishery in the
coastal waters adjacent to such Gulf coastal State or States,
respectively, based on stock assessments, and--
``(i) any recommendation by the GSRSMA to reduce quota
apportioned to the commercial sector by more than 10 percent
shall be reviewed and approved by the Gulf Fishery Management
Council;
``(ii) during the 3-year period beginning on the date of
enactment of this title and consistent with subsection (d),
the GSRSMA shall not determine a quota apportioned to the
commercial sector; and
``(iii) nothing in this Act shall be construed to change
the individual quota shares currently in place in the
commercial sector of the Gulf of Mexico red snapper fishery
``(4) Review and approval.--Not later than 60 days after
the date the GSRSMA receives a red snapper fishery management
plan from one or more Gulf coastal State or States, the
GSRSMA shall review and approve such plan if such plan
satisfies the requirements of subsection (b).
``(d) Continued Management by the Secretary.--During the 3-
year period beginning on the date of the enactment of this
title, the Secretary, in coordination with the Gulf of Mexico
Fishery Management Council, shall continue to manage the
commercial sector of the Gulf of Mexico red snapper fishery.
``(e) Reporting Requirements.--
``(1) Reports by gulf coastal states.--Each Gulf coastal
State shall submit to the GSRSMA an annual report on the
status of the Gulf of Mexico red snapper fishery in coastal
waters adjacent to such State.
``(2) Report by the gsrsma.--Not less often than once every
5 years, the GSRSMA shall use the information submitted in
the annual reports required by paragraph (1) to prepare and
submit to the Secretary a report on the status of the Gulf of
Mexico red snapper fishery.
``(3) Annual report by national oceanic and atmospheric
administration.--The Administrator of the National Oceanic
and Atmospheric Administration shall submit to Congress an
annual report on the implementation of this title.
``SEC. 504. STATE IMPLEMENTATION OF THE RED SNAPPER FISHERY
MANAGEMENT PLANS.
``(a) Allocation of Management to the Gulf States.--
``(1) Certification of approved plans.--The GSRSMA shall
certify to the Secretary that a red snapper fishery
management plan is approved under section 503 for each of the
Gulf coastal States.
``(2) Transfer of management.--Upon receipt of the
certification described in paragraph (1) and subject to
section 503 (d), the Secretary shall--
``(A) publish a notice in the Federal Register revoking the
regulations and portions of the Reef Fish Federal fishery
management plan that are in conflict with any red snapper
fishery management plan approved by the GSRSMA; and
``(B) transfer management of Gulf of Mexico red snapper to
the GSRSMA.
``(b) Implementation.--
``(1) In general.--Upon the transfer of management
described in subsection (a)(2)(B) and subject to section 503
(d), each Gulf coastal State shall implement and enforce the
red snapper fishery management plans approved under section
503 for the Gulf of Mexico red snapper fishery in the coastal
waters adjacent to each Gulf coastal State.
``(2) Failure to transfer management.--If the certification
described in subsection (a)(1) is not made the transfer of
management described in subsection (a)(2)(B) may not be
accomplished and the Secretary shall remain responsible for
management of the Gulf of Mexico red snapper.
``SEC. 505. OVERSIGHT OF GULF OF MEXICO RED SNAPPER
MANAGEMENT.
``(a) Implementation and Enforcement of Fishery Management
Plans.--Not later than December 1 of the year following the
transfer of management described in section 504(a)(2), and at
any other time the GSRSMA considers appropriate after that
date, the GSRSMA shall determine if--
``(1) each Gulf coastal State has fully adopted and
implemented the red snapper fishery management plan approved
under section 503 for such State;
``(2) each such plan continues to be in compliance with the
standards for sustainability provided by the GSRSMA pursuant
to section 503(a)(2); and
``(3) the enforcement of the plan by each Gulf coastal
State is satisfactory to maintain the long-term
sustainability and abundance of Gulf of Mexico red snapper.
``(b) Overfishing and Rebuilding Plans.--
``(1) Certification.--If the Gulf of Mexico red snapper in
the coastal waters adjacent to a Gulf coastal State is
experiencing overfishing or is subject to a rebuilding plan,
such Gulf coastal State shall submit a certification to the
GSRSMA showing that such State--
``(A) has implemented the necessary measures to end
overfishing or rebuild the fishery; and
``(B) in consultation with the National Oceanic and
Atmospheric Administration, has implemented a program to
provide for data collection adequate to monitor the harvest
of Gulf of Mexico red snapper by such State.
``(2) Notification to secretary.--If, after such time as
determined by the GSRSMA, a Gulf coastal State that submitted
a certification under paragraph (1) has not implemented the
measures and requirements described in subparagraphs (A) and
(B) of such paragraph, the GSRSMA shall vote on whether to
notify the Secretary of a recommendation of closure of the
red snapper fishery in the waters adjacent to the State
territorial waters of the Gulf coastal State.
``(c) Closure of the Gulf of Mexico Red Snapper Fishery.--
``(1) Conditions for closure.--Not later than 60 days after
the receipt of a notice under subsection (b)(2) for a Gulf
coastal State, the Secretary may declare a closure of the
Gulf of Mexico red snapper fishery within the waters adjacent
to the State territorial waters of the Gulf coastal State.
``(2) Considerations.--Prior to making a declaration under
paragraph (2), the Secretary shall consider the comments of
such Gulf coastal State and the GSRSMA.
``(3) Actions prohibited during closure.--During a closure
of the Gulf of Mexico red snapper fishery under paragraph
(1), it is unlawful for any person--
``(A) to engage in fishing for Gulf of Mexico red snapper
within the waters adjacent to the State territorial waters of
the Gulf coastal State covered by the closure;
``(B) to land, or attempt to land, the Gulf of Mexico red
snapper in the area of the closure; or
``(C) to fail to return to the water any Gulf of Mexico red
snapper caught in the area of the closure that are incidental
to commercial harvest or in the recreational fisheries.
``(4) Construction.--Nothing in this subsection shall be
construed to allow the Secretary to close the red snapper
fishery in the State territorial waters of a Gulf coastal
State.
``SEC. 506. GULF STATES MARINE FISHERIES COMMISSION.
``(a) Funding to the Gulf States Marine Fisheries
Commission.--The Secretary shall provide all Federal funding
to the Gulf States Marine Fisheries Commission for all
necessary stock assessments, research, and management for the
red snapper fishery.
``(b) Funding to the Gulf Coastal States.--The Gulf States
Marine Fisheries Commission shall be responsible for
administering the Federal funds referred to in paragraph (1)
to each of the Gulf coastal States for proper management of
the red snapper fishery.
``(c) No Additional Appropriations Authorized.--Nothing in
this section may be construed to increase the amount of
Federal funds authorized to be appropriated for Gulf of
Mexico red snapper fishery management.
``SEC. 507. NO EFFECT ON MANAGEMENT OF SHRIMP FISHERIES IN
FEDERAL WATERS.
``(a) Bycatch Reduction Devices.--Nothing in this title may
be construed to effect any requirement related to the use of
Gulf of Mexico red snapper bycatch reduction devices in the
course of shrimp trawl fishing activity.
``(b) Bycatch of Red Snapper.--Nothing in this title shall
be construed to apply to or affect in any manner the Federal
management of commercial shrimp fisheries in the Gulf of
Mexico as in effect on the date of the enactment of this
section, including any incidental catch of red snapper''.
[[Page H3610]]
(b) Conforming Amendments.--
(1) Data collection.--Section 401(g)(3)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881(g)(3)(G)) is amended by striking ``and'' after the
semicolon at the end of clause (iv), by striking the period
at the end of clause (v) and inserting ``; and'', and by
adding at the end the following:
``(vi) in the case of each fishery in the Gulf of Mexico,
taking into consideration all data collection activities
related to fishery effort that are undertaken by the marine
resources division of each relevant State of the Gulf of
Mexico Fishery Management Council.''.
(2) Gulf state territorial waters.--Section 306(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1856(b)) is amended by adding at the end the
following:
``(4) Notwithstanding section 3(11) and subsection (a) of
this section, for purposes of managing fisheries in the Gulf
of Mexico, the seaward boundary of a coastal State in the
Gulf of Mexico is a line three marine leagues seaward from
the baseline from which the territorial sea of the United
States is measured.''.
(c) Clerical Amendment.--The table of contents in the first
section of such Act is amended by adding at the end the
following:
``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN
THE GULF OF MEXICO
``Sec. 501. Short title.
``Sec. 502. Definitions.
``Sec. 503. Management of Gulf of Mexico red snapper.
``Sec. 504. State implementation of the red snapper fishery management
plans.
``Sec. 505. Oversight of Gulf of Mexico red snapper management.
``Sec. 506. Gulf States Marine Fisheries Commission.
``Sec. 507. No effect on management of shrimp fisheries in Federal
waters.''.
The Acting CHAIR. Pursuant to House Resolution 274, the gentleman
from Louisiana (Mr. Graves) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. GRAVES of Louisiana. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, when I was a child growing up in south Louisiana,
recreational fishing for red snapper, we were allowed to go out all
year round. All year long, we could go out and go enjoy fishing with
our family and access the bounties of the Gulf of Mexico.
As a matter of fact, the Gulf of Mexico is so productive, we don't
just have great recreational fishing in south Louisiana; we have great
commercial as well. We have some of the best restaurants in the Nation.
We have a very robust commercial fishing industry. In fact, Mr.
Chairman, it is the second biggest commercial fishing industry only to
the State of Alaska, which I think is unfair because they get to weigh
their crab shells.
Mr. Chairman, the reality is that we have seen the National Marine
Fisheries Service, over the last several years, continue to use science
that is not as robust as what the States are using to manage their
fisheries.
{time} 1715
Mr. Chairman, access for the recreational fishermen went down from
year round when I was a child. Even in the 1990s, it was nearly 200
days, down to this year, where the National Marine Fisheries Service
says that it is limited to only 10 days for recreational fishing.
Parents and their children can go out for 10 days.
Meanwhile, for the first time ever, the National Marine Fisheries
Service has split up the charter for hire and the recreational to allow
the charter for hire to go out for 45 days and effectively allow the
commercial fishermen to go out year round.
I want to be clear, Mr. Chairman. This isn't about pitting the
different fishing sectors against one another. What this is about is
ensuring that we are using the best science and ensuring that we are
providing access to all fishers--the recreational, the charter for
hire, and the commercial. It needs to be based upon the best science.
We can have much better management of that resource by ensuring
consistency between State waters and Federal waters.
The five Gulf States have come up with a plan. Unanimously, the five
Gulf States have come up with a plan to manage those fisheries by the
five fish and game agencies among the five Gulf States.
Mr. Chairman, my amendment simply codifies that agreement of the five
Gulf States and allows those States to manage the red snapper fishery
identical to how the striped bass fishery is managed on the Atlantic
coast.
I reserve the balance of my time.
Mr. GRIJALVA. Mr. Chairman, I claim time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GRIJALVA. Mr. Chairman, I am disappointed to see this amendment
back again after it failed to pass in committee.
I understand that recreational fishermen in the Gulf of Mexico want
to be able to keep more of the red snapper they catch, but the solution
is not to steal fish from a responsibly managed and accountable
commercial sector that provides millions of Americans the opportunity
to choose healthy, fresh, sustainable Gulf red snapper at stores and
restaurants; nor is it the solution to hand management over to Gulf
States before they have developed a plan for managing the resource that
consists of more than just ``trust us.''
Simple arithmetic shows that there are too many people putting too
much pressure on the red snapper stock just to sustain a recreational
fishing season that lasts for more than a few days. To address that
problem, private boat anglers will need to present creative solutions
such as those that the commercial and charter for hire sectors have
developed.
NOAA is doing an incredible job rebuilding this stock under Magnuson,
and the Gulf Council has the ability to debate and adopt a regional
management approach or other alternative management strategies without
interference from Washington.
I urge a ``no'' vote on the amendment, and I reserve the balance of
my time.
Mr. GRAVES of Louisiana. Mr. Chairman, I yield 1 minute to the
gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. Mr. Chairman, I understand the concern of the
gentleman from Louisiana on the current status of red snapper
management in the Gulf of Mexico and your interest to support actions
taken by the Gulf States that are supported by many of your
constituents.
The amendment being offered today is a start in the process, but I
respectfully suggest it needs further discussion. I support regional
solutions but have concerns with proposals that will take the red
snapper fishery outside of the Magnuson-Stevens Act management process.
I am willing to continue to work with the gentleman from Louisiana,
Chairman Bishop, and other Members, as well as fishing groups involved,
to try to find a resolution to the management issues impacting the red
snapper fishery.
Mr. GRIJALVA. Mr. Chairman, I reserve the balance of my time.
Mr. GRAVES of Louisiana. Mr. Chairman, this amendment is supported by
the American Sportfishing Association; the Billfish Foundation; CCA,
the Coastal Conservation Association; the Center for Coastal
Conservation; the Congressional Sportsmen's Foundation; the
International Game Fish Association; National Marine Manufacturers
Association; Guy Harvey Ocean Foundation; Recreational Fishing
Alliance; and the Theodore Roosevelt Conservation Partnership.
Mr. Chairman, I am struggling with understanding the concerns that I
recently heard expressed by the other side.
Mr. Chairman, this is identical to how the Atlantic striped bass is
managed on our East Coast. Why is there not an amendment to withdraw
that authority if it is so problematic to have the five Gulf States
consistently manage the natural resources in their State waters, as
they do today, and in the adjacent Federal waters?
It has been proven through various hearings that the committee has
had that the science being used by the States is much better than the
science that is being used by the Federal Government.
Mr. Chairman, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Chairman, I will continue to reserve the balance of
my time.
Mr. GRAVES of Louisiana. I yield myself 30 seconds.
Mr. Chairman, I would like to include in the Record a one-pager that
was released by the various groups that I
[[Page H3611]]
cited, and I would also like to include in the Record a document that
was written in March of this year by the five Gulf States that explains
the management.
The State-Based Solution to Gulf of Mexico Red Snapper
In March 2015, the directors of the state fish and wildlife
agencies from Alabama, Florida, Louisiana, Mississippi and
Texas announced an agreement for state-based management of
Gulf of Mexico red snapper, which in recent years has
experienced increasing privatization of this public resource
and decreasing recreational fishing opportunities.
Gulf of Mexico red snapper is presently managed by the Gulf
of Mexico Fishery Management Council, under the National
Marine Fisheries Service. The states' agreement, which is
predicated on transferring management authority away from the
Council, describes the key elements of a plan in which the
five Gulf states would coordinate management of red snapper
throughout the Gulf of Mexico through the proposed Gulf
States Red Snapper Management Authority.
Numerous regional and national fisheries organizations have
come out in support of the states' plan. The recreational
fishing community has long had a strong relationship with
state fish and wildlife agencies because of their ability to
manage fisheries resources in a way that allows for healthy
populations and public access. Most all of the nation's most
popular saltwater recreational fisheries are managed by the
states. Rarely, if ever, does overfishing occur in state-
managed recreational fisheries.
States are also tremendously successful at managing
commercial fisheries. Nothing in the Gulf states' plan
proposes to change how the commercial red snapper fishery is
managed.
It has become abundantly clear that the current Gulf red
snapper management system cannot produce successful outcomes
for recreational fishermen. Somewhere along the way of
rebuilding the fishery, to where it's now at an abundance
level beyond anyone's expectations, management went off the
tracks. A new path forward is needed, the states' are to be
commended for their willingness to take on this task.
Representatives Garret Graves of Louisiana and Jeff Miller
of Florida are championing this plan. They are working to
ensure congressional action on this issue aligns with the
five Gulf states.
____
March 13, 2015.
To Whom It May Concern: Management of the red snapper
fishery in the Gulf of Mexico continues to be a major
challenge with increasing dissatisfaction among anglers and
serious calls for restructuring the Gulf red snapper
management system. As a result, a number of proposals and
various drafts of legislation for changing this system have
emerged. Recognizing that significant changes are being
considered, the marine fisheries directors from the five Gulf
States have been engaged in an effort to develop and document
an alternative to the current management strategy that has
mutual agreement and support. Together, we have developed a
framework for cooperative state-based management of Gulf red
snapper; the enclosed document outlines the conceptual
elements of that plan.
Under this alternative concept, the Gulf States would
coordinate management of red snapper throughout the Gulf of
Mexico through a new, independent body called the Gulf States
Red Snapper Management Authority (GSRSMA). The GSRSMA would
be comprised of the principle marine fisheries managers from
each Gulf States, and the management authority for Gulf-red
snapper would no longer reside within the Gulf of Mexico
Fishery Management Council.
The GSRSMA framework outlines a straightforward process
that would allow states to use flexible management approaches
to manage red snapper to meet local needs as well as Gulf-
wide conservation goals. Each state would be responsible for
all management of red snapper in their respective state and
adjacent federal waters. The GSRSMA would approve each
state's management plan, coordinate population assessments,
provide consistent accountability measures, and distribute
federal funding for research, assessment, and management.
Each state fisheries management agency places great value
in working together in partnership and collaboration to
ensure we have a robust, sustainable, and accessible red
snapper fishery in the Gulf. The states recognize the
importance of the red snapper fishery to the fabric and
identity of local communities throughout the Gulf as well as
the tremendous economic impact that it provides each state.
Thank you for the opportunity to present to you the GSRSMA
concept agreed upon by each state. If there are any questions
or comments about the concept, please do not hesitate to
contact any of us directly.
Sincerely,
Robin Riechers,
Director of Coastal Fisheries, Texas Parks and Wildlife
Department.
Randy Pausina,
Assistant Secretary, Office of Fisheries, Louisiana
Department of Wildlife and Fisheries.
Jamie Miller,
Executive Director, Mississippi Department of Marine
Resources.
Chris Blankenship,
Director, Marine Resources Division, Alabama Department of
Conservation and Natural Resources.
Jessica McCawley,
Director, Division of Marine Fisheries Management, Florida
Fish and Wildlife Conservation Commission.
Enclosure.
Gulf States Red Snapper Management Authority (GSRSMA)
This document outlines elements of a plan in which the Gulf
States would coordinate management of red snapper throughout
the Gulf of Mexico through the Gulf States Red Snapper
Management Authority (GSRSMA).
Management
The governing body of GSRSMA would be comprised of the
principal fisheries manager (or his/her proxy) from each of
the five Gulf States. There would be a rotating chair serving
a two-year term. All actions of GSRSMA would be by majority
vote. The primary function of the GSRSMA would be approval of
each state's or group of states' Red Snapper Fisheries
Management Plan (hereafter referred to as the Plan) which
would address all components (commercial and recreational) of
the Gulf States red snapper fishery. The Plan may extend to
multiple years with annual review of specific components to
include, but not limited to: assessment methodology, data
collection, annual management measures and timelines.
The Plan would include an initial three-year prohibition on
any actions that might affect individual fishing quotas or
management structure of the commercial fishery, effective
from date of adoption by GSRSMA. During this period, NOAA
Fisheries through the Gulf of Mexico Fishery Management
Council would continue to manage the commercial fishery under
existing regulations.
Each state would be responsible for the management of the
fishery in their respective state territorial sea and
adjacent exclusive economic zone (EEZ) water using the best
available science and information. The states would be
required to ensure overfishing will not occur through the
full range of management and assessment strategies available
to each state or group of states acting in concert. These
strategies would not be limited to those based on total
allowable catch. The GSRSMA, as a whole would annually review
and approve the red snapper management actions of an
individual state or groups of states acting in concert. If
the status of the fishery in each state is in equilibrium or
expanding, no change in management actions may be required.
If the status of the fishery is below equilibrium or
declining, the responsible state or states would be required
to take appropriate action to revise existing management
actions to establish equilibrium, and those actions would
have to be approved by the GSRSMA.
The GSRSMA or each state would be required to prepare an
annual report on the status of the fishery based on the
individual states (or states acting in concert) management
strategies and assessment methodologies. The GSRSMA will
conduct a periodic gulf-wide population review of red snapper
on a schedule not to exceed every 5 years.
Assessment
Each individual state or group of states would conduct an
assessment of the status of red snapper populations within
their adjacent waters. The full range of assessment
methodologies would be available to each state or group of
states using the best available science to inform management
actions.
Assessments would be conducted periodically on a timeline
determined by the GSRSMA. Assessment methodologies and data
collection strategies for both fisheries dependent and
independent data would be approved by the GSRSMA. The GSRSMA
would be required to conduct a periodic and Gulf-wide
population review of the health of the fishery and status of
red snapper on a schedule not to exceed five years between
such assessments.
Accountability
Each Gulf state would formally agree to comply fully with
management measures developed through the GSRSMA-approved
Plan under a memorandum of agreement. The GSRSMA could
request additional accountability actions through the
Secretary of Commerce if a Gulf state or group of Gulf states
adopted management measures or regulations significantly
inconsistent from the red snapper management framework
identified in the Plan when such inconsistent measures could
negatively impact the interests of other Gulf states with
regard to red snapper management.
The procedures established as part of the Striped Bass Act,
Sec. 5153--Monitoring of Implementation and Enforcement by
Coastal States would serve as a model for developing
procedures for action through the Secretary of Commerce
specific to the red snapper fishery in the Gulf of Mexico.
Federal action to provide accountability and ensure
consistency would be limited to the federal waters adjacent
to the state(s) that adopted inconsistent management measures
or actions.
[[Page H3612]]
Under no circumstances would federal authority or action
supersede that of an individual state within designated state
waters. The following link provides greater detail on the
procedures used by the Atlantic States Marine Fisheries
Commission in regards to management of striped bass: http://
www.asmfc.org/uploads/file/Striped_Bass_Act.pdf
State regulation of red snapper would extend seaward from a
state's shoreline to the 200 mile limit (Figure 1).
Individual states would enforce regulations within their
boundaries under licensing to that state or with agreement
and appropriate licensing in other adjacent states. State
regulations related to red snapper under the Plan would apply
to all fishing activities associated with red snapper landed
in a given state, not just state registered vessels.
State waters for all Gulf States would extend to nine
nautical miles for the purpose of uniform enforcement and
management actions related to red snapper.
Funding
Federal funding specific to red snapper now going to
federal research, assessment and management would be
appropriated to the Gulf States Marine Fisheries Commission
and passed through to the states for use and distribution
under the GSRSMA.
Federal funding of enforcement that is currently provided
to the Gulf States for fisheries enforcement shall not be
reduced because of transfer of red snapper management to
GSRSMA. Federal agents will work in concert with deputized
state agents to enforce state regulations approved by the
GSRSMA.
The National Marine Fisheries Service will continue to
provide access to all fisheries data and services available
before transfer of red snapper management under the same
arrangements and conditions after the transfer of management
authority to GSRSMA.
Figure 1. Jurisdictional boundaries designated for
enforcement purposes at a state level. These boundaries may
be adjusted based on state(s) exercising the option to work
in concert on regulations with each other.
Statutory Provisions
In order to establish the GSRSMA, the management of red
snapper must be vacated from the Gulf of Mexico Fishery
Management Council Reef Fish Fishery Management Plan and any
provisions that have been established for red snapper with
that plan or any amendments to that plan.
Additionally, this Act and any provisions of this Act
regarding management and enforcement of any regulations and
management provisions to the extent that there is any
conflict will take precedence over the MSA and any portions
of the Gulf of Mexico Fishery Management Council's Reef Fish
Fishery Management Plan.
____
Key Provisions
Gulf States Red Snapper Management Authority (GSRSMA)
This document provides a summary of the key elements of a
plan in which the Gulf states would coordinate management of
red snapper throughout the Gulf of Mexico through the
proposed Gulf States Red Snapper Management Authority
(GSRSMA).
Management & Assessment
The governing body for the GSRSMA would be comprised of the
principal fisheries manager (or his/her proxy) from each of
the five Gulf States.
Primary function of the GSRSMA would be approval of each
state's Red Snapper Fisheries Management Plan which would
address all components of the fishery.
Within each Plan there would be an initial three year
prohibition on actions affecting individual fishing quotas.
Using the best available science, each state would be
responsible for the management of the fishery in their
respective state territorial sea and adjacent exclusive
economic zone (EEZ) waters to ensure that overfishing would
not occur.
Reporting requirements will include an annual report on the
status of the fishery from each state(s) and a gulf-wide
population review will be conducted at least every 5 years.
Accountability
Each state would formally agree to comply fully with
management measures developed through the GSRSMA-approved
Plan.
The GSRSMA could request additional accountability actions
through the Secretary of Commerce if a Gulf state or group of
Gulf states adopted management measures or regulations
significantly inconsistent with the Plan.
Any accountability action based on a request to the
Secretary of Commerce would be limited to federal waters
adjacent to the state or states that adopted measures
inconsistent with the Plan.
State regulations and enforcement of those regulations for
red snapper would extend seaward from a states shoreline to
the 200 mile limit.
State waters for all Gulf States would extend to nine
nautical miles for the purpose of uniform enforcement and
management actions related to red snapper.
Funding
Federal funding for research, assessment and management of
red snapper would be appropriated to the Gulf States Marine
Fisheries Commission and passed to the states.
Federal funding for fisheries enforcement shall continue at
current levels and NMFS will continue to share fisheries data
and other data necessary for management after transfer of
authority.
Statutory Provisions
Provisions of this Act will take precedence over the MSA
and any portions of the Gulf of Mexico Fishery Management
Council Reef Fish Fishery Management Plan.
Mr. GRAVES of Louisiana. I yield such time as he may consume to the
gentleman from Utah (Mr. Bishop), the distinguished chairman.
Mr. BISHOP of Utah. Mr. Chairman, in the same way Federal lands must
be accessible to sportsmen and -women, so must our Federal waters as
well.
I concur with the gentleman that there is an access problem with the
red snapper. The underlying bill extends the Gulf State coastal waters
to 9 miles, requires fish to be counted around reefs, and requires the
incorporation of State and local data on red snapper management so that
the red snapper population will be counted.
Almost everyone agrees that the population is undercounted, but
counting more fish does not guarantee that recreational fishermen will
have more days in Federal waters.
I want to work with the gentleman from Louisiana, Mr. Miller of
Florida, and any other coastal States Representatives to have hearings
and move along other bills that may come about.
Mr. GRAVES of Louisiana. Mr. Chairman, in closing, I just want to say
that I appreciate Chairman Bishop's offer to move legislation that the
distinguished chairman of the Veterans' Affairs Committee and I will be
introducing soon that pertains to this exact issue and to have hearings
on this as well.
Mr. BOUSTANY. Mr. Chair, in Louisiana, we fish--whether that's
enjoying a Saturday on the water for fun or making a living as a
commercial or charter fisherman.
That's why I stand with my Louisiana colleague, Garret Graves, in
support of this common-sense amendment.
As an expert on policies affecting our Gulf Coast, Congressman Graves
knows it is rare for all 5 Gulf states to agree when it comes to ocean
management and conservation policy.
So it's remarkable when these 5 states come together on a proposal to
transfer Red Snapper management in the Gulf of Mexico away from the
federally managed program that continues to fail recreational anglers.
That's all this common-sense amendment does--make this existing
management agreement into law.
I believe as Representative Graves does when states come together to
present a working proposal to Congress, we as their Representatives
should listen.
I urge my colleagues to support states' rights and support this
amendment.
Mr. GRAVES of Louisiana. With that, I withdraw the amendment.
Amendment No. 7 Offered by Mr. Wittman
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in House Report 114-128.
Mr. WITTMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill, add the following:
SEC. 29. AUTHORITY TO USE ALTERNATIVE FISHERY MANAGEMENT
MEASURES.
Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7), the following:
``(8) have the authority to use alternative fishery
management measures in a recreational fishery (or the
recreational component of a mixed-use fishery), including
extraction rates, fishing mortality targets, and harvest
control rules, in developing a fishery management plan, plan
amendment, or proposed regulations.''.
The Acting CHAIR. Pursuant to House Resolution 274, the gentleman
from Virginia (Mr. Wittman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. WITTMAN. Mr. Chairman, my amendment would give the National
Oceanic and Atmospheric Administration, NOAA, Fisheries the authority
to implement management practices better suited to the nature and scope
of recreational fishing.
I hope we can all agree that commercial and recreational fisheries
are fundamentally different activities, with dissimilar harvest data
collection systems that can benefit from different management
techniques.
[[Page H3613]]
Commercial fisheries are managed for yield. Commercial landings can
usually be counted or weighed in realtime; thus, quotas can be enforced
in realtime. This allows managers to close a fishery well before the
allowable catch is exceeded. In short, a commercial fishery's catch can
be managed in realtime based on data from verified landings.
Recreational fisheries are different and should be managed for
expectation, as opposed to yield. Anglers fish for a variety of
reasons, but a lack of fish will make them go less frequently or stop
altogether. Anglers and fishermen need to believe they will have
opportunity to encounter fish, with the hopes they may catch some,
possibly including some large enough to take home.
Instead of yield, abundance and age structure are key elements to
recreational fisheries since those factors govern both the rate of
encounters and the size of fish caught. Maximizing yield has little
meaning in most recreational fisheries. That is why NOAA's National
Marine Fisheries Service should manage recreational fisheries based on
expected long-term harvest rates, not strictly on yield or poundage-
based quotas.
This strategy has been successfully used by State fisheries managers
in our freshwater and coastal fisheries, providing exceptional
recreational fishing opportunities while ensuring sustainable fish
populations.
By managing the recreational sector based on harvest rate as opposed
to a poundage-based quota, managers have been able to provide
predictability in regulations while also sustaining a healthy
population.
While the Magnuson-Stevens Act does not specifically prohibit such an
approach, it should specifically direct the National Marine Fisheries
Service and regional councils to consider alternative strategies to
commercial management for appropriate recreationally valuable
fisheries.
I urge my colleagues to support this amendment that provides
additional flexibility to improve the management of important
recreational fisheries.
I reserve the balance of my time.
Mr. GRIJALVA. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Arizona is recognized for 5
minutes.
Mr. GRIJALVA. Mr. Chairman, I understand and appreciate the
motivation behind the gentleman's amendment. Recreational fisheries are
inherently different from commercial fisheries. The language is similar
to the alternative rebuilding strategy section in the underlying bill,
one of the few parts that does not harm conservation efforts.
However, that provision states clearly that the alternative
strategies must be in compliance with the requirements of the Magnuson-
Stevens Act, including ending overfishing, setting science-based catch
limits, and sticking to rebuilding timelines.
This amendment does not include those safeguards and, therefore,
could be construed as to allow overfishing or delay the rebuilding of
overfished stock. We have made too much progress in managing fisheries
to backtrack now.
I urge a ``no'' vote on the amendment and reserve the balance of my
time.
Mr. WITTMAN. Mr. Chairman, I would tell the gentleman from Arizona
that this amendment does not in any way stop National Marine Fisheries
Service or the councils from preventing overfishing and making the
needed changes to management.
This bill purely provides them the flexibility and adaptability to
properly manage recreational fisheries which, as the gentleman from
Arizona said, we all know are different than those commercial
fisheries.
I want to make sure that they have the opportunity to manage the
fisheries properly and especially in light of recreational fishermen
and the local economies that depend on viable, sustainable recreational
fisheries.
We know that we have to make sure we are making good resource
decisions, and we do that by providing that flexibility and
adaptability. This amendment allows us to do that.
It allows recreational fisheries and the management thereof to be
treated different than commercial fisheries which we have all seen
through time we must do if we are to manage them in the best interest
not only of the resource itself--that is the fish--but to manage it in
the best interest of our recreational fishermen and the economies that
depend on them.
Mr. Chairman, I yield back the balance of my time.
Mr. GRIJALVA. Mr. Chairman, without the safeguards that are included
in the Magnuson-Stevens Act being part of this amendment, we continue
to recommend a ``no'' vote on the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Wittman).
The amendment was agreed to.
Amendment No. 8 Offered by Mr. Huffman
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 114-128.
Mr. HUFFMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike all and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fishing Economy Improvement
Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the reference shall
be considered to be made to a provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
SEC. 3. AMENDMENTS TO DEFINITIONS.
Section 3 (16 U.S.C. 1802) is amended--
(1) by inserting after paragraph (1) the following:
``(1a) The term `artisanal fishing' means subsistence or
small scale traditional fishing involving fishing households
(as opposed to commercial companies)--
``(A) using a relatively small amount of capital and energy
and relatively small fishing vessels (if any);
``(B) making short fishing trips, close to shore; and
``(C) mainly for local consumption.'';
(2) by inserting after paragraph (27) the following:
``(27a) The term `marine aquaculture' means the propagation
and rearing of aquatic species in controlled or selected
environments in the exclusive economic zone.''; and
(3) in paragraph (16), by adding at the end the following:
``Such term does not include marine aquaculture.''.
SEC. 4. TRANSPARENCY AND PUBLIC PROCESS.
(a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B))
is amended by adding at the end the following: ``Each
scientific and statistical committee shall develop such
advice in a transparent manner and allow for public
involvement in the process.''.
(b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is
amended by adding at the end the following:
``(G) Each Council shall make available on the Internet
website of the Council--
``(i) to the extent practicable, a Web cast or a live audio
or video broadcast of each meeting of the Council, and of the
Council Coordination Committee established under subsection
(l), that is not closed in accordance with paragraph (3); and
``(ii) an audio or video recording (if the meeting was in
person or by video conference), or a searchable audio
recording or written transcript, of each meeting of the
Council and of the meetings of committees referred to in
section 302(g)(1)(B) of the Council, by not later than 30
days after the conclusion of the meeting.
``(H) The Secretary shall maintain and make available to
the public an archive of Council and scientific and
statistical committee meeting audios, videos, and transcripts
made available under clauses (i) and (ii) subparagraph
(G).''.
SEC. 5. INCLUSION OF ARTISANAL FISHING SECTORS IN FISHERY
MANAGEMENT PLANS.
Section 303(a)(13) (16 U.S.C. 1853(a)(13)) is amended by
inserting ``artisanal,'' after ``include a description of the
commercial, recreational,''.
SEC. 6. IMPROVING FISHERIES DATA COLLECTION.
(a) Electronic Monitoring.--
(1) Issuance of guidance.--
(A) Requirement.--The Secretary of Commerce shall issue
guidance regarding the use of electronic monitoring for the
purposes of monitoring fisheries that are subject to the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(B) Content.--The guidance shall--
(i) distinguish between monitoring for data collection and
research purposes and monitoring for compliance and
enforcement purposes; and
(ii) include minimum criteria, objectives, or performance
standards for electronic monitoring.
(C) Process.--In issuing the guidance the Secretary shall--
(i) consult with the Regional Fishery Management Councils
and interstate fishery management commissions;
[[Page H3614]]
(ii) publish the proposed guidance; and
(iii) provide an opportunity for the submission by the
public of comments on the proposed guidance.
(2) Implementation of monitoring.--
(A) In general.--Subject to subparagraph (B), and after the
issuance of the final guidance, a Council, or the Secretary
for fisheries referred to in section 302(a)(3) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(a)(3)), may, in accordance with the guidance, on
a fishery-by-fishery basis and consistent with the existing
objectives and management goals of a fishery management plan
and the Act for a fishery issued by the Council or the
Secretary, respectively, amend such plan--
(i) to incorporate electronic monitoring as an alternative
tool for data collection and monitoring purposes or for
compliance and enforcement purposes (or both); and
(ii) to allow for the replacement of a percentage of on-
board observers with electronic monitoring.
(B) Comparability.--Subparagraph (A) shall apply to a
fishery only if the Council or Secretary, respectively,
determines that such monitoring will yield comparable data
collection and compliance results.
(3) Pilot projects.--Before the issuance of final guidance,
a Council, or the Secretary for fisheries referred to in
section 302(a)(3) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(3)), may,
subject to the requirements of such Act, on a fishery-by-
fishery basis, and consistent with the existing objectives
and management goals of a fishery management plan for a
fishery issued by the Council or the Secretary, respectively,
conduct a pilot project for the use of electronic monitoring
for the fishery.
(4) Deadline.--The Secretary shall issue final guidance
under this subsection by not later than 12 months after the
date of enactment of this Act.
(b) Video and Acoustic Survey Technologies.--The Secretary
shall work with the Regional Fishery Management Councils and
nongovernmental entities to develop and implement the use
pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) of video survey
technologies and expanded use of acoustic survey
technologies.
SEC. 7. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.
(a) Plan.--Section 318 (16 U.S.C. 1867) is amended--
(1) in subsection (a), by inserting ``(1)'' before the
first sentence, and by adding at the end the following:
``(2) Not later than one year after the date of enactment
of the Fishing Economy Improvement Act, and after
consultation with the Councils, the Secretary shall publish a
plan for implementing and conducting the program established
in paragraph (1). Such plan shall identify and describe
critical regional fishery management and research needs,
including for data-poor stocks for which limited scientific
or commercial information is available, possible projects
that may address those needs, and estimated costs for such
projects. The plan shall be revised and updated every 5
years, and updated plans shall include a brief description of
projects that were funded in the prior 5-year period and the
research and management needs that were addressed by those
projects.'';
(2) in subsection (b), by striking ``in consultation with
the Secretary.'' and inserting ``. Each Council shall provide
a list of such needs to the Secretary on an annual basis,
identifying and prioritizing such needs.''; and
(3) in subsection (c)--
(A) in the heading, by striking ``Funding'' and inserting
``Priorities''; and
(B) in paragraph (1), by striking all after ``including''
and inserting an em dash, followed on the next line by the
following:
``(A) the use of fishing vessels or acoustic or other
marine technology;
``(B) expanding the use of electronic catch reporting
programs and technology; and
``(C) improving monitoring and observer coverage through
the expanded use of electronic monitoring devices and
satellite tracking systems such as vessel monitoring systems
(VMS) on small vessels.''.
(b) Zeke Grader Fisheries Conservation and Management
Fund.--
(1) In general.--Section 208 of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2006 (16 U.S.C. 1891b) is amended--
(A) in the section heading, by inserting ``zeke grader''
before ``fisheries conservation and management fund'';
(B) in subsection (a), by inserting ``Zeke Grader'' before
``Fisheries Conservation and Management Fund''; and
(C) in subsection (c), by striking ``Fishery Conservation
and Management Fund'' each place it appears and inserting
``Zeke Grader Fisheries Conservation and Management Fund''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 208 and inserting
the following:
``Sec. 208. Zeke Grader Fisheries Conservation and Management Fund.''.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Fisheries Conservation and Management Fund'' is deemed to
be a reference to the ``Zeke Grader Fisheries Conservation
and Management Fund''.
SEC. 8. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND RED
SNAPPER MANAGEMENT.
(a) Reporting and Data Collection Program.--The Secretary
of Commerce shall--
(1) in conjunction with the States, the Gulf of Mexico
Fishery Management Council, and the recreational fishing
sectors, develop and implement a real-time reporting and data
collection program for the Gulf of Mexico red snapper fishery
using available technology; and
(2) make implementation of this subsection a priority for
funds received by the Secretary and allocated to the Gulf of
Mexico region under section 2 of the Act of August 11, 1939
(commonly known as the ``Saltonstall-Kennedy Act'') (15
U.S.C. 713c-3).
(b) Stock Surveys and Stock Assessments.--The Secretary of
Commerce, acting through the National Marine Fisheries
Service Regional Administrator of the Southeast Regional
Office, shall for purposes of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.)--
(1) develop a schedule of stock surveys and stock
assessments for the Gulf of Mexico Region and the South
Atlantic Region for the 5-year period beginning on the date
of the enactment of this Act and for every 5-year period
thereafter;
(2) direct the Southeast Science Center Director to
implement such schedule; and
(3) in such development and implementation--
(A) give priority to those stocks that are commercially or
recreationally important; and
(B) ensure that each such important stock is surveyed at
least every 5 years.
(c) Use of Fisheries Information in Stock Assessments.--The
Southeast Science Center Director shall ensure that fisheries
information made available through fisheries programs funded
under Public Law 112-141 is incorporated as soon as possible
into any fisheries stock assessments conducted after the date
of the enactment of this Act.
SEC. 9. RECREATIONAL FISHING DATA.
(a) Recreational Data Collection.--Section 401(g) (16
U.S.C. 1881(g)) is amended by redesignating paragraph (4) as
paragraph (5), and by inserting after paragraph (3) the
following:
``(4) Federal-state partnerships.--
``(A) Establishment.--The Secretary shall establish
partnerships with States to develop best practices for
implementation of State programs that are exempted under
paragraph (2).
``(B) Guidance.--The Secretary shall develop guidance, in
cooperation with the States, that details best practices for
administering State programs that are exempted under
paragraph (2), and provide such guidance to the States.
``(C) Biennial report.--The Secretary shall submit to the
Congress and publish biennial reports that include--
``(i) the estimated accuracy of the registry program
established under paragraph (1) and of State programs that
are exempted under paragraph (2);
``(ii) priorities for improving recreational fishing data
collection; and
``(iii) an explanation of any use of information collected
by such State programs and by the Secretary, including a
description of any consideration given to the information by
the Secretary.
``(D) State grant program.--The Secretary shall make grants
to States to improve implementation of State programs
consistent with this subsection. The Secretary shall
prioritize such grants based on the ability of the grant to
improve the quality and accuracy of such programs.''.
(b) Study of Recreational Fisheries Data.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Commerce shall
enter into an agreement with the National Research Council of
the National Academy of Sciences to study the implementation
of the programs described in section 401 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881). The study shall--
(A) provide an updated assessment of recreational survey
methods established or improved since the publication of the
Council's report entitled ``Review of Recreational Fisheries
Survey Methods (2006)'';
(B) evaluate the extent to which the recommendations made
in that report were implemented pursuant to subsection
(g)(3)(B) of that section; and
(C) examine any limitations of the Marine Recreational
Fishery Statistics Survey and the marine recreational
information program established under subsection (g)(3)(A) of
that section.
(2) Report.--Not later than 1 year after entering into an
agreement under paragraph (1) the Secretary shall submit a
report to Congress on the results of the study under
paragraph (1).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 4 (16 U.S.C. 1803) is amended--
(1) by striking ``this Act'' and all that follows through
``(7)'' and inserting ``this Act''; and
(2) by striking ``fiscal year 2013'' and inserting ``each
of fiscal years 2016 through 2021''.
The Acting CHAIR. Pursuant to House Resolution 274, the gentleman
from California (Mr. Huffman) and a
[[Page H3615]]
Member opposed each will control 10 minutes.
The Chair recognizes the gentleman from California.
Mr. HUFFMAN. Mr. Chairman, I yield myself such time as I may consume.
I rise in support of our amendment in the nature of a substitute.
I do want to express my respect and appreciation for the gentleman
from Alaska (Mr. Young) and his commitment to fisheries management
issues over the years. I know many Members, including myself, are very
concerned about the sustainability of the fishing industry in our own
districts.
I represent about a third of the California coast, including many
working coastal communities; and the importance of marine fisheries to
my district and, I would say, to our country cannot be overstated.
U.S. fisheries have not only shaped the cultural identity of coastal
communities, such as those I represent and our country, but they have
also contributed economically in a very significant way, nearly $90
billion and 1.5 million jobs.
{time} 1730
Recreational fishing provides important opportunities to bring
families and communities together, and, of course, subsistence fishing
is a culturally significant tradition that provides an important food
source for many people.
However, I do not believe that H.R. 1335 represents a constructive
approach to ensuring abundant resources for current and future
generations of fishermen. This bill would take us backward in many
respects. It would roll back important elements of the Magnuson Act
that are critical to making fisheries and the fishing industry in the
United States economically and environmentally sustainable. I also
don't believe that successful fisheries management has to include
taking potshots at bedrock environmental laws like the Endangered
Species Act, the Antiquities Act, and NEPA, as this bill seeks to do.
For these reasons, I can't support it.
Congress first enacted the Magnuson-Stevens Act in 1976, with two
main goals: first, to put an end to unregulated fishing by foreign
fleets in U.S. waters, and, second, to develop domestic fleets that
could reap the economic benefit of our considerable fisheries
resources. It worked, and it worked so well that domestic fishing soon
replaced foreign fleets in overexploiting U.S. fisheries.
The 1996 reauthorization required regional fisheries management
councils, for the first time, to end domestic overfishing and to
develop rebuilding plans, and then the 2007 reauthorization added an
important timeline for rebuilding plans and also enforced catch limits.
The original law, together with these amendments, established a
fisheries management system in the United States that is now a model
for the rest of the world.
The important point here is that all three of these acts were
bipartisan bills, developed and approved by Republicans and Democrats
alike, because everybody recognized the need to maintain sustainable
fish stocks and to support domestic commercial and recreational
fishing. Now, these were also effective progressive endeavors that
drastically improved the fisheries in our country. In fact, our Federal
fisheries today have the lowest ever number of stocks that are
overfished or subject to overfishing, and a total of 37 stocks have
been rebuilt. This is evidence that our science-based approach to
determining stock status and the managing for sustainability is
working.
But contrary to previous bipartisan acts of Congress, this bill was
developed with very little input from Democrats. Subsequently, it was
passed out of committee on a strict party-line vote--no Democrats
voting in favor and not a single Democratic amendment accepted. Every
witness at each hearing that the committee held on this topic in the
last Congress agreed on one thing: the Magnuson-Stevens Act was largely
working.
This is not a situation where we should be overhauling the law in a
wholesale way. It is a situation where we should be making small
improvements so that the law can continue to work well into the future.
Now, Mr. Chairman, we want to have meaningful discussions with our
Republican colleagues and develop bipartisan legislation in the spirit
of previous successful Magnuson Act authorizations. To this end, I
introduced the Fishing Economy Improvement Act with my friend, Mr.
Sablan, and we are offering a germane version as a substitute amendment
that would reauthorize Magnuson and leave intact the core conservation
and management provisions, including the requirements to rebuild
overfished stocks and set annual catch limits.
The substitute amendment would also make improvements to the act. It
would prioritize cooperation between scientists and fishermen on
research efforts, a collaboration that produces useful information,
breeds confidence in the system, and improves management outcomes. It
infuses new funding into cooperative research, allowing the agency to
accept outside funding, and it modernizes fishery collection and
management by encouraging the use of electronic monitoring.
The amendment makes improvements to the operations of the regional
fishery management councils, as well, by increasing transparency and
public participation in the process; and it requires that the councils
consider the interests of Native Alaskans, Pacific Islanders, and
American Indians, who often depend on fish for their livelihoods, in
fishery management plans.
Our hope is that we can use this reauthorization process to start a
thoughtful, constructive, and bipartisan conversation about fisheries
management in the United States. At a time when our oceans face many
stressors, including the combined effects of pollution, acidification,
and ocean warming, it is essential that we reauthorize Magnuson and
build on the act's legacy of successful science-based management.
Mr. Chairman, the fishermen and coastal communities I represent and
those whom my colleagues represent deserve that conversation; and, more
importantly, they deserve a bill that honors the decades of work that
have gone into making American fishery management more sustainable,
both economically and ecologically. I urge my colleagues to support our
substitute amendment, and I reserve the balance of my time.
Mr. BISHOP of Utah. I claim the time in opposition.
The Acting CHAIR. The gentleman is recognized for 10 minutes.
Mr. BISHOP of Utah. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I appreciate the amendment that has been presented by
the gentleman from California. It is a much better amendment than was
presented in the committee in which there were elements that were in
there that dealt with the California drought, that dealt with NGOs
being able to contribute that should never have been a part of it, and
I appreciate his not putting those in this particular amendment that is
on the floor. But at the same time, it does roll back all the
flexibility that was significant and important here. It rolls back the
transparency that needs to be in effect.
The underlying bill specifically requires the scientific and
statistical committees to develop the scientific advice provided to the
councils in a transparent manner and allows them to allow for public
involvement in the process. It requires councils to provide Webcasts or
audio of each council meeting and posting such recordings on their Web
site within 30 days of that particular meeting, and it requires an
opportunity for public comment or proposals that are relating to the
use of electronic monitoring technology. Those would also not be
included if this amendment were to take place.
Some of the ``bedrock'' laws that are referred to here are indeed not
taken out of the process. That was handled in one of the other debates
we had on a different amendment, which simply says what we are trying
to do is avoid just going through the motions a second time, to try and
cut the red tape for more efficiency so that a NEPA law or fish
management act, they are the same thing, why do it twice when once is
sufficient? Why waste the time, energy, and effort of public bodies to
do that? And all those, once again, would be reinstated, that double
effort would be reinstated at the same time.
With that, Mr. Chairman, this bill, as a 4-year process, not a recent
process,
[[Page H3616]]
goes back to several other times. And in my opening statement, I did
quote from the leadership of the minority party at the time 2 years
ago, in that committee, how much they were grateful for the input they
had on this bill and for taking ideas from the Democrat side that were
incorporated, and those ideas are still in the base bill.
It is one of the concepts here that I would love to have a bipartisan
bill. But more importantly, I want to have a good bill, a bill that
solves the problems. You have heard speeches from both sides of the
aisle that simply the status quo is not working. There are too many
problems that need to be solved. That is one of the reasons why the
underlying bill is still being supported by all the people who are
involved in the industry--by the commercial side, by the charter
fishing side, and by the recreation people--and the first time that has
ever happened.
So I commend the gentleman from Alaska for having done a good
process, and I would say go with the underlying bill. It has a better
chance of moving us forward to provide better progress and better
significance in the future.
Mr. Chairman, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Maine (Ms. Pingree), a district that certainly understands the
importance of sustainable commercial and recreational fisheries.
Ms. PINGREE. I thank Mr. Huffman for giving this opportunity and for
caring so deeply about our coastal communities and our fisheries.
Mr. Chairman, I rise today to support the Huffman-Sablan amendment
because it would update the process we use to manage our Nation's
fisheries without throwing away core programs. In particular, the
Huffman-Sablan amendment would modernize fishery data collection by
using electronic monitoring and fisheries survey technologies. These
are the technologies that our fishermen need to update the current
program, and they are the wave of the future--no pun intended.
I think it is helpful for all of us to recognize the fact that NOAA's
budget for the so-called wetside programs has been facing devastating
cuts as well as the sequester cuts over the past several years. As a
result, now more than ever, we need to look at about how we can make
our dollars do more with our fisheries. Electronic monitoring is a
place where we can make an investment in the future that will help our
fishermen today.
Also, the substitute amendment will ensure that we leave intact
conservation programs that have been helping us to address overfished
stocks. In the Gulf of Maine, we have seen the crisis in our fisheries
firsthand, and we want to make sure that we are not forgetting all the
work that our men and women who make their livings on the water have
done. We do not want to roll back important conservation and management
guidelines.
So again, Mr. Chairman, I support the Huffman-Sablan amendment. I
appreciate my colleagues for working on this, and I urge all of my
other colleagues to do the same.
Mr. BISHOP of Utah. Mr. Chairman, I yield 2 minutes to the gentleman
from Alaska (Mr. Young), the sponsor of the bill.
Mr. YOUNG of Alaska. Mr. Chairman, the gentleman's amendment, I am
pleased to report he has accepted some portion of our bill, but there
is some question about the Endangered Species Act. We had a case in
Alaska where NOAA, which I don't know how it happened, they put the
Steller sea lion on endangered species because of fishing. There was no
real connection between the fishing and the so-called decline in the
Steller sea lions, and they killed a community with no science. We come
to find out the Steller sea lion had moved away from the area where
there was more abundant food, not from fishing. The fishing hadn't
caused any problem at all, but it killed that community.
I argue that in this case, if any of the fishing is endangered, that
is okay, the fish itself. But when you have a species hurt the fishing
community and it didn't affect the sustainable yield, you see why I
think this amendment is incorrect.
I think you have to consider, again, the purposes of the Magnuson-
Stevens Act, which originated in the House, was for sustainable
fisheries and sustainable communities. When you have another act
interfere with that, that doesn't have any science, then I think it is
incorrect.
So I understand what the gentleman is saying. Electronically
monitoring fisheries is good. The gentlewoman from Maine mentioned
that. It is in the bill. There is a lot in this bill that is in the
Sablan amendment. But what you are trying to suggest, you roll back the
transparency and, I think, the community activity, which hurts the
original base bill, which is the bill that I sponsored.
Mr. HUFFMAN. Mr. Chairman, I would just note that the process for
listing under the Endangered Species Act requires best available
science. It is a very rigorous and public process, and it is subject to
being challenged in various ways. So we think it is robust and has
proven itself.
With that, Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Beyer), who also represents a coastal State that
understands the importance of sustainably managing our fisheries.
Mr. BEYER. Mr. Chairman, I thank Mr. Huffman.
Mr. Chairman, I am proud to speak in support of the Huffman-Sablan
substitute amendment. This amendment would complement, rather than
overhaul, the fishery management process in place under the Magnuson-
Stevens Act, MSA.
While the current MSA may not be perfect, we have heard from many
groups again and again that it works. We have made incredible gains
since the last reauthorization in 2007.
In its annual report issued in April, NOAA reported that the number
of domestic fish stocks listed as overfished or subject to overfishing
has dropped to an all-time low since 1997. Three more fish stocks were
rebuilt to target levels in 2014, bringing the total number of rebuilt
U.S. marine fish stocks to 37 since 2000. This amazing progress is a
result of the combined efforts of NOAA, the regional fishery management
councils, the fishing industry, and other stakeholders.
NOAA currently has pending proposals to tweak the implementation of
MSA. That process should be allowed to continue. What is needed now are
updates to the MSA that address specific issues that keep the law
current, not a weakening of the law and rollback of conservation
measures such as those proposed in H.R. 1335.
H.R. 1335 would undermine the great improvements we have made to make
our fisheries economically and environmentally sustainable, without
addressing some important factors impacting our fisheries today. For
example, I had hoped to offer an amendment to H.R. 1335 that would have
product councils with a way of taking the effects of climate change
into account when establishing annual catch limits and rebuilding
timelines, but the Rules Committee declined to allow me to offer it on
the floor today, despite the critical need for us to deal with the very
real impacts that climate change is already having on our oceans and
our fisheries.
Mr. Chairman, I urge my colleagues to support the Huffman-Sablan
amendment, which would modernize the data collection and management of
fisheries data, improve recreational fisheries data collection and
reporting, and provide a way for NOAA to accept outside funding to
support cooperative research efforts between scientists and fishermen.
{time} 1745
Mr. BISHOP of Utah. Mr. Chairman, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Chairman, I have nothing further, and I urge an
``aye'' vote on the amendment in the nature of a substitute.
With that, I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Chairman, I appreciate the opportunity of
going through all these amendments. This is one amendment that does not
necessarily move us forward in the process. I wish it did. It did not.
Sometimes there are even little tiny bits and pieces that happen to be
in there that are one of the reasons why, if we were starting from
scratch again, I would ask to be removed.
For example, Mr. Huffman does name one of the funds in here--the
fisheries conservation and management fund--after a gentleman whose
association's members have been party
[[Page H3617]]
to more than 20 Federal cases brought against the Federal agency since
2007. Much of that litigation has been aimed at the Bureau of
Reclamation water projects and farmers and ranchers who serve by them.
Congress should not be rewarding such serial litigation. That is one of
the things I would have asked to have been removed had we started from
scratch in this process.
But above all, the amendment simply erases the flexibility, erases
the transparency, and erases the science improvements that are part of
the underlying bill that are so essential; that the elements of those
people who live in these communities, who recreate in these areas, who
use the commercial side, the fishing side, have all said we are not
doing what we need to do; that the present system does have flaws in it
and needs to be changed, and we need to move forward on that bill. The
underlying bill does that. This amendment does not do that.
I urge a ``no'' vote on this particular amendment and urge us to move
forward with the bill as written.
With that, I yield back the balance of my time.
Mr. SABLAN. Mr. Chair, I am offering an Amendment in the Nature of a
Substitute for H.R. 1335, which was submitted to the Rules Committee by
my colleague Mr. Huffman.
Mr. Chair, the Magnuson-Stevens Fishery Conservation and Management
Act is a sterling example of good federal policy and has helped make
the United States the world leader in sustainable fisheries management.
When we last reauthorized Magnuson-Stevens in 2007, we required the
use of annual catch limits to end and prevent overfishing.
Using this management tool--annual catch limits--we have increased
the number of American fish stocks with populations sufficiently large
that we can count on their ability to continue reproducing.
Using annual catch limits as our guide, we have reduced the number of
stocks being fished in excess of maximum sustainable yield--to an all-
rime low.
Magnuson-Stevens has proven to be effective environmental policy.
It is also good economic policy.
U.S. fisheries contributed nearly $90 billion and 1.5 million jobs to
the economy in 2012. And the National Oceanic and Atmospheric
Administration estimates that, when we have fully rebuilt our
fisheries, they will add another $31 billion to our national economy
and produce 500,000 new jobs.
Of course, we learn as we go; and there are ways that Magnuson-
Stevens could be made even more effective as environmental and economic
policy. The Huffman-Sablan amendment in the nature of a substitute
provides some of that fine-tuning.
And our amendment does that without undermining the annual catch
limits regime and other core principles that have made Magnuson-Stevens
so effective.
H.R. 1335, on the other hand, risks back-sliding on the progress we
have made.
I recognize that some of these issues are technical in nature, but
bear with me.
H.R. 1335 would allow non-target stocks in a fishery to be defined as
ecosystem component species, which are not subject to annual catch
limits, even if these non-target stocks are depleted or overfished. For
instance, H.R. 1335 would allow Atlantic halibut to be reclassified as
an ecosystem component species, no longer subject to an annual catch
limit. Yet, Atlantic halibut today are finally rebuilding after decades
of decline. H.R. 1335 would put that progress at risk.
Another problem with H.R. 1335 is that it tries to conform the
timelines in the National Environmental Policy Act with timelines in
Magnuson-Stevens. This could force the Secretary of Commerce to approve
fishery management plans that have not had the full benefit of National
Environmental Policy Act analysis--particularly, by reducing the amount
of time that the public has to comment on federal action. I do not
think we want to be cutting the public out of this important decision-
making process.
A third problem area for H.R. 1335 is that it prohibits information
sharing. Fisheries data collected by NOAA in the process of
administering Magnuson-Stevens could not be used in the management of
other marine resources managed under the Marine Mammal Protection Act,
the National Marine Sanctuaries Act, the Antiquities Act, the
Endangered Species Act, and the Migratory Bird Treaty Act. Nor could
the Magnuson-Stevens fisheries data be used in managing offshore energy
exploration and development, or water pollution, or coastal resources.
That does not really make much sense.
The substitute amendment Mr. Huffman and I are offering avoids these
pitfalls. We simply want to improve fisheries research and management
to benefit fishermen and fishing communities.
How does our amendment do that?
By implementing electronic monitoring to lower costs for the fishing
fleet;
By improving the collection of fisheries data, which we all agree is
lacking;
By increasing cooperative research and management efforts between
scientists and fishermen;
By making the operations of the Regional Fishery Management Councils
more transparent and open to public participation;
By allowing the Councils to select individuals who have expertise on
subsistence fishing practices, so we incorporate the interests and
expertise of Alaska Natives, Pacific Islanders, and Indian Tribes; and
By recognizing the subsistence fishing may encompass more than
personal consumption, but also includes some small-scale, low
technology, commercial fishing.
And our amendment makes these improvements in Magnuson-Stevens
without undermining core policies that have made the Act so effective.
Magnuson-Stevens is passed due for reauthorization. But let us do so
in a way that does not jeopardize the progress we have made, so we can
keep building more sustainable and more profitable fisheries for today
and for our nation's future.
I ask my colleagues to support the Huffman-Sablan amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Huffman).
The amendment was rejected.
Mr. BISHOP of Utah. Mr. Chairman, I move that the Committee do now
rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LoBiondo) having assumed the chair, Mr. Duncan of Tennessee, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 1335) to amend the Magnuson-Stevens Fishery Conservation and
Management Act to provide flexibility for fishery managers and
stability for fishermen, and for other purposes, had come to no
resolution thereon.
____________________