[Congressional Record Volume 164, Number 130 (Wednesday, August 1, 2018)]
[Senate]
[Pages S5585-S5586]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. SCHUMER (for himself and Mrs. Gillibrand):
S. 3331. A bill to provide for an equitable management of summer
flounder based on geographic, scientific, and economic data and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
[[Page S5586]]
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3331
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fluke Fairness Act of
2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Summer flounder is an important economic fish stock for
commercial and recreational fishermen across the Northeast
and Mid-Atlantic United States.
(2) The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) was reauthorized in
2006 and instituted annual catch limits and accountability
measures for important fish stocks.
(3) That reauthorization prompted fishery managers to look
at alternate management schemes to rebuild depleted stocks
like summer flounder.
(4) Summer flounder occur in both State and Federal waters
and are managed through a joint fishery management plan
between the Council and the Commission.
(5) The Council and the Commission decided that each
State's recreational and commercial harvest limits for summer
flounder would be based upon landings in previous years.
(6) These historical landings were based on flawed data
sets that no longer provide fairness or flexibility for
fisheries managers to allocate resources based on the best
science.
(7) This allocation mechanism resulted in an uneven split
among the States along the East Coast which is problematic.
(8) The fishery management plan for summer flounder does
not account for regional changes in the location of the fluke
stock even though the stock has moved further to the north
and changes in effort by anglers along the East Coast.
(9) The States have been locked in a management system
based on data that occurred over a decade ago and the summer
flounder stock is not being managed using the best available
science and modern fishery management techniques.
(10) It is in the interest of the Federal Government to
establish a new fishery management plan for summer flounder
that is based on current geographic, scientific, and economic
realities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Atlantic
States Marine Fisheries Commission.
(2) Council.--The term ``Council'' means the Mid-Atlantic
Fishery Management Council established under section 302(a)
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1852(a)).
(3) National standards.--The term ``National Standards''
means the national standards for fishery conservation and
management set out in section 301(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1851(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Summer flounder.--The term ``summer flounder'' means
the species Paralichthys dentatus.
SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.
(a) Fishery Management Plan Modification.--Not later than 1
year after the date of enactment of this Act, the Council
shall submit to the Secretary, and the Secretary may approve,
a modified fishery management plan for the commercial and
recreational management of summer flounder under title III of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1851 et seq.) or an amendment to such plan that--
(1) shall be based on the best scientific information
available;
(2) reflects changes in the distribution, abundance, and
location of summer flounder in establishing distribution of
the commercial and recreational catch quotas;
(3) considers regional, coastwide, or other management
measures for summer flounder that comply with the National
Standards; and
(4) prohibits the allocation of commercial or recreational
catch quotas for summer flounder on a State-by-State basis
using historical landings data that does not reflect the
status of the summer flounder stock, based on the most recent
scientific information.
(b) Consultation With the Commission.--In preparing the
modified fishery management plan or an amendment to such a
plan as described in subsection (a), the Council shall
consult with the Commission to ensure consistent management
throughout the range of the summer flounder.
(c) Failure To Submit Plan.--If the Council fails to submit
a modified fishery management plan or an amendment to such a
plan as described in subsection (a) that may be approved by
the Secretary, the Secretary shall prepare and approve such a
modified plan or amendment.
SEC. 5. REPORT.
Not later than 1 year after the date of the approval under
section 4 of a modified fishery management plan for the
commercial and recreational management of summer flounder or
an amendment to such plan, the Comptroller General of the
United States shall submit to Congress a report on the
implementation of such modified plan or amendment that
includes an assessment of whether such implementation
complies with the National Standards.
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