,,ii #aaeth ,,congress #ast ,session ,s4 #agdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #c1 #bjag ,mr4 ,rubio 7for himself and ,mr4 ,nelson7 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 ,act of #bjag4 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 ,funding for stock assessments1 surveys1 and data collection4 ,sec4 #ajd4 ,capital construction4 ,sec4 #aje4 ,fisheries disaster relief4 ,sec4 #ajf4 ,regional fishery conservation and management authorities4 ,sec4 #ajg4 ,study of allocations in mixed-use fisheries in the ,gulf of ,mexico and ,south ,atlantic4 ,sec4 #ajh4 ,requirements relating to experimental fishing permits for fishing in ,gulf of ,mexico or ,south ,atlantic4 ,,title ,,ii--,fishery information1 research1 and development ,sec4 #bja4 ,fisheries research4 ,sec4 #bjb4 ,improving science4 #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 7i71 in the matter before subclause 7,i7-- 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 7a7 ,limitations ,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 #ab months or less1 or to a species in a fishery with respect to which the vast majority of 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 or 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 7b7 ,relationship of catch limit requirements to international fishery efforts ,such section is further amended by adding at the end the following3 7e7 ,consideration of international fishery efforts in developing catch limits 7#a7 ,in general ,each annual catch limit developed under section #cjb7;h77#f7 and each mechanism established under subsection 7a77#ae7 of this section-- 7,a7 may take into account management measures under international agreements in which the ,united ,states participates2 and 7,b7 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 effect-- 7,a7 notwithstanding section #cjb7;h77#f71 no annual catch limit is required to be developed for the species by a ,council2 and 7,b7 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 4 #ajc4 ,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 #ajd4 ,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 ,the term eligible fishery facility means-- 7,a7 for operations on land-- 7i7 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 7ii7 the land necessary for the structure or appurtenance described in subsection 7#a72 and 7iii7 equipment that is for use with the structure or appurtenance that is necessary to perform a function described in clause 7i72 7,b7 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 7,c7 for aquaculture1 including operations on land or elsewhere-- 7i7 a structure or an appurtenance thereto designed for aquaculture2 7ii7 the land necessary for the structure or appurtenance2 7iii7 equipment that is for use with the structure or appurtenance and that is necessary to perform a function described in clause 7i72 and 7iv7 a vessel built in the ,united ,states and used for1 equipped to be used for1 or of a type normally used for1 aquaculture4 4 7#h7 by inserting after paragraph 7#f71 as redesignated1 the following3 7#g7 ,qualified fishery facility ,the term qualified fishery facility means-- 7,a7 for operations on land-- 7i7 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 7ii7 the land necessary for the structure or appurtenance2 and 7iii7 equipment that is for use with the structure or appurtenance and necessary to perform a function described in clause 7i72 7,b7 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 7,c7 for aquaculture1 including operations on land or elsewhere-- 7i7 a structure or an appurtenance thereto designed for aquaculture2 7ii7 the land necessary for the structure or appurtenance2 7iii7 equipment that is for use with the structure or appurtenance and necessary for performing a function described in clause 7i72 and 7iv7 a vessel built in the ,united ,states4 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 and 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 facility4 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 in paragraph 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 ,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 #aje4 ,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 #ajf4 ,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 of ,mexico ,fishery ,management ,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 ,fishery ,management ,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 in the first section 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 #ajg4 ,study of allocations in mixed-use fisheries in the ,gulf of ,mexico and ,south ,atlantic 7a7 ,study requirements ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall seek to 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 the ,gulf of ,mexico and ,south ,atlantic ,regional ,fishery ,management ,councils 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 the ,secretary enters into an arrangement under subsection 7a71 the ,secretary 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 7c7 ,alternate contract scientific organization 7#a7 ,in general ,if the ,secretary is unable within the time period prescribed in subsection 7a7 to enter into an agreement described in such subsection 7a7 with the ,national ,academy of ,sciences on terms acceptable to the ,secretary1 the ,secretary shall seek to enter into such an agreement with the ,atlantic ,coastal ,cooperative ,statistics ,program4 7#b7 ,treatment ,if the ,secretary enters into an agreement with the ,atlantic ,coastal ,cooperative ,statistics ,program as described in paragraph 7#a71 any reference in this section to the ,national ,academy of ,sciences shall be treated as a reference to the ,atlantic ,coastal ,cooperative ,statistics ,program4 #ajh4 ,requirements relating to experimental fishing permits for fishing in ,gulf of ,mexico or ,south ,atlantic ,section #cah7;d7 7#af ,u4,s4,c4 #ahfg7;d77 is amended-- 7#a7 by striking ,not later and inserting the following3 7#a7 ,in general ,not later 2 and 7#b7 by adding at the end the following3 7#b7 ,requirements relating to ,gulf of ,mexico and ,south ,atlantic 7,a7 ,consultation ,the ,regional ,administrator or ,director shall consult with the ,state ,fish and ,wildlife ,agency of any ,state with a fishing community that would be affected by the issuance of an experimental fishing permit under paragraph 7#a7 for fishing in ,federal waters in the ,gulf of ,mexico or the ,south ,atlantic before issuing such permit4 7,b7 ,limitation ,the process created under paragraph 7#a7 may not be used in such manner as to implement a region-wide limited access privilege program under section #cjc;,a or a sector allocation4 4 ,,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 develop1 submit to ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 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 ,state fish and wildlife agencies1 fishermen1 fishing communities1 universities1 research institutions1 and philathropic organizations4 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 ,state fish and wildlife agencies1 fishermen1 fishing communities1 universities1 research institutions1 and philanthropic organizations1 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 7#b7 ,deadline ,the ,secretary of ,commerce shall submit the report required by section #djd7;f7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 as added by paragraph 7#a71 not later than #a year after the date of the enactment of this ,act4 7b7 ,,nas report recommendations ,the ,secretary of ,commerce shall consider1 and to the extent feasible1 implement the recommendations of the ,national ,academy of ,sciences in its report entitled ,review of the ,marine ,recreational ,information ,program 7#bjag71 including-- 7#a7 prioritizing the evaluation of electronic data collection for the ,fishing ,effort ,survey1 including smartphone applications1 electronic diaries for prospective data collection1 and an ,internet website option2 and 7#b7 evaluating whether the design of the ,marine ,recreational ,information ,program for the purposes of stock assessment and the determination of stock management reference points is compatible with the needs of in-season management of annual catch limits and1 if such program is incompatible with such needs1 determining an alternative method for in-season management that is consistent with the requirements of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474