[Senate Report 117-66]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 213
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {       117-66
_______________________________________________________________________

                                     

                                     



                       FLUKE FAIRNESS ACT OF 2021

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1747






[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







                February 3, 2022.--Ordered to be printed 
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
29-010                   WASHINGTON : 2022




                
                
                
                
                
            
            
            
            
            
            
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred seventeenth congress
                             second session

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West 
RAPHAEL WARNOCK, Georgia                 Virginia
                                     RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming

                 Melissa Porter, Acting Staff Director
                  John Keast, Minority Staff Director




























                                                      Calendar No. 213
117th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {       117-66

======================================================================



 
                       FLUKE FAIRNESS ACT OF 2021

                                _______
                                

                February 3, 2022.--Ordered to be printed

                                _______
                                

      Ms. Cantwell, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1747]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1747) to provide for an 
equitable management of summer flounder based on geographic, 
scientific, and economic data, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill (as amended) do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 1747, as reported, is to provide for an 
equitable management of summer flounder based on geographic, 
scientific, and economic data and for other purposes.

                          BACKGROUND AND NEEDS

    Summer flounder, or fluke, are flat, bottom-dwelling fish 
that live in the Atlantic Ocean. They are found from the east 
coast of Florida to the Canadian province of Nova Scotia. They 
can grow up to 2 feet and are popular targets for both 
recreational and commercial fishing.\1\ The summer flounder 
fishery is targeted by both commercial and recreational 
fishers.\2\ In 2019, commercial fishers caught more than 9 
million pounds of summer flounder worth $30 million.\3\ In the 
same year, recreational fishers caught 7.8 million pounds of 
fish.\4\
---------------------------------------------------------------------------
    \1\National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service, ``Summer Flounder'' (https://www.fisheries.noaa.gov/
species/summer-flounder) (accessed September 8, 2021).
    \2\National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service, Office of Science and Technology, Fisheries of the 
United States, 2019, Current Fishery Statistics No. 2019, 2021 (https:/
/www.fisheries.noaa.gov/national/sustainable-fisheries/fisheries-
united-states) (accessed September 8, 2021).
    \3\Ibid.
    \4\Ibid.
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    The Magnuson-Stevens Fishery Conservation and Management 
Act (MSA) guides management of Federal fisheries resources 
through the use of fishery management plans within the eight 
established regional councils for fisheries in Federal waters. 
Fisheries in State waters are either managed directly by States 
or by an interstate commission, though not all interstate 
commissions have regulatory authority. Due to its presence in 
multiple State waters, as well as Federal waters, summer 
flounder is jointly managed by the Mid-Atlantic Fishery 
Management Council and the Atlantic States Marine Fisheries 
Commission.\5\ Some stakeholders have ex- pressed concern that 
the use of old data has resulted in a fishery management plan 
that does not give New York recreational or commercial 
fishermen an adequate share of the summer flounder quota.\6\
---------------------------------------------------------------------------
    \5\National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service, ``Summer Flounder'' (https://www.fisheries.noaa.gov/
species/summer-flounder) (accessed September 8, 2021).
    \6\Mark Harrington, ``Schumer Pledges to Use Clout to Pass `Fluke 
Fairness Act,''' Newsday, November 5, 2013 (https://www.newsday.com/
news/nation/schumer-pledges-to-use-clout-to-pass-fluke-fairness-act-
1.6375816?_ga=2.73170384.2137316337.1561046669-1062949043.1561046669) 
(accessed September 7, 2021).
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                         SUMMARY OF PROVISIONS

    If enacted, S. 1747 would require the Council to submit to 
the Secretary a modified fishery management plan or an 
amendment to the existing fishery management plan for the 
commercial management of summer flounder.

                          LEGISLATIVE HISTORY

    S. 1747, the Fluke Fairness Act of 2021, was introduced on 
May 20, 2021, by Senator Schumer and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. On May 25, 2021, Senator Gillibrand became a cosponsor. 
On June 16, 2021, the Committee met in open Executive Session 
and, by voice vote, ordered S. 1747 reported favorably with an 
amendment.
    In the 116th Congress, S. 908, the Fluke Fairness Act of 
2019, was introduced on March 27, 2019, by Senator Schumer (for 
himself and Senator Gillibrand) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. On April 3, 2019, the Committee met in open Executive 
Session and, by voice vote, ordered S. 908 reported favorably 
without amendment.
    In the 115th Congress, similar legislation, S. 3331, the 
Fluke Fairness Act of 2018, was introduced on August 1, 2018, 
by Senator Schumer (for himself and Senator Gillibrand) and was 
referred to the Committee on Commerce, Science, and 
Transportation of the Senate. The measure was not taken up by 
the Committee.

                            ESTIMATED COSTS

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2021.
Hon. Maria Cantwell,
Chair, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Madam Chair: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1747, the Fluke 
Fairness Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sofia Guo.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 1747 would require the Mid-Atlantic Fishery Management 
Council to modify the fishery management plan for the 
commercial management of summer flounder within one year of 
enactment. The modified plan would:
           Establish commercial quotas in direct 
        proportion to the distribution, abundance, and location 
        of summer flounder;
           Consider regional, coastwide, or other 
        management measures for summer flounder; and
           Require commercial catch quotas for summer 
        flounder to reflect the most recent scientific 
        information on summer flounder landings.
    In addition, the bill would require the Government 
Accountability Office to report to the Congress on the 
implementation of the modified fishery management plan.
    Using information from the National Oceanic and Atmospheric 
Administration and based on the costs of similar activities, 
CBO estimates that implementing S. 1747 would cost $1 million 
over the 2022-2026 period; spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Sofia Guo. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT STATEMENT

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

Number of Persons Covered

    S. 1747, as reported, does not create any new programs. It 
may result in a change to the regulatory requirements for some 
fishermen, but those individuals and businesses are already 
subject to regulation.

Economic Impact

    S. 1747, as reported, is not expected to have a negative 
impact on the Nation's economy.

Privacy

    S. 1747, as reported, is not expected to impact the 
personal privacy of individuals.

Paperwork

    S. 1747, as reported, would likely result in an updated 
fishery management plan.

                   CONGRESSIONALLY DIRECTED SPENDING

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section would provide that the bill may be cited as 
the ``Fluke Fairness Act of 2021''.

Section 2. Findings

    This section contains findings regarding the economic 
importance of summer flounder, a history of its management, and 
how that management led to a perceived inequity in stock 
allocation among States.

Section 3. Definitions

    This section would define ``Commission'' as the Atlantic 
States Marine Fisheries Commission; ``Council'' as the Mid-
Atlantic Fishery Management Council; ``National Standards'' as 
the national standards for fishery conservation and management 
set out in section 301(a) of the MSA;\7\ ``Secretary'' as the 
Secretary of Commerce; and ``summer flounder'' as the species 
Paralichthys dentatus, also commonly known as fluke.
---------------------------------------------------------------------------
    \7\16 U.S.C. 1851(a).
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Section 4. Summer flounder management reform

    This section would require the Council to submit to the 
Secretary, which the Secretary may approve, a modified fishery 
management plan or amendment to an existing plan for the 
commercial management of summer flounder. The plan would be 
based on the best scientific information available, use recent 
data, and consider other management measures for summer 
flounder. In preparing the plan, the Council shall consult with 
the Commission to ensure consistent management throughout the 
range of the summer flounder. If the Council fails to submit a 
modified fishery management plan or amendment within 1 year, 
the Secretary would be required to prepare and consider one.

Section 5. Report

    This section would require the Comptroller General to 
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 of the MSA.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]