,,ii #aacth ,,congress #b;d ,session ,s4 #bhbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjad ,mr4 ,rubio introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,magnuson-,stevens ,fishery ,conservation and ,management ,act to promote sustainable conservation and management for the ,gulf of ,mexico and ,south ,atlantic fisheries and the communities that rely on them1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,florida ,fisheries ,improvement ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 ,,title ,i--,conservation and management ,sec4 #aja4 ,regional fishery management councils4 ,sec4 #ajb4 ,contents of fishery management plans4 ,sec4 #ajc4 ,rebuilding overfished and depleted fisheries4 ,sec4 #ajd4 ,funding for stock assessments1 surveys1 and data collection4 ,sec4 #aje4 ,capital construction4 ,sec4 #ajf4 ,fisheries disaster relief4 ,sec4 #ajg4 ,regional fishery conservation and management authorities4 ,sec4 #ajh4 ,study of allocations in mixed-use fisheries4 ,,title ,,ii--,fishery information1 research1 and development ,sec4 #bja4 ,fisheries research4 ,sec4 #bjb4 ,improving science4 ,sec4 #bjc4 ,focusing assets for improved fisheries outcomes4 ,sec4 #bjd4 ,gulf of ,mexico red snapper catch limits2 repeal4 #b4 ,references to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 ,i ,conservation and management #aja4 ,regional fishery management councils 7a7 ,voting members ,section #cjb7;b77#b77;,d7 7#af ,u4,s4,c4 #aheb7;b77#b77;,d77 is amended-- 7#a7 in clause 7i7-- 7,a7 by striking ,fisheries and inserting ,fishery2 and 7,b7 by inserting or the ,south ,atlantic ,fishery ,management ,council after ,management ,council2 and 7#b7 by striking clause 7iv74 7b7 ,committees and advisory panels ,section #cjb7;g77#a77;,b7 7#af ,u4,s4,c4 #aheb7;g77#a77;,b77 is amended to read as follows3 7,b7 ,each scientific and statistical committee shall-- 7i7 provide its ,council ongoing scientific advice for fishery management decisions1 including recommendations for acceptable biological catch1 preventing overfishing1 maximum sustainable yield1 achieving rebuilding targets1 and reports on stock status and health1 bycatch1 habitat status1 social and economic impacts of management measures1 and sustainability of fishing practices2 and 7ii7 carry out the requirements of this subparagraph in a transparent manner1 allowing for public involvement in the process4 4 7c7 ,functions ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 in paragraph 7#g77;,c71 by striking and at the end2 7#b7 by redesignating paragraph 7#h7 as paragraph 7#i72 and 7#c7 by inserting after paragraph 7#g7 the following3 7#h7 have the authority to use alternative fishery management measures in a recreational fishery 7or the recreational component of a mixed-use fishery71 including extraction rates1 fishing mortality1 and harvest control rules1 to the extent they are in accordance with the requirements of this ,act2 and 4 7d7 ,webcasts of council meetings ,section #cjb7;i77#b7 7#af ,u4,s4,c4 #aheb7;i77#b77 is amended by adding at the end the following3 7,g7 ,unless closed in accordance with paragraph 7#c71 each ,council shall1 where practicable1 make available on the ,internet website of the ,council a video or audio webcast of each meeting of the ,council and each meeting of the scientific and statistical committee of the ,council not later than #cj days after the date of the conclusion of such meeting4 4 #ajb4 ,contents of fishery management plans ,section #cjc 7#af ,u4,s4,c4 #ahec7 is amended by adding at the end the following3 7d7 ,limitations 7#a7 ,in general ,the requirements under subsection 7a77#ae7 shall not-- 7,a7 apply to a species in a fishery that has a mean life cycle of #ah months or less1 or to a species in a fishery with respect to which all spawning and recruitment occurs beyond ,state waters and the exclusive economic zone1 unless the ,secretary has determined the fishery is subject to overfishing of that species2 and 7,b7 limit or otherwise affect the requirements of section #cja7;a77#a7 or #cjd7;e7 of this ,act4 7#b7 ,construction ,nothing in this subsection shall be construed to affect any effective date regarding the requirements under subsection 7a77#ae7 otherwise provided for under an international agreement in which the ,united ,states participates4 4 #ajc4 ,rebuilding overfished and depleted fisheries ,section #cjd7;e77#d77;,a7 7#af ,u4,s4,c4 #ahed7;e77#d77;,a77 is amended to read as follows3 7,a7 specify a time period for rebuilding the fishery that-- 7i7 shall be as short as possible1 taking into account the status and biology of any overfished stocks of fish1 the needs of fishing communities1 recommendations by international organizations in which the ,united ,states participates1 and the interaction of the overfished stock of fish within the marine ecosystem2 and 7ii7 except where management measures under an international agreement with the ,united ,states participates dictate otherwise1 shall not exceed-- 7,i7 #aj years1 except in cases where the biology of the stock of fish or other environmental conditions dictate otherwise2 or 7,,ii7 the sum of the time in which the affected stock of fish is expected to rebuild to its maximum sustainable yield biomass level in the absence of any fishing mortality1 and the mean generation of time of the affected stock of fish1 if those time values are the best scientific information available2 4 #ajd4 ,funding for stock assessments1 surveys1 and data collection ,section #caa7;e77#a7 7#af ,u4,s4,c4 #ahfa7;e77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 the costs of stock assessments1 surveys1 and data collection in fisheries managed under this ,act4 4 #aje4 ,capital construction 7a7 ,definitions2 eligible and qualified fishery facilities ,section #eceja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking 7#g7 ,united states foreign trade4-- and inserting 7#aa7 ,united ,states foreign trade4--2 7#b7 by striking 7#h7 ,vessel4-- and inserting 7#ab7 ,vessel4--2 7#c7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#h71 7#i71 and 7#aj71 respectively2 7#d7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#e7 by redesignating paragraph 7#a7 as paragraph 7#b72 7#f7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,agreement fishery facility ,the term agreement fishery facility means an eligible fishery facility or a qualified fishery facility that is subject to an agreement under this chapter4 2 7#g7 by inserting after paragraph 7#b71 as redesignated1 the following3 7#c7 ,eligible fishery facility 7,a7 ,in general ,subject to subparagraph 7,b71 the term 8eligible fishery facility0 means-- 7i7 for operations on land-- 7,i7 a structure or an appurtenance thereto designed for unloading and receiving from a vessel1 processing1 holding pending processing1 distribution after processing1 or holding pending distribution1 of fish from a fishery2 7,,ii7 the land necessary for the structure or appurtenance described in subclause 7,i72 and 7,,iii7 equipment that is for use with the structure or appurtenance that is necessary to perform a function described in subclause 7,i72 7ii7 for operations not on land1 a vessel built in the ,united ,states and used for1 equipped to be used for1 or of a type normally used for1 processing fish2 or 7iii7 for aquaculture1 including operations on land or elsewhere-- 7,i7 a structure or an appurtenance thereto designed for aquaculture2 7,,ii7 the land necessary for the structure or appurtenance2 7,,iii7 equipment that is for use with the structure or appurtenance and that is necessary to perform a function described in subclause 7,i72 and 7,,iv7 a vessel built in the ,united ,states and used for1 equipped to be used for1 or of a type normally used for1 aquaculture4 7,b7 ,ownership requirement ,under subparagraph 7,a71 the structure1 appurtenance1 land1 equipment1 or vessel shall be owned by-- 7i7 an individual who is a citizen of the ,united ,states2 or 7ii7 an entity that is-- 7,i7 a citizen of the ,united ,states under section #ejeja of this title2 and 7,,ii7 at least #ge percent owned by citizens of the ,united ,states1 as determined under section #ejeja of this title4 2 and 7#h7 by inserting after paragraph 7#f71 as redesignated1 the following3 7#g7 ,qualified fishery facility 7,a7 ,in general ,subject to subparagraph 7,b71 the term qualified fishery facility means-- 7i7 for operations on land-- 7,i7 a structure or an appurtenance thereto designed for unloading and receiving from a vessel1 processing1 holding pending processing1 distribution after processing1 or holding pending distribution1 of fish from a fishery2 7,,ii7 the land necessary for the structure or appurtenance2 and 7,,iii7 equipment that is for use with the structure or appurtenance and necessary to perform a function described in subclause 7,i72 7ii7 for operations not on land1 a vessel built in the ,united ,states and used for1 equipped to be used for1 or of a type normally used for1 processing fish2 or 7iii7 for aquaculture1 including operations on land or elsewhere-- 7,i7 a structure or an appurtenance thereto designed for aquaculture2 7,,ii7 the land necessary for the structure or appurtenance2 7,,iii7 equipment that is for use with the structure or appurtenance and necessary for performing a function described in subclause 7,i72 and 7,,iv7 a vessel built in the ,united ,states4 7,b7 ,ownership requirement ,under subparagraph 7,a71 the structure1 appurtenance1 land1 equipment1 or vessel shall be owned by-- 7i7 an individual who is a citizen of the ,united ,states2 or 7ii7 an entity that is-- 7,i7 a citizen of the ,united ,states under section #ejeja of this title2 and 7,,ii7 at least #ge percent owned by citizens of the ,united ,states1 as determined under section #ejeja of this title4 4 7b7 ,eligible fishery facilities 7#a7 ,definition of ,secretary ,paragraph 7#i77;,a7 of section #eceja of title #df1 ,united ,states ,code1 as redesignated by subsection 7a7 of this section1 is amended to read as follows3 7,a7 the ,secretary of ,commerce with respect to-- 7i7 an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the ,united ,states2 or 7ii7 an eligible fishery facility or a qualified fishery facility2 4 7#b7 ,establishing a capital construction fund ,section #ecejc of title #df1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by inserting or eligible fishery facility after eligible vessel2 and 7ii7 by striking the period at the end and inserting or fishery facility42 and 7,b7 by amending subsection 7b7 to read as follows3 7b7 ,allowable purpose ,the purpose of the agreement shall be-- 7#a7 to provide replacement vessels1 additional vessels1 or reconstructed vessels1 built in the ,united ,states and documented under the laws of the ,united ,states1 for operation in the ,united ,states foreign1 ,great ,lakes1 noncontiguous domestic1 or short sea transportation trade or in the fisheries of the ,united ,states2 or 7#b7 to provide for the acquisition1 construction1 or reconstruction of a fishery facility owned by-- 7,a7 an individual who is a citizen of the ,united ,states2 or 7,b7 an entity that is-- 7i7 a citizen of the ,united ,states under section #ejeja2 and 7ii7 at least #ge percent owned by citizens of the ,united ,states1 as determined under section #ejeja4 4 7c7 ,agreement fishery facilities 7#a7 ,deposits and withdrawals ,section #ecejd7;b7 of title #df1 ,united ,states ,code1 is amended by striking the period at the end and inserting or an agreement fishery facility44 7#b7 ,ceiling on deposits ,section #eceje of title #df1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 paragraphs 7#a71 by inserting or agreement fishery facilities after agreement vessels2 7ii7 in paragraph 7#b71 by striking the semicolon at the end and inserting or agreement fishery facilities2 and 7iii7 in paragraph 7#c7 by inserting or agreement fishery facility after agreement vessel both places that term appears2 and 7,b7 in subsection 7b7-- 7i7 by inserting or agreement fishery facility after an agreement vessel2 and 7ii7 by inserting or fishery facility after the vessel4 7d7 ,qualified fishery facilities 7#a7 ,qualified withdrawals ,section #eceji7;a7 of title #df1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking qualified vessel2 or and inserting qualified vessel1 or the acquisition1 construction1 or reconstruction of a qualified fishery facility2 or2 and 7,b7 in paragraph 7#b71 by striking qualified vessel4 and inserting qualified vessel1 or the acquisition1 construction1 or reconstruction1 of a qualified fishery facility44 7#b7 ,tax treatment of qualified withdrawals and basis of property ,section #eceaj of title #df1 ,united ,states ,code1 is amended-- 7,a7 in subsections 7b7 and 7c71 by striking or container each place that term appears and inserting container1 or fishery facility2 and 7,b7 in subsection 7d71 by striking and containers and inserting containers1 and fishery facilities4 7#c7 ,tax treatment of nonqualified withdrawals ,section #eceaa7;e77#d7 of title #df1 ,united ,states ,code1 is amended by inserting or fishery facility after vessel4 7e7 ,technical amendment ,paragraph 7#h77;,a77iii7 of section #eceja of title #df1 ,united ,states ,code1 as redesignated by subsection 7a7 of this section1 is amended by striking trade trade and inserting trade4 #ajf4 ,fisheries disaster relief ,section #cab7;a7 7#af ,u4,s4,c4 #ahfa;a7a77 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the ,secretary shall make a decision regarding a request under paragraph 7#a7 not later than #ij days after the date the ,secretary receives a complete estimate of the economic impact of the fishery resource disaster from the affected ,state1 tribal government1 or fishing community4 4 #ajg4 ,regional fishery conservation and management authorities 7a7 ,in general ,title ,,iii 7#af ,u4,s4,c4 #ahea et seq47 is amended by inserting after section #cac1 the following3 #cac;,a4 ,gulf of ,mexico fisheries conservation and management ,at least once every #e years1 the ,gulf ,council shall review1 in accordance with the provisions of this ,act1 any allocation of fishing privileges among the commercial1 recreational1 and charter components of a fishery managed under a fishery management plan prepared by the ,council1 except that the ,council may delay action for not more than #c additional #a year periods if necessary4 #cac;,b4 ,south ,atlantic ,fisheries conservation and management ,at least once every #e years1 the ,south ,atlantic ,council shall review1 in accordance with the provisions of this ,act1 any allocation of fishing privileges among the commercial1 recreational1 and charter components of a fishery managed under a fishery management plan prepared by the ,council1 except that the ,council may delay action for not more than #c additional #a year periods if necessary4 4 7b7 ,table of contents ,the table of contents is amended by inserting after the item relating to section #cac1 the following3 #cac;,a4 ,gulf of ,mexico fisheries conservation and management4#cac;,b4 ,south ,atlantic fisheries conservation and management4 4 #ajh4 ,study of allocations in mixed-use fisheries 7a7 ,study requirements ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall enter into an arrangement with the ,national ,academy of ,sciences to conduct a study-- 7#a7 to provide guidance on criteria that could be used for allocating fishing privileges1 including consideration of the conservation and socioeconomic benefits of the commercial1 recreational1 and charter components of a fishery1 to a ,regional ,fishery ,management ,council established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7 in the preparation of a fishery management plan under that ,act2 and 7#b7 to identify sources of information that could reasonably support the use of such criteria in allocation decisions4 7b7 ,report ,not later than #a year after the date a contract is awarded under subsection 7a71 the ,national ,academy of ,sciences shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the study conducted under subsection 7a74 ,,ii ,fishery information1 research1 and development #bja4 ,fisheries research 7a7 ,stock assessment plan ,section #djd 7#af ,u4,s4,c4 #ahha;c7 is amended by adding at the end the following3 7e7 ,stock assessment plan 7#a7 ,in general ,the ,secretary1 in consultation with the ,councils1 shall develop and publish in the ,federal ,register1 on the same schedule as required for the strategic plan required under subsection 7b71 a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this ,act4 7#b7 ,contents ,the plan shall-- 7,a7 for each stock of fish for which a stock assessment has previously been conducted-- 7i7 establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock2 and 7ii7 subject to the availability of appropriations1 require completion of a new stock assessment1 or an update of the most recent stock assessment-- 7,i7 at least once every #e years1 except a ,council may delay action for not more than #c additional #a-year periods2 or 7,,ii7 within such other time period specified and justified by the ,secretary in the plan2 7,b7 for each economically important stock of fish for which a stock assessment has not previously been conducted-- 7i7 establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock2 and 7ii7 subject to the availability of appropriations1 require completion of the initial stock assessment not later than #c years after the date that the plan is published in the ,federal ,register unless another time period is specified and justified by the ,secretary in the plan2 and 7,c7 identify data and analysis1 especially concerning recreational fishing1 that1 if available1 would reduce uncertainty in and improve the accuracy of future stock assessments1 including whether that data and analysis could be provided by nongovernmental sources1 including fishermen1 fishing communities1 universities1 and research institutions4 7#c7 ,waiver of stock assessment requirement ,notwithstanding subparagraphs 7,a77ii7 and 7,b77ii7 of paragraph 7#b71 a stock assessment shall not be required for a stock of fish in the plan if the ,secretary determines that such a stock assessment is not necessary and justifies the determination in the ,federal ,register notice required by this subsection4 4 7b7 ,deadline ,notwithstanding paragraph 7#a7 of section #djd7;e7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 as added by this section1 the ,secretary of ,commerce shall issue the first stock assessment plan under that section by not later than #a year after the date of the enactment of this ,act4 #bjb4 ,improving science 7a7 ,improving data collection and analysis 7#a7 ,in general ,section #djd 7#af ,u4,s4,c4 #ahha;c71 as amended by section #bja of this ,act1 is further amended by adding at the end the following3 7f7 ,improving data collection and analysis 7#a7 ,in general ,the ,secretary1 in consultation with the scientific and statistical committees of the ,councils established under section #cjb7;g71 shall develop and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on facilitating greater incorporation of data1 analysis1 stock assessments1 and surveys from nongovernmental sources1 including fishermen1 fishing communities1 universities1 and research institutions1 into fisheries management decisions4 7#b7 ,content ,the report under paragraph 7#a7 shall-- 7,a7 identify types of data and analysis1 especially concerning recreational fishing1 that can be reliably used for purposes of this ,act and the basis for establishing conservation and management measures as required by section #cjc7;a77#a71 including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes2 7,b7 provide specific recommendations for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section #djd7;e77#b77;,c72 7,c7 consider the extent to which it is possible to establish a registry of persons providing such information2 and 7,d7 consider the extent to which the acceptance and use of data and analysis identified in the report in fishery management decisions is practicable4 4 7b7 ,deadline ,the ,secretary of ,commerce shall submit the report required under the amendment made by subsection 7a7 not later than #a year after the date of the enactment of this ,act4 #bjc4 ,focusing assets for improved fisheries outcomes 7a7 ,in general ,section #b7;b7 of the ,act of ,august #aa1 #aici 7#ae ,u4,s4,c4 #gac;c-#c7;b771 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking beginning with the fiscal year commencing ,july #a1 #aied1 and ending on ,june #cj1 #aieg12 7,b7 by striking moneys the first place that term appears and inserting monies2 and 7,c7 by striking shall be maintained in a separate fund only for and all that follows and inserting shall only be used for the purposes described under subsection 7c742 and 7#b7 by striking paragraph 7#b74 7b7 ,limitations on bills transferring funds ,section #b7;b7 of the ,act of ,august #aa1 #aici 7#ae ,u4,s4,c4 #gac;c-#c7;b771 as amended by subsection 7a7 of this section1 is further amended by adding at the end the following3 7#b7 ,limitations on bills transferring funds 7,a7 ,in general ,it shall not be in order in the ,senate or the ,house of ,representatives to consider any bill1 resolution1 amendment1 or conference report that reduces any amount in the fund referred to in paragraph 7#a7 in a manner that is inconsistent with such paragraph4 7,b7 ,limitation on changes to this paragraph ,it shall not be in order in the ,senate or the ,house of ,representatives to consider any bill1 resolution1 amendment1 or conference report that would repeal or otherwise amend this paragraph4 7,c7 ,waiver ,a provision of this paragraph may be waived or suspended in the ,senate only by the affirmative vote of three-fifths of the ,members1 duly chosen and sworn4 7,d7 ,appeals ,an affirmative vote of three-fifths of the ,members of the ,senate1 duly chosen and sworn1 shall be required to sustain an appeal of the ruling of the ,chair on the point of order raised under this paragraph4 7,e7 ,rules of the ,senate and the ,house of ,representatives ,this paragraph is enacted by ,congress-- 7i7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and is deemed to be part of the rules of each house1 respectively1 but applicable only with respect to the procedure to be followed in the ,house in the case of a bill1 resolution1 amendment1 or conference report under this paragraph1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7ii7 with full recognition of the constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 #bjd4 ,gulf of ,mexico red snapper catch limits2 repeal ,section #djg 7#af ,u4,s4,c4 #ahhc7 is amended by striking subsection 7d74