,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bjj ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag,mr4 ,young of ,alaska 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 ,definitions ,in this ,act1 any term used 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 #c4 ,references ,except as otherwise specifically provided1 whenever in this ,act 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 #d4 ,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 #e4 ,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 7,a7 ,in general ,each annual catch limit1 consistent with section #cjb7;h77#f7-- 7i7 may take into account management measures under international agreements in which the ,united ,states participates2 and 7ii7 in the case of an annual catch limit developed by a ,council for a species1 shall take into account fishing for the species outside the exclusive economic zone and the life-history characteristics of the species that are not subject to the jurisdiction of the ,council4 7,b7 ,exception to annual catch limit requirement ,if fishery management activities by another country with respect to fishing 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 transboundary1 and for which there is no informal transboundary agreement with that country in effect1 then-- 7i7 notwithstanding subsection 7h77#f71 no annual catch limit is required to be developed for the species by a ,council2 and 7ii7 if an annual catch limit is developed by a ,council for the species1 the catch limit shall take into account fishing for the species outside the exclusive economic zone that is not subject to the jurisdiction of the ,council4 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 #f4 ,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 ,the terms overfishing and overfished mean and inserting ,the term overfishing means2 and 7#b7 by inserting after paragraph 7#h7 the following3 7#h;a7 ,the term depleted 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-- 7#a7 in the heading of section #cjd7;e71 by striking ,overfished and inserting ,depleted2 and 7#b7 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 #g4 ,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 of 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 this section are deemed to fulfill the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba 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 seq4714 #h4 ,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 #i4 ,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 #aj4 ,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 #aa4 ,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 #ab4 ,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#d7 ,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 7g7 ,funding of stock assessments ,the ,secretary of ,commerce and the ,secretary of the ,interior1 acting through the ,bureau of ,ocean ,energy ,management1 shall enter into a cooperative agreement for the funding of stock assessments that are necessitated by any action by the ,bureau with respect to offshore oil rigs in the ,gulf of ,mexico that adversely impacts red snapper4 #ac4 ,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 #ad4 ,ensuring consistent management for fisheries throughout their range 7a7 ,in general ,the ,act 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 #c the following3 ,sec4 #d4 ,authorization of appropriations4 ,sec4 #e4 ,ensuring consistent fisheries management under certain other ,federal laws4 4 #ae4 ,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 #af4 ,recreational fishing data 7a7 ,recreational data collection ,section #dja7;g7 7#af ,u4,s4,c4 #ahha7;g77 is amended by redesignating paragraph 7#d7 as paragraph 7#e71 and by inserting after paragraph 7#c7 the following3 7#d7 ,federal-,state partnerships 7,a7 ,establishment ,the ,secretary shall establish partnerships with ,states to develop best practices for implementation of ,state programs established pursuant to paragraph 7#b74 7,b7 ,guidance ,the ,secretary shall develop guidance1 in cooperation with the ,states1 that details best practices for administering ,state programs pursuant to paragraph 7#b71 and provide such guidance to the ,states4 7,c7 ,biennial ,report ,the ,secretary shall submit to the ,congress and publish biennial reports that include-- 7i7 the estimated accuracy of the registry program established under paragraph 7#a7 and of ,state programs that are exempted under paragraph 7#b72 7ii7 priorities for improving recreational fishing data collection2 and 7iii7 an explanation of any use of information collected by such ,state programs and by the ,secretary1 including a description of any consideration given to the information by the ,secretary4 7,d7 ,states ,grant ,program ,the ,secretary shall make grants to ,states to improve implementation of ,state programs consistent with this subsection4 ,the ,secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs4 4 7b7 ,study on recreational fisheries data ,section #dja7;g7 7#af ,u4,s4,c4 #ahha7;g77 is further amended by adding at the end the following3 7#f7 ,study on program implementation 7,a7 ,in general ,not later than #fj days after the enactment of this paragraph1 the ,secretary 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 this section4 ,the study shall-- 7i7 provide an updated assessment of recreational survey methods established or improved since the publication of the ,council's report ,review of ,recreational ,fisheries ,survey ,methods 7#bjjf72 7ii7 evaluate the extent to which the recommendations made in that report were implemented pursuant to paragraph 7#c77;,b72 and 7iii7 examine any limitations of the ,marine ,recreational ,fishery ,statistics ,survey and the ,marine ,recreational ,information ,program established under paragraph 7#a74 7,b7 ,report ,not later than #a year after entering into an agreement under subparagraph 7,a71 the ,secretary shall submit a report to ,congress on the results of the study under subparagraph 7,a74 4 #ag4 ,stock assessments used for fisheries managed under ,gulf of ,mexico ,council's ,reef ,fish ,management ,plan 7a7 ,in general ,title ,,iv 7#af ,u4,s4,c4 #ahha et seq47 is amended by adding at the end the following3 #dji4 ,stock assessments used for fisheries managed under ,gulf of ,mexico ,council's ,reef ,fish ,management ,plan 7a7 ,in general ,the ,gulf ,states ,marine ,fisheries ,commission shall conduct all fishery stock assessments used for management purposes by the ,gulf of ,mexico ,fishery ,management ,council for the fisheries managed under the ,council's ,reef ,fish ,management ,plan4 7b7 ,use of other information and assets 7#a7 ,in general ,such fishery assessments shall-- 7,a7 incorporate fisheries survey information collected by university researchers2 and 7,b7 to the extent practicable1 use ,state1 university1 and private assets to conduct fisheries surveys4 7#b7 ,surveys at artificial reefs ,any such fishery stock assessment conducted after the date of the enactment of the ,strengthening ,fishing ,communities and ,increasing ,flexibility in ,fisheries ,management ,act shall incorporate fishery surveys conducted1 and other relevant fisheries information collected1 on and around natural and artificial reefs4 7c7 ,constituent and stakeholder participation ,each such fishery assessment shall-- 7#a7 emphasize constituent and stakeholder participation in the development of the assessment2 7#b7 contain all of the raw data used in the assessment and a description of the methods used to collect that data2 and 7#c7 employ an assessment process that is transparent and includes-- 7,a7 includes a rigorous and independent scientific review of the completed fishery stock assessment2 and 7,b7 a panel of independent experts to review the data and assessment and make recommendations on the most appropriate values of critical population and management quantities4 4 7b7 ,clerical amendment ,the table of contents in the first section is amended by adding at the end of the items relating to title ,,iv the following3 ,sec4 #djh4 ,deep sea coral research and technology program4 ,sec4 #dji4 ,stock assessments used for fisheries managed under ,gulf of ,mexico ,council's ,reef ,fish ,management ,plan4 4 #ah4 ,estimation of cost of recovery from fishery resource disaster ,section #cab7;a77#a7 7#af ,u4,s4,c4 #ahfa;a7#a77 is amended-- 7#a7 by inserting 7,a7 after 7#a72 7#b7 by redesignating existing subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 of subparagraph 7,a7 7as designated by the amendment made by paragraph 7#a772 and 7#c7 by adding at the end the following3 7,b7 ,the ,secretary shall publish the estimated cost of recovery from a fishery resource disaster no later than #cj days after the ,secretary makes the determination under subparagraph 7,a7 with respect to such disaster4 4 #ai4 ,deadline for action on request by ,governor for determination regarding fishery resource disaster ,section #cab7;a7 7#af ,u4,s4,c4 #ahfa;a7a77 is amended by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 and by inserting after paragraph 7#a7 the following3 7#b7 ,the ,secretary shall make a decision regarding a request from a ,governor under paragraph 7#a7 within #ij days after receiving an estimate of the economic impact of the fishery resource disaster from the entity requesting the relief4 4 #bj4 ,prohibition on considering red snapper killed during removal of oil rigs ,any red snapper that are killed during the removal of any offshore oil rig in the ,gulf of ,mexico shall not be considered in determining under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 whether the total allowable catch for red snapper has been reached4 #ba4 ,prohibition on considering fish seized from foreign fishing ,any fish that are seized from a foreign vessel engaged in illegal fishing activities in the ,exclusive ,economic ,zone shall not be considered in determining under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 the total allowable catch for that fishery4 #bb4 ,subsistence fishing 7a7 ,definition ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended by inserting after paragraph 7#dc7 the following3 7#dc;a7 7,a7 ,the term subsistence fishing means fishing in which the fish harvested are intended for customary and traditional uses1 including for direct personal or family consumption as food or clothing2 for the making or selling of handicraft articles out of nonedible byproducts taken for personal or family consumption1 for barter1 or sharing for personal or family consumption2 and for customary trade4 7,b7 ,in this paragraph-- 7i7 the term family means all persons related by blood1 marriage1 or adoption1 or any person living within the household on a permanent basis2 and 7ii7 the term barter means the exchange of a fish or fish part-- 7,i7 for another fish or fish part2 or 7,,ii7 for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature4 4 7b7 ,council seat ,section #cjb7;b77#b7 7#af ,u4,s4,c4 #aheb7;b77#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking or recreational and inserting 1 recreational1 or subsistence fishing2 and 7#b7 in subparagraph 7,c71 in the second sentence1 by inserting 1 and in the case of the ,governor of ,alaska with the subsistence fishing interests of the ,state1 after interests of the ,state4 7c7 ,purpose ,section #b7;b77#c7 7#af ,u4,s4,c4 #ahja7;b77#c77 is amended by striking and recreational and inserting 1 recreational1 and subsistence4 #bc4 ,inter-sector trading of commercial catch share allocations in the ,gulf of ,mexico ,section #cja 7#af ,u4,s4,c4 #ahea7 is amended by adding at the end the following3 7c7 ,inter-,sector trading of commercial catch share allocations in the ,gulf of ,mexico ,notwithstanding any other provision of this ,act1 any commercial fishing catch share allocation in a fishery in the ,gulf of ,mexico may only be traded by sale or lease within the same commercial fishing sector4 4 #bd4 ,arctic community development quota ,section #cac 7#af ,u4,s4,c4 #ahfb7 is amended by adding at the end the following3 7k7 ,arctic community development quota ,if the ,north ,pacific ,fishery ,management ,council issues a fishery management plan for the exclusive economic zone in the ,arctic ,ocean1 or an amendment to the ,fishery ,management ,plan for ,fish ,resources of the ,arctic ,management ,area issued by such ,council1 that makes available to commercial fishing1 and establishes a sustainable harvest level1 for any part of such zone1 the ,council shall set aside not less than #aj percent of the total allowable catch therein as a community development quota for coastal villages located north and east of the ,bering ,strait4 4 #be4 ,preference for students studying water resource issues ,section #djb7;e7 7#af ,u4,s4,c4 #ahha;a7e77 is amended by adding at the end the following3 7#d7 ,the ,secretary shall1 to the extent practicable1 when hiring individuals to collect information regarding marine recreational fishing under this subsection1 give preference to students studying fisheries conservation and management1 water resource issues1 or other relevant subjects at an institution of higher education in the ,united ,states4 4 #bf4 ,requirements for limited access privileges ,section #ccjc;,a7c77#a77;,g7 7#af ,u4,s4,c4 #ahec;a7c77#a77;,g77 is amended to read as follows3 7,g7 include provisions for a formal and detailed review #e years after the implementation of the program1 and thereafter the regular monitoring and review by the ,council and the ,secretary of the operations and impacts of the program1 to coincide with scheduled ,council review of the relevant fishery management plan 7but no less frequently than once every #g years7 including-- 7i7 determining progress in meeting the goals of the program and this ,act2 7ii7 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 reside2 and 7iii7 any necessary modification of the program to meet those goals1 including a formal schedule for action to be taken within #b years2 4 #bg4 ,healthy fisheries through better science 7a7 ,definition of stock assessment ,section #c 7#af ,u4,s4,c4 #ahjb71 as amended by section #bb7;a7 of this ,act1 is further amended by redesignating the paragraphs after paragraph 7#db7 in order as paragraphs 7#dd7 through 7#ec71 and by inserting after paragraph 7#db7 the following3 7#dc7 ,the term stock assessment means an evaluation of the past1 present1 and future status of a stock of fish1 that includes-- 7,a7 a range of life history characteristics for such stock1 including-- 7i7 the geographical boundaries of such stock2 and 7ii7 information on age1 growth1 natural mortality1 sexual maturity and reproduction1 feeding habits1 and habitat preferences of such stock2 and 7,b7 fishing for the stock4 4 7b7 ,stock assessment plan 7#a7 ,in general ,section #djd 7#af ,u4,s4,c4 #ahha;c71 as amended by section #i7;d7 of this ,act1 is further amended by adding at the end the following3 7f7 ,stock assessment plan 7#a7 ,in general ,the ,secretary shall develop and publish in the ,federal ,register1 on the same schedule as required for the strategic plan required under subsection 7b7 of this section1 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 every #e years2 or 7,,ii7 within such other time period specified and justified by the ,secretary in the plan2 7,b7 for each 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 within #c years after 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 such data and analysis could be provided by fishermen1 fishing communities1 universities1 and research institutions4 7#c7 ,waiver of stock assessment requirement ,notwithstanding subparagraphs 7,a77ii7 and 7,b77ii71 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 subsection4 4 7#b7 ,deadline ,notwithstanding paragraph 7#a7 of section #djd7;f7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 as amended by this section1 the ,secretary of ,commerce shall issue the first stock assessment plan under such section by not later than #b years after the date of enactment of this ,act4 7c7 ,improving science 7#a7 ,incorporation of information from wide variety of sources ,section #b7;a77#h7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja7 is amended by adding at the end the following3 ,fisheries management is most effective when it incorporates information provided by governmental and nongovernmental sources1 including ,state and ,federal agency staff1 fishermen1 fishing communities1 universities1 and research institutions4 ,as appropriate1 such information should be considered the best scientific information available and form the basis of conservation and management measures as required by this ,act44 7#b7 ,improving data collection and analysis ,section #djd 7#af ,u4,s4,c4 #ahha;c71 as amended by this section1 is further amended by adding at the end the following3 7g7 ,improving data collection and analysis 7#a7 ,in general ,the ,secretary1 in consultation with the ,councils acting in reliance on their science and statistical committees established under section #cjb7;g71 shall develop and publish in the ,federal ,register guidelines that will facilitate greater incorporation of data1 analysis1 and stock assessments from nongovernmental sources1 including fishermen1 fishing communities1 universities1 and research institutions1 into fisheries management decisions4 7#b7 ,content ,the guidelines shall-- 7,a7 identify types of data and analysis1 especially concerning recreational fishing1 that can be reliably used as the basis for establishing conservation and management measures as required by section #cjc7;a77#a71 including setting standards for the collection and use of such data and analysis in stock assessments and for other purposes2 and 7,b7 provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section #djd7;f77#b77;,c74 7#c7 ,acceptance and use of data and analyses ,the ,secretary and ,regional ,fishery ,management ,councils shall-- 7,a7 use all data and analyses that meet the guidelines published under paragraph 7#a7 as the best scientific information available for purposes of this ,act in fisheries management decisions1 unless otherwise determined by the science and statistical committee of the ,councils established pursuant to section #cjb7;g7 of the ,act2 and 7,b7 explain in the ,federal ,register notice announcing the fishery management decision how such data and analyses have been used to establish conservation and management measures4 4 7#c7 ,deadline ,the ,secretary of ,commerce shall develop and publish guidelines under the amendment made by paragraph 7#b7 by not later than #a year after the date of enactment of this ,act4 7d7 ,cost reduction report ,within #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the ,regional ,fishery ,management ,councils1 shall submit a report to ,congress that1 with respect to each fishery governed by a fishery management plan in effect under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47-- 7#a7 identifies the goals of the applicable programs governing monitoring and enforcement of fishing that is subject to such plan2 7#b7 identifies methods to accomplish those goals1 including human observers1 electronic monitoring1 and vessel monitoring systems2 7#c7 certifies which such methods are most cost-effective for fishing that is subject to such plan2 and 7#d7 explains why such most-cost-effective methods are not required1 if applicable4 #bh4 ,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 #bjah through #bjbb4 #bi4 ,authority to use alternative fishery management measures ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 by redesignating paragraph 7#h7 as paragraph 7#i72 and 7#b7 by inserting after paragraph 7#g71 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 mortality targets1 and harvest control rules1 in developing a fishery management plan1 plan amendment1 or proposed regulations4 4