,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dgdb ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjad ,mr4 ,hastings of ,washington introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,magnuson-,stevens ,fishery ,conservation and ,management ,act to provide flexibility for fishery managers and stability for fishermen1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,fishing ,communities and ,increasing ,flexibility in ,fisheries ,management ,act4 #b4 ,table of contents ,the table of contents for this ,act is the following3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,amendments to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,references4 ,sec4 #ajc4 ,flexibility in rebuilding fish stocks4 ,sec4 #ajd4 ,modifications to the annual catch limit requirement4 ,sec4 #aje4 ,distinguishing between overfished and depleted4 ,sec4 #ajf4 ,transparency and public process4 ,sec4 #ajg4 ,limitation on future catch share programs4 ,sec4 #ajh4 ,report on fee4 ,sec4 #aji4 ,data collection and data confidentiality4 ,sec4 #aaj4 ,cooperative research and management program4 ,sec4 #aaa4 ,council jurisdiction for overlapping fisheries4 ,sec4 #aab4 ,gulf of ,mexico fisheries cooperative research and red snapper management4 ,sec4 #aac4 ,north ,pacific fishery management clarification4 ,sec4 #aad4 ,ensuring consistent management for fisheries throughout their range4 ,sec4 #aae4 ,limitation on harvest in ,north ,pacific directed pollock fishery4 ,sec4 #aaf4 ,authorization of appropriations4 ,title ,,ii--,revitalizing the ,economy of ,fisheries in the ,pacific ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,findings2 purpose4 ,sec4 #bjc4 ,refinancing of ,pacific ,coast groundfish fishing capacity reduction loan4 ,i ,amendments to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act #aja4 ,definitions ,any term used in this title that is defined in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7 shall have the same meaning such term has under that section4 #ajb4 ,references ,except as otherwise specifically provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a provision1 the reference shall be considered to be made to a provision of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #ajc4 ,flexibility in rebuilding fish stocks 7a7 ,general requirements ,section #cjd7;e7 7#af ,u4,s4,c4 #ahed7;e77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a77i71 by striking possible and inserting practicable2 7,b7 by amending subparagraph 7,a77ii7 to read as follows3 7ii7 may not exceed the time the stock would be rebuilt without fishing occurring plus one mean generation1 except in a case in which-- 7,i7 the biology of the stock of fish1 other environmental conditions1 or management measures under an international agreement in which the ,united ,states participates dictate otherwise2 7,,ii7 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 activities2 7,,iii7 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 fishery1 or cannot be rebuilt without causing another component of the mixed-stock fishery to approach a depleted status2 7,,iv7 the ,secretary determines that recruitment1 distribution1 or life history of1 or fishing activities for1 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 fishermen2 and 7,v7 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 communities2 2 7,c7 by striking and after the semicolon at the end of subparagraph 7,b71 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 and by inserting after subparagraph 7,a7 the following3 7,b7 take into account environmental condition including predator_/prey relationships2 2 and 7,d7 by striking the period at the end of subparagraph 7,d7 7as so redesignated7 and inserting 2 and1 and by adding at the end the following3 7,e7 specify a schedule for reviewing the rebuilding targets1 evaluating environmental impacts on rebuilding progress1 and evaluating progress being made toward reaching rebuilding targets4 2 and 7#b7 by adding at the end the following3 7#h7 ,a fishery management plan1 plan amendment1 or proposed regulations may use alternative rebuilding strategies1 including harvest control rules and fishing mortality-rate targets to the extent they are in compliance with the requirements of this ,act4 7#i7 ,a ,council may terminate the application of paragraph 7#c7 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 erroneous1 either-- 7,a7 within the #b-year period beginning on the effective date a fishery management plan1 plan amendment1 or proposed regulation for a fishery under this subsection takes effect2 or 7,b7 within #ij days after the completion of the next stock assessment after such determination4 4 7b7 ,emergency regulations and interim measures ,section #cje7;c77#c77;,b7 7#af ,u4,s4,c4 #ahee7;c77#c77;,b77 is amended by striking #ahj days after and all that follows through provided and inserting #a year after the date of publication1 and may be extended by publication in the ,federal ,register for one additional period of not more than #a year1 if4 #ajd4 ,modifications to the annual catch limit requirement ,section #cjb 7#af ,u4,s4,c4 #aheb7 is amended by adding at the end the following3 7m7 ,considerations for modifications to annual catch limit requirements 7#a7 ,consideration of ecosystem and economic impacts ,in establishing annual catch limits a ,council may1 consistent with section #cjb7;h77#f71 consider changes in an ecosystem and the economic needs of the fishing communities4 7#b7 ,limitations to annual catch limit requirement for special fisheries ,notwithstanding subsection 7h77#f71 a ,council is not required to develop an annual catch limit for-- 7,a7 an ecosystem component species2 7,b7 a fishery for a species that has a life cycle of approximately #a year1 unless the ,secretary has determined the fishery is subject to overfishing2 or 7,c7 a stock for which-- 7i7 more than half of a single-year class will complete their life cycle in less than #ah months2 and 7ii7 fishing mortality will have little impact on the stock4 7#c7 ,relationship to international fishery efforts ,each annual catch limit may1 consistent with section #cjb7;h77#f71 take into account-- 7,a7 management measures under international agreements in which the ,united ,states participates2 and 7,b7 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 recruitment1 distribution1 life history1 or fishing activities are transboundary4 7#d7 ,authorization for multispecies complexes and multiyear annual catch limits ,for purposes of subsection 7h77#f71 a ,council may establish-- 7,a7 an annual catch limit for a stock complex2 or 7,b7 annual catch limits for each year in any continuous period that is not more than three years in duration4 7#e7 ,ecosystem component species defined ,in this subsection the term ecosystem component species means a stock of fish that is a nontarget1 incidentally harvested stock of fish in a fishery1 or a nontarget1 incidentally harvested stock of fish that a ,council or the ,secretary has determined-- 7,a7 is not subject to overfishing1 approaching a depleted condition or depleted2 and 7,b7 is not likely to become subject to overfishing or depleted in the absence of conservation and management measures4 4 #aje4 ,distinguishing between overfished and depleted 7a7 ,definitions ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 in paragraph 7#cd71 by striking and overfished mean and inserting means2 and 7#b7 by inserting after paragraph 7#h7 the following3 7#h;a7 ,the term #8depleted' means1 with respect to a stock of fish or stock complex1 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 basis4 4 7b7 ,substitution of term ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 is amended by striking overfished each place it appears and inserting depleted4 7c7 ,clarity in annual report ,section #cjd7;e77#a7 7#af ,u4,s4,c4 #ahed7;e77#a77 is amended by adding at the end the following3 ,the report shall distinguish between fisheries that are depleted 7or approaching that condition7 as a result of fishing and fisheries that are depleted 7or approaching that condition7 as a result of factors other than fishing4 ,the report shall state1 for each fishery identified as depleted or approaching that condition1 whether the fishery is the target of directed fishing44 #ajf4 ,transparency and public process 7a7 ,advice ,section #cjb7;g77#a77;,b7 7#af ,u4,s4,c4 #aheb7;g77#a77;,b77 is amended by adding at the end the following3 ,each scientific and statistical committee shall develop such advice in a transparent manner and allow for public involvement in the process44 7b7 ,meetings ,section #cjb7;i77#b7 7#af ,u4,s4,c4 #aheb7;i77#b77 is amended by adding at the end the following3 7,g7 ,each ,council shall make available on the ,internet ,web site of the ,council-- 7i7 to the extent practicable1 a ,webcast1 an audio recording1 or a live broadcast of each meeting of the ,council1 and of the ,council ,coordination ,committee established under subsection 7l71 that is not closed in accordance with paragraph 7#c72 and 7ii7 audio1 video 7if the meeting was in person or by video conference71 or a searchable audio or written transcript of each meeting of the ,council and of the meetings of committees referred to in section #cjb7;g77#a77;,b7 of the ,council by not later than #cj days after the conclusion of the meeting4 7,h7 ,the ,secretary shall maintain and make available to the public an archive of ,council and scientific and statistical committee meeting audios1 videos1 and transcripts made available under clauses 7i7 and 7ii7 subparagraph 7,g74 4 7c7 ,fishery impact statements 7#a7 ,requirement ,section #cjc 7#af ,u4,s4,c4 #ahec7 is amended-- 7,a7 in subsection 7a71 by striking paragraph 7#i7 and redesignating paragraphs 7#aj7 through 7#ae7 as paragraphs 7#i7 through 7#ad71 respectively2 and 7,b7 by adding at the end the following3 7d7 ,fishery impact statement 7#a7 ,any fishery management plan 7or fishery management plan amendment7 prepared by any ,council or by the ,secretary pursuant to subsection 7a7 or 7b71 or proposed regulations deemed necessary pursuant to subsection 7c71 shall include a fishery impact statement which shall assess1 specify and analyze the likely effects and impact of the proposed action on the quality of the human environment4 7#b7 ,the fishery impact statement shall describe-- 7,a7 a purpose of the proposed action2 7,b7 the environmental impact of the proposed action2 7,c7 any adverse environmental effects which cannot be avoided should the proposed action be implemented2 7,d7 a reasonable range of alternatives to the proposed action2 7,e7 the relationship between short-term use of fishery resources and the enhancement of long-term productivity2 7,f7 the cumulative conservation and management effects2 and 7,g7 economic1 and social impacts of the proposed action on-- 7i7 participants in the fisheries and fishing communities affected by the proposed action2 7ii7 participants in the fisheries conducted in adjacent areas under the authority of another ,council1 after consultation with such ,council and representatives of those participants2 and 7iii7 the safety of human life at sea1 including whether and to what extent such measures may affect the safety of participants in the fishery4 7#c7 ,a substantially complete fishery impact statement1 which may be in draft form1 shall be available not less than #ad days before the beginning of the meeting at which a ,council makes its final decision on the proposal 7for plans1 plan amendments1 or proposed regulations prepared by a ,council pursuant to subsection 7a7 or 7c774 ,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 statement4 7#d7 ,the completed fishery impact statement shall accompany the transmittal of a fishery management plan or plan amendment as specified in section #cjd7;a71 as well as the transmittal of proposed regulations as specified in section #cjd7;b74 7#e7 ,the ,councils shall1 subject to approval by the ,secretary1 establish criteria to determine actions or classes of action of minor significance regarding subparagraphs 7,a71 7,b71 7,d71 7,e71 and 7,f7 of paragraph 7#b71 for which preparation of a fishery impact statement is unnecessary and categorically excluded from the requirements of this section1 and the documentation required to establish the exclusion4 7#f7 ,the ,councils shall1 subject to approval by the ,secretary1 prepare procedures for compliance with this section that provide for timely1 clear1 and concise analysis that is useful to decisionmakers and the public1 reduce extraneous paperwork and effectively involve the public1 including-- 7,a7 using ,council meetings to determine the scope of issues to be addressed and identifying significant issues related to the proposed action2 7,b7 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 points2 and 7,c7 providing scientific1 technical1 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 plan1 plan amendment1 or regulations to the ,secretary4 7#g7 ,actions taken in accordance with the procedures of this section shall constitute fulfillment of the requirements the ,national ,environmental ,policy ,improvement ,act of #aigj 7#db ,u4,s4,c4 #dcga et seq47 and all related implementing regulations4 4 7#b7 ,evaluation of adequacy ,section #cjd7;a77#b7 7#af ,u4,s4,c4 #ahed7;a77#b77 is amended by striking and after the semicolon at the end of subparagraph 7,b71 striking the period at the end of subparagraph 7,c7 and inserting 2 and1 and by adding at the end the following3 7,d7 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 amendment4 4 7#c7 ,review of regulations ,section #cjd7;b7 7#af ,u4,s4,c4 #ahed7;b77 is amended by striking so much as precedes subparagraph 7,a7 of paragraph 7#a7 and inserting the following3 7b7 ,review of regulations 7#a7 ,upon transmittal by the ,council to the ,secretary of proposed regulations prepared under section #cjc7;c71 the ,secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan1 plan amendment1 this ,act and other applicable law4 ,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 regulations4 ,within #ae days of initiating such evaluation the ,secretary shall make a determination and-- 4 7#d7 ,effect on time requirements ,section #cje7;e7 7#af ,u4,s4,c4 #ahee7;e77 is amended by inserting the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 after the ,regulatory ,flexibility ,act 7#e ,u4,s4,c4 #fja et seq474 #ajg4 ,limitation on future catch share programs 7a7 ,catch share defined ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended by inserting after paragraph 7#b7 the following3 7#b;a7 ,the term catch share means any fishery management program that allocates a specific percentage of the total allowable catch for a fishery1 or a specific fishing area1 to an individual1 cooperative1 community1 processor1 representative of a commercial sector1 or regional fishery association established in accordance with section #cjc;,a7c77#d71 or other entity4 4 7b7 ,catch share referendum pilot program 7#a7 ,in general ,section #cjc;,a7c77#f77;,d7 7#af ,u4,s4,c4 #ahec;a7c77#f77;,d77 is amended to read as follows3 7,d7 ,catch share referendum pilot program 7i7 ,the ,new ,england1 ,mid-,atlantic1 ,south ,atlantic1 and ,gulf of ,mexico ,councils may not submit a fishery management plan or amendment that creates a catch share program for a fishery1 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 #cjd7;c7 that creates such a program1 unless the final program has been approved1 in a referendum in accordance with this subparagraph1 by a majority of the permit holders eligible to participate in the fishery4 ,for multispecies permits in the ,gulf of ,mexico1 any permit holder with landings from within the sector of the fishery being considered for the catch share program within the #e-year period preceding the date of the referendum and still active in fishing in the fishery shall be eligible to participate in such a referendum4 ,if a catch share program is not approved by the requisite number of permit holders1 it may be revised and submitted for approval in a subsequent referendum4 7ii7 ,the ,secretary may1 at the request of the ,new ,england ,fishery ,management ,council1 allow participation in such a referendum for a fishery under the ,council's authority1 by fishing vessel crewmembers who derive a significant portion of their livelihood from such fishing4 7iii7 ,the ,secretary shall conduct a referendum under this subparagraph1 including notifying all permit holders eligible to participate in the referendum and making available to them-- 7,i7 a copy of the proposed program2 7,,ii7 an estimate of the costs of the program1 including costs to participants2 7,,iii7 an estimate of the amount of fish or percentage of quota each permit holder would be allocated2 and 7,,iv7 information concerning the schedule1 procedures1 and eligibility requirements for the referendum process4 7iv7 ,for the purposes of this subparagraph1 the term permit holder eligible to participate only includes the holder of a permit for a fishery under which fishing has occurred in #c of the #e years preceding a referendum for the fishery1 unless sickness1 injury1 or other unavoidable hardship prevented the permit holder from engaging in such fishing4 7v7 ,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 fishery4 4 7#b7 ,limitation on application ,the amendment made by paragraph 7#a7 shall not apply to a catch share program that is submitted to1 or proposed by1 the ,secretary of ,commerce before the date of enactment of this ,act4 7#c7 ,regulations ,before conducting a referendum under the amendment made by paragraph 7#a71 the ,secretary of ,commerce shall issue regulations implementing such amendment after providing an opportunity for submission by the public of comments on the regulations4 #ajh4 ,report on fee ,section #cjd7;d77#b7 7#af ,u4,s4,c4 #ahed7;d77#b77 is amended by adding at the end the following3 7,d7 ,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 basis1 to-- 7i7 ,congress2 and 7ii7 each ,council from whose fisheries the fee under this paragraph were collected4 4 #aji4 ,data collection and data confidentiality 7a7 ,electronic monitoring 7#a7 ,issuance of regulations 7,a7 ,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 7#af ,u4,s4,c4 #ahja et seq474 7,b7 ,content ,the regulations shall-- 7i7 distinguish between monitoring for data collection and research purposes and monitoring for compliance and enforcement purposes2 and 7ii7 include minimum criteria1 objectives1 or performance standards for electronic monitoring4 7,c7 ,process ,in issuing the regulations the ,secretary shall-- 7i7 consult with the ,councils and fishery management commissions2 7ii7 publish the proposed regulations2 and 7iii7 provide an opportunity for the submission by the public of comments on the proposed regulations4 7#b7 ,implementation of monitoring 7,a7 ,in general ,subject to subparagraph 7,b71 and after the issuance of the final regulations1 a ,council1 or the ,secretary for fisheries referred to in section #cjb7;a77#c7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;a77#c771 may1 in accordance with the regulations1 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 ,secretary1 respectively1 amend such plan-- 7i7 to incorporate electronic monitoring as an alternative tool for data collection and monitoring purposes or for compliance and enforcement purposes 7or both72 and 7ii7 to allow for the replacement of a percentage of on-board observers with electronic monitoring4 7,b7 ,comparability ,subparagraph 7,a7 shall apply to a fishery only if the ,council or ,secretary1 respectively1 determines that such monitoring will yield comparable data collection and compliance results4 7#c7 ,pilot projects ,before the issuance of final regulations1 a ,council1 or the ,secretary for fisheries referred to in section #cjb7;a77#c71 may1 subject to the requirements of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 on a fishery-by-fishery basis1 and consistent with the existing objectives and management goals of a fishery management plan for a fishery issued by the ,council or the ,secretary1 respectively1 conduct a pilot project for the use of electronic monitoring for the fishery4 7#d7 ,deadline ,the ,secretary shall issue final regulations under this subsection by not later than #ab months after the date of enactment of this ,act4 7b7 ,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 7#af ,u4,s4,c4 #ahja et seq47 of video survey technologies and expanded use of acoustic survey technologies4 7c7 ,confidentiality of information 7#a7 ,in general ,section #djb7;b7 7#af ,u4,s4,c4 #ahha;a7b77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by amending subparagraph 7,b7 to read as follows3 7,b7 to ,state or ,marine ,fisheries ,commission employees as necessary for achievement of the purposes of this ,act1 subject to a confidentiality agreement between the ,state or ,commission1 respectively1 and the ,secretary that prohibits public disclosure of the identity of any person and of confidential information2 2 7ii7 in subparagraph 7,e71 by striking limited access and inserting catch share2 and 7iii7 in subparagraph 7,g71 by striking limited access and inserting catch share2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 and information obtained through a vessel monitoring system or other technology used onboard a fishing vessel for enforcement or data collection purposes1 after information22 7ii7 by striking or after the semicolon at the end of subparagraph 7,b72 and 7iii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 as authorized by any regulations issued under paragraph 7#f7 allowing the collection of observer information1 pursuant to a confidentiality agreement between the observers1 observer employers1 and the ,secretary prohibiting disclosure of the information by the observers or observer employers1 in order-- 7i7 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 vessels2 or 7ii7 to validate the accuracy of the observer information collected2 or 7,d7 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 collected1 to release such information for reasons not otherwise provided for in this subsection4 2 7,c7 by redesignating and moving paragraph 7#c7 to be paragraph 7#f72 and 7,d7 by striking paragraphs 7#d7 and 7#e7 and inserting the following3 7#c7 ,any information submitted to the ,secretary1 a ,state fisheries management agency1 or a ,marine ,fisheries ,commission by any person in compliance with the requirements of this ,act1 including confidential information1 may only be used for purposes of fisheries management and monitoring and enforcement under this ,act4 7#d7 ,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 purposes1 including information obtained through a vessel monitoring system or other electronic enforcement and monitoring systems1 if-- 7,a7 the ,secretary determines there is a compelling need to do so2 and 7,b7 the heads of the other ,federal agencies agree-- 7i7 to maintain the confidentiality of the information in accordance with the requirements that apply to the ,secretary under this section2 and 7ii7 to use the information only for the purposes for which it was shared with the agencies4 7#e7 ,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 #acedg1 unless the ,secretary has obtained written authorization to release such information from the person on whose vessel the information was collected4 4 7#b7 confidential information defined ,section #c 7#af ,u4,s4,c4 #ahjb7 is further amended by inserting after paragraph 7#d7 the following3 7#d;a7 ,the term confidential information means-- 7,a7 trade secrets2 7,b7 proprietary information2 7,c7 observer information2 and 7,d7 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 ,secretary4 4 7d7 ,increased data collection and actions ,to address data-,poor fisheries ,section #djd 7#af ,u4,s4,c4 #ahha;c7 is amended by adding at the end the following3 7e7 ,use of the asset forfeiture fund for fishery independent data collection 7#a7 ,in general 7,a7 ,the ,secretary1 subject to appropriations1 may obligate for data collection purposes in accordance with prioritizations under paragraph 7#c7 a portion of amounts received by the ,united ,states as fisheries enforcement penalties4 7,b7 ,amounts may be obligated under this paragraph only in the fishery management region with respect to which they are collected4 7#b7 ,included purposes ,the purposes referred to in paragraph 7#a7 include-- 7,a7 the use of ,state personnel and resources1 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 ,act2 and 7,b7 cooperative research activities authorized under section #cah to improve or enhance the fishery independent data used in fishery stock assessments4 7#c7 ,data-poor fisheries priority lists ,each ,council shall-- 7,a7 identify those fisheries in its region considered to be data-poor fisheries2 7,b7 prioritize those fisheries based on the need of each fishery for up-to-date information2 and 7,c7 provide those priorities to the ,secretary4 7#d7 ,definitions ,in this subsection3 7,a7 ,the term data-poor fishery means a fishery-- 7i7 that has not been surveyed in the preceding #e-year period2 7ii7 for which a fishery stock assessment has not been performed within the preceding #e-year period2 or 7iii7 for which limited information on the status of the fishery is available for management purposes4 7,b7 ,the term fisheries enforcement penalties means any fine or penalty imposed1 or proceeds of any property seized1 for a violation of this ,act or of any other marine resource law enforced by the ,secretary4 7#e7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,secretary for each fiscal year to carry out this subsection up to #hj percent of the fisheries enforcement penalties collected during the preceding fiscal year4 4 #aaj4 ,cooperative research and management program ,section #cah 7#af ,u4,s4,c4 #ahfg7 is amended-- 7#a7 in subsection 7a71 by inserting 7#a7 before the first sentence1 and by adding at the end the following3 7#b7 ,within one year after the date of enactment of the ,strengthening ,fishing ,communities and ,increasing ,flexibility in ,fisheries ,management ,act1 and after consultation with the ,councils1 the ,secretary shall publish a plan for implementing and conducting the program established in paragraph 7#a74 ,such plan shall identify and describe critical regional fishery management and research needs1 possible projects that may address those needs1 and estimated costs for such projects4 ,the plan shall be revised and updated every #e years1 and updated plans shall include a brief description of projects that were funded in the prior #e-year period and the research and management needs that were addressed by those projects4 2 and 7#b7 in subsection 7c7-- 7,a7 in the heading1 by striking ,funding and inserting ,priorities2 and 7,b7 in paragraph 7#a71 by striking all after including and inserting an em dash1 followed on the next line by the following3 7,a7 the use of fishing vessels or acoustic or other marine technology2 7,b7 expanding the use of electronic catch reporting programs and technology2 and 7,c7 improving monitoring and observer coverage through the expanded use of electronic monitoring devices4 4 #aaa4 ,council jurisdiction for overlapping fisheries ,section #cjb7;a77#a7 7#af ,u4,s4,c4 #aheb7;a77 is amended-- 7#a7 in subparagraph 7,a71 in the second sentence-- 7,a7 by striking #ah and inserting #ai2 and 7,b7 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 ,council2 and 7#b7 in subparagraph 7,b71 in the second sentence-- 7,a7 by striking #ba and inserting #bb2 and 7,b7 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 ,council4 #aab4 ,gulf of ,mexico fisheries cooperative research and red snapper management 7a7 ,repeal ,section #djg 7#af ,u4,s4,c4 #ahhc71 and the item relating to such section in the table of contents in the first section1 are repealed4 7b7 ,reporting and data collection program ,the ,secretary of ,commerce shall-- 7#a7 in conjunction with the ,states1 the ,gulf of ,mexico ,fishery ,management ,council1 and the recreational fishing sectors1 develop and implement a real-time reporting and data collection program for the ,gulf of ,mexico red snapper fishery using available technology2 and 7#b7 make implementation of this subsection a priority for funds received by the ,secretary and allocated to this region under section #b of the ,act of ,august #aa1 #aici 7commonly known as the ,saltonstall-,kennedy ,act7 7#ae ,u4,s4,c4 #gac;c-#c74 7c7 ,fisheries ,cooperative research program ,the ,secretary of ,commerce-- 7#a7 shall1 in conjunction with the ,states1 the ,gulf ,states ,marine ,fisheries ,commission and the ,atlantic ,states ,marine ,fisheries ,commission1 the ,gulf of ,mexico and ,south ,atlantic ,fishery ,management ,councils1 and the commercial1 charter1 and recreational fishing sectors1 develop and implement a cooperative research program authorized under section #cah for the fisheries of the ,gulf of ,mexico and ,south ,atlantic regions1 giving priority to those fisheries that are considered data-poor2 and 7#b7 may1 subject to the availability of appropriations1 use funds received by the ,secretary under section #b of the ,act of ,august #aa1 #aici 7commonly known as the ,saltonstall-,kennedy ,act7 7#ae ,u4,s4,c4 #gac;c-#c7 to implement this subsection4 7d7 ,stock surveys and stock assessments ,the ,secretary of ,commerce1 acting through the ,national ,marine ,fisheries ,service ,regional ,administrator of the ,southeast ,regional ,office1 shall for purposes of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47-- 7#a7 develop a schedule of stock surveys and stock assessments for the ,gulf of ,mexico ,region and the ,south ,atlantic ,region for the #e-year period beginning on the date of the enactment of this ,act and for every #e-year period thereafter2 7#b7 direct the ,southeast ,science ,center ,director to implement such schedule2 and 7#c7 in such development and implementation-- 7,a7 give priority to those stocks that are commercially or recreationally important2 and 7,b7 ensure that each such important stock is surveyed at least every #e years4 7e7 ,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 #aab-ada is incorporated as soon as possible into any fisheries stock assessments conducted after the date of the enactment of this ,act4 7f7 ,state fisheries management in the ,gulf of ,mexico with respect to red snapper ,section #cjf7;b7 7#af ,u4,s4,c4 #ahef7;b77 is amended by adding at the end the following3 7#c7 ,notwithstanding section #c7aa71 for the purposes of managing the recreational sector of the ,gulf of ,mexico red snapper fishery1 the seaward boundary of a coastal ,state in the ,gulf of ,mexico is a line #i miles seaward from the baseline from which the territorial sea of the ,united ,states is measured4 4 #aac4 ,north ,pacific fishery management clarification ,section #cjf7;a77#c77;,c7 7#af ,u4,s4,c4 #ahef7;a77#c77;,c77 is amended-- 7#a7 by striking was no and inserting is no2 and 7#b7 by striking on ,august #a1 #aiif4 #aad4 ,ensuring consistent management for fisheries throughout their range 7a7 ,in general ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 is amended by inserting after section #d the following3 #e4 ,ensuring consistent fisheries management under certain other ,federal laws 7a7 ,national ,marine ,sanctuaries ,act and ,antiquities ,act of #aijf ,in any case of a conflict between this ,act and the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca et seq47 or the ,antiquities ,act of #aijf 7#af ,u4,s4,c4 #dca et seq471 this ,act shall control4 7b7 ,fisheries restrictions under ,endangered ,species ,act of #aigc ,to ensure transparency and consistent management of fisheries throughout their range1 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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 shall be implemented-- 7#a7 using authority under this ,act2 and 7#b7 in accordance with processes and time schedules required under this ,act4 4 7b7 ,clerical amendment ,the table of contents in the first section is amended by inserting after the item relating to section #d the following3 ,sec4 #e4 ,ensuring consistent fisheries management under other ,federal laws4 4 #aae4 ,limitation on harvest in ,north ,pacific directed pollock fishery ,section #baj7;e77#a7 of the ,american ,fisheries ,act 7title ,,ii of division ,c of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #ahea note7 is amended to read as follows3 7#a7 ,harvesting 7,a7 ,limitation ,no particular individual1 corporation1 or other entity may harvest1 through a fishery cooperative or otherwise1 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 ,council4 7,b7 ,maximum percentage ,the percentage established by the ,north ,pacific ,council shall not exceed #bd percent of the pollock available to be harvested in the directed ,pollock fishery4 4 #aaf4 ,authorization of appropriations ,section #d 7#af ,u4,s4,c4 #ahjc7 is amended-- 7#a7 by striking this ,act and all that follows through 7#g7 and inserting this ,act2 and 7#b7 by striking fiscal year #bjac and inserting each of fiscal years #bjad through #bjah4 ,,ii ,revitalizing the ,economy of ,fisheries in the ,pacific #bja4 ,short title ,this title may be cited as the ,revitalizing the ,economy of ,fisheries in the ,pacific ,act or the ,,refi ,pacific ,act4 #bjb4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,in #bjjj1 the ,secretary of ,commerce declared the ,west ,coast groundfish fishery a ,federal fisheries economic disaster due to low stock abundance1 an overcapitalized fleet1 and historically overfished stocks4 7#b7 ,section #bab of the ,department of ,commerce and ,related ,agencies ,appropriations ,act1 #bjjc 7title ,,ii of division ,b of ,public ,law #ajh-g2 #aag ,stat4 #hj7 was enacted to establish a ,pacific ,coast groundfish fishing capacity reduction program1 also known as a buyback program1 to remove excess fishing capacity4 7#c7 ,in #bjjc1 ,congress authorized the #ce1gjj1jjj buyback loan1 creating the ,pacific ,coast groundfish fishing capacity reduction program through the ,national ,marine ,fisheries ,service fisheries finance program with a term of #cj years4 ,the interest rate of the buyback loan was fixed at #f4ig percent and is paid back based on an ex-vessel fee landing rate not to exceed #e percent for the loan4 7#d7 ,the groundfish fishing capacity reduction program resulted in the removal of limited entry trawl ,federal fishing permits from the fishery1 representing approximately #df percent of total landings at the time4 7#e7 ,because of an absence of a repayment mechanism1 #d1bdc1gcj in interest accrued before fee collection procedures were established in #bjje1 over #ah months after the groundfish fishing capacity reduction program was initiated4 7#f7 ,in #bjaa1 the ,west ,coast groundfish fishery transitioned to an individual fishing quota fishery1 which is a type of catch share program4 7#g7 ,by #bjae1 ,west ,coast groundfish fishermen's expenses are expected to include fees of approximately #dej per day for observers1 a #c-percent cost recovery fee as authorized by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja7 for catch share programs1 and a #e-percent ex-vessel landings rate for the loan repayment1 which could reach #ah percent of their total gross revenue4 7#h7 ,in #bjab1 the ,west ,coast groundfish limited entry trawl fishery generated #fc1jjj1jjj1 an increase from an average of #de1jjj1jjj during the years #bjjf to #bjaa4 ,this revenue is expected to continue to increase post-rationalization4 7b7 ,purpose ,the purpose of this title is to refinance the ,pacific ,coast groundfish fishery fishing capacity reduction program to protect and conserve the ,west ,coast groundfish fishery and the coastal economies in ,california1 ,oregon1 and ,washington that rely on it4 #bjc4 ,refinancing of ,pacific ,coast groundfish fishing capacity reduction loan 7a7 ,in general ,the ,secretary of ,commerce1 upon receipt of such assurances as the ,secretary considers appropriate to protect the interests of the ,united ,states1 shall issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the ,west ,coast groundfish fishery implemented under section #bab of the ,department of ,commerce and ,related ,agencies ,appropriations ,act1 #bjjc 7title ,,ii of division ,b of ,public ,law #ajh-g2 #aag ,stat4 #hj74 7b7 ,applicable law ,except as otherwise provided in this section1 the ,secretary shall issue the loan under this section in accordance with subsections 7b7 through 7e7 of section #cab of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa;a7 and sections #ecgjb and #ecgce of title #df1 ,united ,states ,code4 7c7 ,loan term 7#a7 ,in general ,notwithstanding section #ecgce7;c77#d7 of title #df1 ,united ,states ,code1 a loan under this section shall have a maturity that expires at the end of the #de-year period beginning on the date of issuance of the loan4 7#b7 ,extension ,notwithstanding paragraph 7#a7 and if there is an outstanding balance on the loan after the period described in paragraph 7#a71 a loan under this section shall have a maturity of #de years or until the loan is repaid in full4 7d7 ,limitation on fee amount ,notwithstanding section #cab7;d77#b77;,b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa;a7d77#b77;,b771 the fee established by the ,secretary with respect to a loan under this section shall not exceed #c percent of the ex-vessel value of the harvest from each fishery for where the loan is issued4 7e7 ,interest rate 7#a7 ,in general ,notwithstanding section #ecgjb7;b77#b7 of title #df1 ,united ,states ,code1 the annual rate of interest an obligor shall pay on a direct loan obligation under this section is the percent the ,secretary must pay as interest to borrow from the ,treasury the funds to make the loan4 7#b7 ,subloans ,each subloan under the loan authorized by this section-- 7,a7 shall receive the interest rate described in paragraph 7#a72 and 7,b7 may be paid off at any time notwithstanding subsection 7c77#a74 7f7 ,ex-,vessel landing fee 7#a7 ,calculations and accuracy ,the ,secretary shall set the ex-vessel landing fee to be collected for payment of the loan under this section-- 7,a7 as low as possible1 based on recent landings value in the fishery1 to meet the requirements of loan repayment2 7,b7 upon issuance of the loan in accordance with paragraph 7#b72 and 7,c7 on a regular interval not to exceed every #e years beginning on the date of issuance of the loan4 7#b7 ,deadline for initial ex-vessel landings fee calculation ,not later than #fj days after the date of issuance of the loan under this section1 the ,secretary shall recalculate the ex-vessel landing fee based on the most recent value of the fishery4 7g7 ,authorization ,there is authorized to be appropriated to the ,secretary of ,commerce to carry out this section an amount equal to #a percent of the amount of the loan authorized under this section for purposes of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474