[House Report 114-128]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-128
======================================================================
PROVIDING FOR CONSIDERATION OF 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
_______
May 19, 2015.--Referred to the House Calendar and ordered to be printed
_______
Mr. Byrne, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 274]
The Committee on Rules, having had under consideration
House Resolution 274, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1335, the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution makes in order as original text for purpose of
amendment an amendment in the nature of a substitute consisting
of the text of Rules Committee Print 114-16 and provides that
it shall be considered as read. The resolution waives all
points of order against that amendment in the nature of a
substitute. The resolution makes in order only those further
amendments printed in this report. Each such amendment may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this 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and an opponent, may be withdrawn by the proponent at any time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
in the House or in the Committee of the Whole. The resolution
waives all points of order against the amendments printed in
this report. The resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of clause 3(e)(1) of rule XIII
(``Ramseyer''), requiring a committee report accompanying a
bill amending or repealing statutes to show, by typographical
device, parts of statute affected. The waiver is provided
because the submission provided by the committee was
insufficient to meet the standards established by the rule in
its current form. The Committee on Rules continues to work with
the House Office of Legislative Counsel and committees to
determine the steps necessary to comply with the updated rule.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 54
Motion by Ms. Slaughter to report an open rule. Defeated:
3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... ............
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 55
Motion by Mr. Cole to report the rule. Adopted: 8-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ............
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... ............
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Dingell (MI): Eliminates the requirement to fast-track
analyses under the National Environmental Policy Act. (10
minutes)
2. Farr (CA): Allows the use of vessel information under
Executive Order 13547 to aid in restoring fisheries habitat at
the Secretary's discretion. (10 minutes)
3. Keating (MA), Lynch (MA), Moulton (MA): Amends Section
10(3) Use of Asset Forfeiture Fund for Fishery Independent Data
Collection to include 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 to rebuild
or maintain sustainable fisheries, ensure healthy ecosystems,
and maintain fishing communities. (10 minutes)
4. Lowenthal (CA): Allows the National Ocean Council,
operating under Executive Order 13547, to develop a process for
decommissioning oil and gas rigs that eliminates harm to the
red snapper stock and improves habitat. (10 minutes)
5. Young, Don (AK): Provides for additional information for
stock assessments, the use of students to collect marine
recreational fishing data and clarifies information for Council
reviews. (10 minutes)
6. Graves, Garret (LA): Confers management of snapper
fisheries to Gulf of Mexico states similar to the management of
Atlantic Striped Bass to Atlantic states. Seeks to improve the
science of snapper fisheries monitoring. (10 minutes)
7. Wittman (VA): Gives NOAA the authority to use
alternative fishery management measures. (10 minutes)
8. Huffman (CA): SUBSTITUTE Reauthorizes the Magnuson-
Stevens Fishery Conservation and Management Act and improves
fisheries management and data collection. (20 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Dingell of Michigan or
Her Designee, Debatable for 10 Minutes
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.
----------
2. An Amendment To Be Offered by Representative Farr of California or
His Designee, Debatable for 10 Minutes
Page 26, line 19, after ``enhancing national security''
insert ``, restoring fishery habitat,''.
----------
3. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
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 to rebuild or maintain
sustainable fisheries, ensure healthy
ecosystems, and maintain fishing
communities.''.
----------
4. An Amendment To Be Offered by Representative Lowenthal of California
or His Designee, Debatable for 10 Minutes
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.
----------
5. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
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
(4) explains why such most-cost-effective methods are
not required, if applicable.
----------
6. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee, Debatable for 10 Minutes
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:
``(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''.
(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.''.
____________________________________________________
7. An Amendment To Be Offered by Representative Wittman of Virginia or
His Designee, Debatable for 10 Minutes
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.''.
----------
8. An Amendment To Be Offered by Representative Huffman of California
or His Designee, Debatable for 20 Minutes
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;
(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''.
[all]