,i #aafth ,,congress #ast ,session ,h4 ,r4 #cfig ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjai,mr4 ,young 7for himself and ,mr4 ,van ,drew7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,magnuson-,stevens ,fishery ,conservation and ,management ,act to provide flexibility for fishery managers and stability for fishermen1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,fishing ,communities and ,increasing ,flexibility in ,fisheries ,management ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,references4 ,title ,i--,magnuson-,stevens ,act ,findings and ,definitions ,amendments and ,reauthorization ,sec4 #aja4 ,amendments to findings4 ,sec4 #ajb4 ,amendments to definitions4 ,sec4 #ajc4 ,authorization of appropriations4 ,title ,,ii--,fisheries ,management ,flexibility and ,modernization ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,process for allocation review for ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries4 ,sec4 #bjc4 ,alternative fishery management measures4 ,sec4 #bjd4 ,modifications to the annual catch limit requirement4 ,sec4 #bje4 ,limitation on future catch share programs4 ,sec4 #bjf4 ,study of limited access privilege programs for mixed-use fisheries4 ,sec4 #bjg4 ,cooperative data collection4 ,sec4 #bjh4 ,recreational fishing data4 ,sec4 #bji4 ,miscellaneous amendments relating to fishery management councils4 ,sec4 #baj4 ,northeast regional pilot research trawl survey and study4 ,title ,,iii--,healthy ,fisheries ,through ,better ,science ,sec4 #cja4 ,healthy fisheries through better science4 ,sec4 #cjb4 ,transparency and public process4 ,sec4 #cjc4 ,flexibility in rebuilding fish stocks4 ,sec4 #cjd4 ,exempted fishing permits4 ,sec4 #cje4 ,cooperative research and management program4 ,sec4 #cjf4 ,federal ,gulf of ,mexico red snapper management4 ,title ,,iv--,strengthening ,fishing ,communities ,sec4 #dja4 ,estimation of cost of recovery from fishery resource disaster4 ,sec4 #djb4 ,deadline for action on request by ,governor for determination regarding fishery resource disaster4 ,sec4 #djc4 ,north ,pacific ,fishery management clarification4 ,sec4 #djd4 ,limitation on harvest in ,north ,pacific directed pollock fishery4 ,sec4 #dje4 ,arctic community development quota4 ,sec4 #djf4 ,reallocation of certain unused harvest allocation4 ,sec4 #djg4 ,community ,development ,quota ,program panel voting procedures4 ,sec4 #djh4 ,prohibition on shark feeding off coast of ,florida4 ,sec4 #dji4 ,restoration of historically freshwater environment4 ,title ,v--,miscellaneous provisions ,sec4 #eja4 ,mitigation for impacts to submerged aquatic vegetation4 ,sec4 #ejb4 ,plan for electronic monitoring and reporting procedures for the ,northeast ,multispecies ,fishery4 ,sec4 #ejc4 ,study of fees charged to lobster fishing industry4 ,sec4 #ejd4 ,limitation on application of prohibition on ,atlantic striped bass fishing in ,block ,island ,sound transit zone4 ,sec4 #eje4 ,funding for monitoring implementation of ,northeast ,multispecies ,fishery ,management ,plan4 ,title ,,vi--,reef ,assassin ,act ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,encouraging elimination of lionfish4 #c4 ,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 #d4 ,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 ,i ,magnuson-,stevens ,act ,findings and ,definitions ,amendments and ,reauthorization #aja4 ,amendments to findings ,section #b7;a7 7#af ,u4,s4,c4 #ahja7 is amended-- 7#a7 in paragraph 7#a71 by inserting cultural well-being1 after economy12 and 7#b7 in paragraph 7#aj71 by inserting and traditional ways of life after economic growth4 #ajb4 ,amendments to definitions 7a7 ,definitions ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 in paragraph 7#b71 by striking management program2 7#b7 in paragraph 7#cd71 by striking ,the terms overfishing and overfished mean and inserting ,the term overfishing means2 7#c7 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 2 and 7#d7 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 exchange or 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 ,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 #ajc4 ,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 #bjbj through #bjbd4 ,,ii ,fisheries ,management ,flexibility and ,modernization #bja4 ,definitions ,for the purposes of implementing this title3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,limited access privilege program ,the term limited access privilege program means a program that meets the requirements of section #cjc;,a of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec;a74 7#c7 ,mixed-use fishery ,the term mixed-use fishery means a ,federal fishery in which two or more of the following occur3 7,a7 ,recreational fishing4 7,b7 ,charter fishing4 7,c7 ,commercial fishing4 #bjb4 ,process for allocation review for ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries 7a7 ,study of allocations in mixed-,use fisheries ,not later than #fj days after the date of 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 of ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries-- 7#a7 to provide guidance to each applicable ,council 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 in the preparation of a fishery management plan2 7#b7 to identify sources of information that could reasonably support the use of such criteria in allocation decisions2 7#c7 to develop procedures for allocation reviews and potential adjustments in allocations2 and 7#d7 that shall consider the ecological1 economic and social factors relevant to each component of the mixed-use fishery including but not limited to3 fairness and equitability of all current allocations2 percent utilization of available allocations by each component2 consumer and public access to the resource2 and the application of economic models for fully estimating the direct and indirect value-added contributions of the various commercial and recreational fishing industry market sectors throughout chain of custody4 7b7 ,report ,not later than #a year after the date an arrangement is entered into under subsection 7a71 the ,national ,academy of ,sciences shall submit to the appropriate committees of ,congress a report on the study conducted under that subsection4 7c7 ,process for allocation review and establishment 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 an applicable ,council shall perform a review of the allocations to the commercial fishing sector and the recreational fishing sector of all applicable fisheries in its jurisdiction4 7#b7 ,considerations ,in conducting a review under paragraph 7#a71 an applicable ,council shall consider1 in each allocation decision1 the conservation and socioeconomic benefits of-- 7,a7 the commercial fishing sector2 and 7,b7 the recreational fishing sector4 7d7 ,definition of applicable council ,in this section1 the term applicable ,council means-- 7#a7 the ,south ,atlantic ,fishery ,management ,council2 or 7#b7 the ,gulf of ,mexico ,fishery ,management ,council4 #bjc4 ,alternative fishery management measures ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 in paragraph 7#h71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#c7 by inserting after paragraph 7#h71 the following3 7#i7 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 regulations2 and 4 #bjd4 ,modifications to the annual catch limit requirement 7a7 ,regional fishery management councils ,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 ,annual catch limit requirement for certain data-poor fisheries ,notwithstanding subsection 7h77#f71 in the case of a stock of fish for which the total annual catch limit is #be percent or more below the overfishing limit1 a peer-reviewed stock survey and stock assessment have not been performed during the preceding #e fishing years1 and the stock is not subject to overfishing1 a ,council may1 after notifying the ,secretary1 maintain the current annual catch limit for the stock until a peer-reviewed stock survey and stock assessment are conducted and the results are considered by the ,council and its scientific and statistical committee4 7#b7 ,consideration of ecosystem and economic impacts ,in establishing annual catch limits a ,council may1 consistent with subsection 7h77#f71 consider changes in an ecosystem and the economic needs of the fishing communities4 7#c7 ,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#d7 ,relationship to international fishery efforts 7,a7 ,in general ,each annual catch limit1 consistent with subsection 7h77#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#e7 ,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 #c years in duration4 7#f7 ,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 7#g7 ,rule of construction ,nothing in this subsection shall be construed as providing an exemption from the requirements of section #cja7;a7 of this ,act4 4 7b7 ,action by the ,secretary ,section #cjd 7#af ,u4,s4,c4 #ahed7 is amended-- 7#a7 by striking 7i7 ,international ,overfishing4-- and inserting 7j7 ,international ,overfishing4--2 7#b7 in subsection 7j77#a71 as redesignated1 by inserting shall before immediately2 and 7#c7 by adding at the end the following3 7k7 ,stock surveys and assessments ,not later than #b years after the date that the ,secretary receives notice from a ,council under section #cjb7m71 the ,secretary shall complete a peer-reviewed stock survey and stock assessment of the applicable stock of fish and transmit the results of the survey and assessment to the ,council4 4 #bje4 ,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 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 7iii7 ,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 7iv7 ,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 #bjf4 ,study of limited access privilege programs for mixed-use fisheries 7a7 ,study on limited access privilege programs ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce shall seek to enter into an arrangement under which the ,ocean ,studies ,board of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall-- 7#a7 study the use of limited access privilege programs in mixed-use fisheries1 including-- 7,a7 identifying any inequities caused by a limited access privilege program2 7,b7 recommending policies to address the inequities identified in subparagraph 7,a72 and 7,c7 identifying and recommending the different factors and information a mixed-use fishery should consider when designing1 establishing1 or maintaining a limited access privilege program to mitigate any inequities identified in subparagraph 7,a72 and 7#b7 submit to the appropriate committees of ,congress a report on the study under paragraph 7#a71 including the recommendations under subparagraphs 7,b7 and 7,c7 of paragraph 7#a74 7b7 ,temporary moratorium 7#a7 ,in general ,except as provided in paragraph 7#b71 there shall be a moratorium on the submission and approval of a limited access privilege program for a mixed-use fishery until the date that the report is submitted under subsection 7a77#a77;,b74 7#b7 ,exception ,subject to paragraph 7#c71 a ,council may submit1 and the ,secretary of ,commerce may approve1 for a mixed-use fishery that is managed under a limited access system1 a limited access privilege program if such program was part of a pending fishery management plan or plan amendment before the date of enactment of this ,act4 7#c7 ,mandatory review ,a ,council that approves a limited access privilege program under paragraph 7#b7 shall1 upon issuance of the report required under subparagraph 7a71 review and1 to the extent practicable1 revise the limited access privilege program to be consistent with the recommendations of the report or any subsequent statutory or regulatory requirements designed to implement the recommendations of the report4 7#d7 ,rule of construction ,nothing in this section may be construed to affect a limited access privilege program approved by the ,secretary of ,commerce before the date of enactment of this ,act4 #bjg4 ,cooperative data collection 7a7 ,improving data collection and analysis ,section #djd 7#af ,u4,s4,c4 #ahha;c7 is amended by adding at the end the following3 7f7 ,improving data collection and analysis 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop1 in consultation with the science and statistical committees of the ,councils established under section #cjb7;g7 and the ,marine ,fisheries ,commissions1 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 agencies and nongovernmental sources described in paragraph 7#b7 into fisheries management decisions4 7#b7 ,nongovernmental sources ,nongovernmental sources referred to in paragraph 7#a7 include the following3 7,a7 ,fishermen4 7,b7 ,fishing communities4 7,c7 ,universities4 7,d7 ,research and philanthropic institutions4 7#c7 ,content ,in developing the report under paragraph 7#a71 the ,secretary shall-- 7,a7 identify types of data and analysis1 especially concerning recreational fishing1 that can be reliably used for purposes of this ,act 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 that data and analysis in stock assessments and surveys and for other purposes as determined by the ,secretary2 7,b7 provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments1 including whether such data and analysis could be provided by nongovernmental sources1 including fishermen1 fishing communities1 universities1 and research institutions2 7,c7 consider the extent to which it is possible to establish a registry of persons collecting or submitting the data and performing the analyses identified under subparagraphs 7,a7 and 7,b72 and 7,d7 consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable4 4 7b7 ,publication ,the ,secretary of ,commerce shall make available on the ,internet ,website of the ,national ,oceanic and ,atmospheric ,administration the report required under the amendment made by subsection 7a7 by not later than #a year after the date of the enactment of this ,act4 7c7 ,,nas report recommendations ,the ,secretary of ,commerce shall take into consideration and1 to the extent feasible1 implement the recommendations of the ,national ,academy of ,sciences in the report entitled ,review of the ,marine ,recreational ,information ,program 7#bjag71 including-- 7#a7 prioritizing the evaluation of electronic data collection1 including smartphone applications1 electronic diaries for prospective data collection1 and an ,internet website option for panel members or for the public2 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 limits2 and 7#c7 if the ,marine ,recreational ,information ,program is incompatible with the needs of in-season management of annual catch limits1 determining an alternative method for in-season management4 #bjh4 ,recreational fishing data ,section #dja7;g7 7#af ,u4,s4,c4 #ahha7;g77 is amended by redesignating paragraph 7#e7 as paragraph 7#f71 and by inserting after paragraph 7#d7 the following3 7#e7 ,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 ,state4 4 #bji4 ,miscellaneous amendments relating to fishery management councils 7a7 ,council ,jurisdiction for ,overlapping ,fisheries ,section #cjb7;a77#a7 7#af ,u4,s4,c4 #aheb7;a77#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 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 7d7 ,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 7e7 ,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 #baj4 ,northeast regional pilot research trawl survey and study 7a7 ,industry-,based pilot study ,within #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 in coordination with the relevant ,councils selected by the ,secretary and the ,northeast ,area ,monitoring and ,assessment ,program 7,,neamap71 develop a fishing industry-based ,northeast regional pilot research trawl survey and study to enhance and provide improvement to current ,national ,oceanic and ,atmospheric ,administration vessel trawl surveys4 7b7 ,components ,under the pilot survey and study-- 7#a7 the ,secretary-- 7,a7 may select fishing industry vessels to participate in the study by issuing a request for procurement2 7,b7 may use the ,,neamap ,southern ,new ,england_/,mid-,atlantic ,nearshore ,trawl ,survey as a model for the pilot survey2 and 7,c7 shall outfit participating vessels with a peer-reviewed net configuration2 and 7#b7 the selected ,councils shall1 in partnership with the ,national ,marine ,fisheries ,service ,northeast ,fisheries ,science ,center and the ,virginia ,institute of ,marine ,science1 collect data and evaluate discrepancies between fishing industry vessel data and ,national ,oceanic and ,atmospheric ,administration vessel data1 for #e years4 7c7 ,report ,upon completion of the pilot survey and study1 the ,secretary and the selected ,councils shall submit a detailed report on the results of the pilot survey and study to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 ,,iii ,healthy ,fisheries ,through ,better ,science #cja4 ,healthy fisheries through better science 7a7 ,definition of stock assessment ,section #c 7#af ,u4,s4,c4 #ahjb71 as amended by section #ajb7;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 #bjg7;a7 of this ,act1 is further amended by adding at the end the following3 7g7 ,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 institutions1 to the extent that use of such data would be consistent with the requirements in section #cja7;a77#b7 to base conservation and management measures on the best scientific information available4 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 section #djd7;g77#a7 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 #cjb4 ,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 7g77#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 #cjc4 ,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 #cjd4 ,exempted fishing permits 7a7 ,objections ,if the relevant ,council1 the ,interstate ,marine ,fisheries ,commission1 or the fish and wildlife agency of an affected ,state objects to the approval and issuance of an exempted fishing permit under section #fjj4gde of title #ej1 ,code of ,federal ,regulations1 or any successor regulation1 the ,regional ,administrator of the ,national ,marine ,fisheries ,service who issued such exempted fishing permit shall respond to such entity in writing detailing why such exempted fishing permit was issued4 7b7 #ab-,month finding ,at the end of the #ab-month period beginning on the date the exempted fishing permit is issued under section #fjj4gde of title #ej1 ,code of ,federal ,regulations1 or any successor regulation1 the ,council that prepared the fishery management plan1 or the ,secretary in the case of a fishery management plan prepared and implemented by the ,secretary1 shall review the exempted fishing permit and determine whether any unintended negative impacts have occurred that would warrant the discontinuation of the permit4 7c7 ,clarification ,the ,secretary may not issue an exempted fishing permit under section #fjj4gde of title #ej1 ,code of ,federal ,regulations1 or any successor regulation that-- 7#a7 establishes a limited access system as defined in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb72 7#b7 is consistent with section #cjc;,a of such ,act 7#af ,u4,s4,c4 #ahec;a72 or 7#c7 establishes a catch share program as defined in section #bjf7;a7 of this ,act4 7d7 ,savings provision ,except for subsection 7b71 nothing in this section may be construed to affect an exempted fishing permit approved under section #fjj4gde of title #ej1 ,code of ,federal ,regulations1 before the date of the enactment of this ,act4 #cje4 ,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 #a 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 including and all that follows and inserting the following3 8including-- 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 #cjf4 ,federal ,gulf of ,mexico red snapper management 7a7 ,in general ,section #djg 7#af ,u4,s4,c4 #ahhc7 is amended to read as follows3 #djg4 ,certification of ,state surveys 7a7 ,submission ,a ,gulf ,state that conducts a marine recreational fisheries statistical survey in the ,gulf of ,mexico to make catch estimates for red snapper landed in such ,state may submit such survey to the ,secretary for certification4 7b7 ,certification standards ,not later than #ij days after the date of enactment of the ,strengthening ,fishing ,communities and ,increasing ,flexibility in ,fisheries ,management ,act1 the ,secretary shall establish and provide the ,gulf ,states with standards for certifying ,state marine recreational fisheries statistical surveys that shall-- 7#a7 ensure that ,state marine recreational fisheries statistical surveys are appropriately pilot tested1 independently peer reviewed1 and endorsed for implementation by the reviewers2 7#b7 use designs consistent with accepted survey sampling practices2 and 7#c7 minimize the potential for bias and known sources of survey error4 7c7 ,certification 7#a7 ,in general ,the ,secretary shall make a certification or a denial of certification for any marine recreational fisheries statistical survey submitted under subsection 7a7 not later than the end of the #f-month period beginning on the date that the survey and information needed to evaluate the survey under the standards established under subsection 7b7 are submitted4 7#b7 ,timing ,in the case of a certification request from a ,gulf ,state1 the ,secretary shall begin evaluation of the request upon receipt of all information necessary to make a determination consistent with the standards set forth under subsection 7b74 7#c7 ,deemed certified ,a marine recreational fisheries statistical survey shall be deemed to be certified effective upon the expiration of the #f-month period described in paragraph 7#a7 if the ,secretary has not made a certification or denial of certification4 7d7 ,modification of surveys denied certification 7#a7 ,in general ,if a marine recreational fisheries statistical survey of a ,gulf ,state is denied certification under subsection 7c71 the ,secretary shall1 not later than #fj days after the date of the denial1 provide the ,gulf ,state a proposal for modifications to the survey4 7#b7 ,proposal ,a proposal provided to a ,gulf ,state for a survey under paragraph 7#a7-- 7,a7 shall be specific to the survey submitted by such ,gulf ,state and may not be construed to apply to any other ,gulf ,state2 7,b7 shall require revision to the fewest possible provisions of the survey2 and 7,c7 may not unduly burden the ability of such ,gulf ,state to revise the survey4 7#c7 ,modified survey 7,a7 ,authority to submit ,if a marine recreational fisheries statistical survey of a ,gulf ,state was denied certification under subsection 7c71 the ,gulf ,state may modify the survey and submit the modified survey to the ,secretary for certification or denial of certification4 7,b7 ,schedule ,the ,secretary shall make a certification or denial of certification for any modified survey not later than the end of the #cj-;day period beginning on the date the modified survey is submitted4 7,c7 ,deemed certified ,a modified survey is deemed to be certified effective upon the expiration of the period described in subparagraph 7,b7 if the ,secretary has not made a certification or denial of certification4 4 7b7 ,clerical amendment ,the table of contents in the first section is amended by striking the item relating to section #djg and inserting the following3 ,sec4 #djg4 ,certification of ,state surveys4 4 ,,iv ,strengthening ,fishing ,communities #dja4 ,estimation of cost of recovery from fishery resource disaster ,section #cab7;a77#a7 7#af ,u4,s4,c4 #ahfa;a7a77#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 #djb4 ,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 #djc4 ,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 #djd4 ,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 ,fishery ,management ,council4 7,b7 ,maximum percentage ,the percentage established by the ,north ,pacific ,fishery ,management ,council shall not exceed #bd percent of the pollock available to be harvested in the directed pollock fishery4 4 #dje4 ,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 #djf4 ,reallocation of certain unused harvest allocation 7a7 ,reallocation ,notwithstanding any other provision of law1 each year upon receipt by the ,secretary of ,commerce 7referred to in this section as the ,secretary7 of written notice from the allocation holder named in section #hjc of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii1 #af ,u4,s4,c4 #ahea note7 that such holder will not harvest all or a part of the allocation authorized pursuant to that ,act1 the ,secretary shall reallocate for that year the unused portion of such allocation to the ,bering ,sea subarea of the ,,bsai 7as defined in section #fgi4b of title #ej1 ,code of ,federal ,regulations7 and shall assign the reallocated unused portion of the allocation only to eligible vessels as described in subsection 7b77#a7 for harvest in the ,bering ,sea subarea of the ,,bsai1 consistent with any agreements as described in subsection 7c74 7b7 ,eligibility ,to receive reallocation 7#a7 ,in general ,only vessels defined in subsection 7a71 7b71 7c71 or 7e7 of section #bjh of the ,american ,fisheries ,act 7#af ,u4,s4,c4 #ahea note71 or any vessels authorized to replace such vessels1 may receive a reallocation described in subsection 7a74 7#b7 ,limitation on reallocations ,the ,secretary shall not reallocate the allocation described in subsection 7a7 in any year if such reallocation exceeds the annual catch limit for pollock in the ,bering ,sea subarea of the ,,bsai4 7#c7 ,calculations ,any amount of the reallocation described in subsection 7a7 shall not be used in the calculation of harvesting or processing excessive shares as described in section #baj7;e7 of the ,american ,fisheries ,act 7#af ,u4,s4,c4 #ahea note74 7#d7 ,conditions ,in any year1 the assignment1 transfer1 or reallocation shall not violate the requirements of section #bjf7;b7 of the ,american ,fisheries ,act 7title ,,ii of the division ,c of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #ahea note74 7c7 ,agreements 7#a7 ,in general ,each year1 the allocation holder named in section #hjc7;a7 of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii1 #af ,u4,s4,c4 #ahea note7 may establish one or more agreements with the owners of some or all of the eligible vessels as defined in subsection 7b77#a74 7#b7 ,requirements ,each agreement described in paragraph 7#a7-- 7,a7 shall specify those eligible vessels that may receive a reallocation and the amount of reallocation that such vessels may receive in accordance with subsection 7b77#b72 and 7,b7 may contain other requirements or compensation agreed to by the allocation holder named in section #hjc of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii1 #af ,u4,s4,c4 #ahea note7 and the owners of such eligible vessels1 provided such requirements or compensation are otherwise consistent with the ,american ,fisheries ,act 7#af ,u4,s4,c4 #ahea note71 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 and any other applicable law4 7d7 ,existing authority ,except for the measures required by this section1 nothing in this section shall be construed to limit the authority of the ,north ,pacific ,fishery ,management ,council or the ,secretary under the ,american ,fisheries ,act 7#af ,u4,s4,c4 #ahea note71 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 or other applicable law4 7e7 ,enforcement ,taking or processing any part of the allocation made by section #hjc of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii1 #af ,u4,s4,c4 #ahea note71 and reallocated under this section in a manner that is not consistent with the reallocation authorized by the ,secretary shall be considered in violation of section #cjg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheg7 and subject to the penalties and sanctions under section #cjh of such ,act 7#af ,u4,s4,c4 #aheh71 and subject to the forfeiture of any fish harvested or processed4 7f7 ,clarifications 7#a7 ,amendment ,subsection 7c7 of section #hjc of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii1 #af ,u4,s4,c4 #ahea note7 is amended by striking during the years #bjjd through #bjjh4 7#b7 ,purpose of reallocation ,consistent with subsection 7d7 of section #hjc of division ,b of the ,consolidated ,appropriations ,act1 #bjjd 7,public ,law #ajh-aii1 #af ,u4,s4,c4 #ahea note71 the reallocation of the unused portion of the allocation provided to the allocation holder named in subsection 7a7 of such section for harvest in the ,bering ,sea subarea of the ,,bsai is for the purposes of economic development in ,adak1 ,alaska pursuant to the requirements of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #djg4 ,community ,development ,quota ,program panel voting procedures ,section #cje7;i77#a77;,g77iv7 7#af ,u4,s4,c4 #ahee7;i77#a77;,g77iv77 is amended to read as follows3 7iv7 ,voting requirement ,the panel may act only by the affirmative vote of at least five of its members4 4 #djh4 ,prohibition on shark feeding off coast of ,florida ,section #cjg 7#af ,u4,s4,c4 #aheg7 is amended-- 7#a7 by striking ,it is unlawful-- and inserting the following3 7a7 ,in general ,it is unlawful-- 2 and 7#b7 by adding at the end the following3 7b7 ,prohibition on shark feeding off coast of ,florida 7#a7 ,in general ,it is unlawful-- 7,a7 for any diver to engage in shark feeding in covered waters2 and 7,b7 for any person to operate a vessel for hire for the purpose of carrying a passenger to a site if such person knew or should have known that the passenger intended1 at that site1 to be a diver-- 7i7 engaged in shark feeding in covered waters2 or 7ii7 engaged in observing shark feeding in covered waters4 7#b7 ,definitions ,for purposes of this subsection3 7,a7 ,covered waters ,the term covered waters means ,federal waters off the coast of ,florida4 7,b7 ,diver ,the term diver means a person who is wholly or partially submerged in covered water and is equipped with a face mask1 face mask and snorkel1 or underwater breathing apparatus4 7,c7 ,shark feeding ,the term shark feeding means-- 7i7 the introduction of food or any other substance into covered water for the purpose of feeding or attracting sharks2 or 7ii7 presenting food or any other substance to a shark for the purpose of feeding or attracting sharks4 7#c7 ,exception ,this subsection shall not apply to shark feeding conducted-- 7,a7 by a research institution1 university1 or government agency for research purposes2 or 7,b7 for the purpose of harvesting sharks4 4 #dji4 ,restoration of historically freshwater environment ,section #c7aj7 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 by inserting a comma after feeding2 and 7#b7 by inserting the following3 except that such term-- 7,a7 does not include an area that-- 7i7 was previously covered by land or a fresh water environment2 and 7ii7 is in a ,state where the average annual land loss of such ,state during the #bj years before the date of the enactment of the ,strengthening ,fishing ,communities and ,increasing ,flexibility in ,fisheries ,management ,act exceeds #aj square miles2 and 7,b7 does not apply with respect to a project undertaken by a ,state or local government with the purpose of restoration or protection of an area described in subparagraph 7,a74 4 ,v ,miscellaneous provisions #eja4 ,mitigation for impacts to submerged aquatic vegetation ,requirements to conserve or to provide compensatory mitigation for impacts to submerged aquatic vegetation under section #cje7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;b77 shall not apply when a non-,federal entity conducts maintenance dredging for an authorized ,federal navigation project on an inland waterway1 inlet1 or harbor located in ,north ,carolina1 ,south ,carolina1 ,georgia1 or ,florida pursuant to a permit issued under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 or section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc2 #cj ,stat4 #aaea1 chapter #dbe74 #ejb4 ,plan for electronic monitoring and reporting procedures for the ,northeast ,multispecies ,fishery ,the ,secretary1 acting through the ,national ,oceanic and ,atmospheric ,administration1 shall submit a plan to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate not less than #ahj days after the date of the enactment of this ,act that will establish fully operational electronic monitoring and reporting procedures for the ,northeast ,multispecies ,fishery by not later than ,september #cj1 #bjba4 ,the plan shall include the proposal of the ,national ,oceanic and ,atmospheric ,administration to cover vessel equipment and installation costs1 with daily1 half-day1 or quarter-day operational costs to be borne by the fishing vessels4 #ejc4 ,study of fees charged to lobster fishing industry ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,commerce1 acting through the ,national ,oceanic and ,atmospheric ,administration1 shall study and report to the ,congress on all fees imposed by such ,administration on the lobster fishing industry4 #ejd4 ,limitation on application of prohibition on ,atlantic striped bass fishing in ,block ,island ,sound transit zone ,any prohibition on fishing for ,atlantic striped bass in the ,exclusive ,economic ,zone of the ,united ,states imposed under ,executive ,order ,no4 #acddi or section #fig4g7;b7 of title #ej1 ,code of ,federal ,regulations1 shall not apply in the area described in section #fig4g7;b77#c7 of title #ej1 ,code of ,federal ,regulations1 commonly referred to as the ,block ,island ,sound transit zone4 #eje4 ,funding for monitoring implementation of ,northeast ,multispecies ,fishery ,management ,plan ,section #caa7;f77#d7 7#af ,u4,s4,c4 #ahfa7;f77#d77 is amended by striking pursuant to this section and all that follows through the end of the sentence and inserting to enforce and monitor 7including electronic monitoring7 implementation of that ,plan44 ,,vi ,reef ,assassin ,act #fja4 ,short title ,this title may be cited as the ,reef ,assassin ,act4 #fjb4 ,encouraging elimination of lionfish 7a7 ,in general ,title ,,iii of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea et seq47 is amended by adding at the end the following3 #cba4 ,encouraging elimination of lionfish 7a7 ,in general ,subject to the approval of an exempted fishing permit submitted by a participating ,state1 the ,secretary shall issue regulations under which a participating ,state may issue to an individual submitting lionfish taken in ,federal or ,state waters a tag authorizing the taking of a fish of a covered species in ,federal waters in addition to any other fish of that species the individual is authorized to take in ,federal waters4 7b7 ,requirements for issuance of tag ,the regulations shall require-- 7#a7 the submission of #ajj lionfish for each tag issued2 7#b7 that lionfish taken in ,state waters must be taken by an individual holding a valid license to engage in such fishing issued under the laws of such ,state2 and 7#c7 that each lionfish shall be submitted by removing the tail1 placing it in a resealable plastic bag1 and submitting such bag to a participating ,state before the tail has significantly deteriorated4 7c7 ,no limitation on number of tags ,the regulations shall not limit the number of tags that may be issued to an individual4 7d7 ,use of tags ,the regulations shall provide that a tag issued under the regulations-- 7#a7 shall be valid for the #e-year period beginning on the date it is issued2 7#b7 shall authorize only the recreational or commercial taking of a fish that complies with any size limit that otherwise applies to fishing for such fish in the waters in which it is taken2 7#c7 shall authorize such taking without regard to any seasonal limitation that otherwise applies to the species of fish taken2 7#d7 shall authorize-- 7,a7 the transfer of tags to any other person2 and 7,b7 use of transferred tags in the same manner as such tags may be used by the person to whom the tags were issued2 7#e7 shall require that any fish taken under such tag outside any seasonal limitation that otherwise applies to such fish must have the tag fastened between the mouth and gill before being placed in any cooler2 and 7#f7 shall only be utilized for species caught in the same water adjacent a ,state where the lionfish were originally caught4 7e7 ,approval of ,state ,to participate 7#a7 ,conditions ,the regulations shall require that as a condition of approving a ,state to issue tags under this section the ,secretary shall require the ,state to designate a repository for lionfish submitted for such tags4 7#b7 ,provision of freezer ,the ,secretary shall provide to each participating ,state freezers in which to store submitted lionfish1 at a cost of not more than #ejj for each freezer4 7f7 ,additional requirements ,the ,secretary shall-- 7#a7 encourage participating ,states to use existing infrastructure and staff or volunteers to conduct the ,state's program under this section2 7#b7 include on the webpage of the ,national ,marine ,fisheries ,service information about the program under this section2 and 7#c7 encourage ,state and local governments to work with retailers and distributors to advance the purchasing and consumption of lionfish4 7g7 ,other provisions not affected 7#a7 ,in general ,this section-- 7,a7 is intended to protect species of fish that are native to waters of the ,united ,states or the exclusive economic zone2 and 7,b7 shall not be construed to constrain any fishery1 fishing quota1 or fishing allocation4 7#b7 ,limitation on consideration of tags ,this section and tags issued or authorized to be issued under this section shall not be considered in any determination of fishing levels1 quotas1 or allocations4 7h7 ,definition ,in this section-- 7#a7 the term covered fish-- 7,a7 except as provided in subparagraph 7,b71 means red snapper1 gag grouper1 triggerfish1 amberjack2 and 7,b7 does not include any species included in a list of endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7#b7 the term participating ,state means a ,state that has applied and been approved by the ,secretary to issue tags under regulations under this section4 4 7b7 ,clerical amendment ,the table of contents in the first section of such ,act is amended by adding at the end of the items relating to title ,,iii the following3 ,sec4 #cja4 ,encouraging elimination of lionfish4 4 7c7 ,deadline for regulations ,the ,secretary of ,commerce shall issue regulations under the amendment made by subsection 7a7 by not later than #fj days after the approval of an exempted fishing permit submitted by a participating ,state4 7d7 ,restriction ,nothing in section #cba of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 as amended by this ,act1 shall be construed as to allow for the transfer of fisheries allocation or catch among the various ,states4