[Congressional Record Volume 165, Number 53 (Wednesday, March 27, 2019)]
[Senate]
[Pages S2049-S2050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHUMER (for himself and Mrs. Gillibrand):
  S. 908. 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.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 908

       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 
     2019''.

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.

       (a) Fishery Management Plan Modification.--Not later than 1 
     year after the date of enactment of this Act, the Council 
     shall submit to the Secretary, and the Secretary may approve, 
     a modified fishery management plan for the commercial 
     management of summer flounder under title III of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1851 et seq.) or an amendment to such plan that--

[[Page S2050]]

       (1) shall be based on the best scientific information 
     available;
       (2) establishes commercial quotas in direct proportion to 
     the distribution, abundance, and location of summer flounder 
     as reflected by fishery independent surveys conducted by the 
     National Marine Fisheries Service and State agencies;
       (3) considers regional, coastwide, or other management 
     measures for summer flounder that comply with the National 
     Standards; and
       (4) prohibits the establishment of commercial catch quotas 
     for summer flounder on a State-by-State basis using 
     historical landings data that does not reflect the status of 
     the summer flounder stock, based on the most recent 
     scientific information.
       (b) Consultation With the Commission.--In preparing the 
     modified fishery management plan or an amendment to such a 
     plan as described in subsection (a), the Council shall 
     consult with the Commission to ensure consistent management 
     throughout the range of the summer flounder.
       (c) Failure to Submit Plan.--If the Council fails to submit 
     a modified fishery management plan or an amendment to such a 
     plan as described in subsection (a) that may be approved by 
     the Secretary, the Secretary shall prepare and consider such 
     a modified plan or amendment.

     SEC. 5. REPORT.

       Not later than 1 year after the date of the approval under 
     section 4 of a modified fishery management plan for the 
     commercial management of summer flounder or an amendment to 
     such plan, the Comptroller General of the United States shall 
     submit to Congress a report on the implementation of such 
     modified plan or amendment that includes an assessment of 
     whether such implementation complies with the National 
     Standards.
                                 ______