,,ii #aaith ,,congress #ast ,session ,s4 #ajgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjbe,mr4 ,wicker 7for himself1 ,ms4 ,baldwin1 and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish the ,mississippi ,river ,basin ,fishery ,commission1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,mississippi ,river ,basin ,fishery ,commission ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,establishment of ,mississippi ,river ,basin ,fishery ,commission4,sec4 #e4 ,commission governance4,sec4 #f4 ,commission management duties4,sec4 #g4 ,commission grant program4,sec4 #h4 ,nonbinding authority4,sec4 #i4 ,withdrawal from the ,commission4,sec4 #aj4 ,report to ,congress4,sec4 #aa4 ,appropriations4 #b4 ,findings ,congress finds the following3 7#a7 ,management of the inland fishery resources of the ,mississippi ,river ,basin are shared by #ca ,states1 multiple ,federal agencies1 and #b ,canadian provinces4 7#b7 ,the ,mississippi ,river ,basin is the fourth largest watershed in the world1 and the largest watershed in the ,nation1 draining all or part of #ca ,states and #b ,canadian provinces4 ,the watershed measures approximately #a1bjj1jjj square miles1 and covers #da percent of the continental ,united ,states4 7#c7 ,the ,mississippi ,river and its tributaries comprise #a of the largest and most valuable ecosystems in the world4 7#d7 ,the ,mississippi ,river ,basin supports economically and culturally significant subsistence1 commercial1 and recreational fisheries4 7#e7 ,states within the ,mississippi ,river ,basin have formed multiple regional interstate partnerships1 and #a basin-wide partnership1 to promote cooperation and communication among the conservation agencies to manage the interjurisdictional fishery resources of the basin4 ,twenty-eight ,mississippi ,river ,basin ,state fishery agencies1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,reclamation1 the ,united ,states ,geological ,survey1 the ,tennessee ,valley ,authority1 the ,chippewa-,cree ,tribe1 and the ,chickasaw ,nation ratified the ,mississippi ,interstate ,cooperative ,resource ,agreement in #aiij and formed the ,mississippi ,interstate ,cooperative ,resource ,association 7,,micra7 in #aiia to improve the management of interjurisdictional fishery resources in the basin4 7#f7 ,recognizing the economic1 ecologic1 and cultural value of the diverse interjurisdictional fishery resources in the ,mississippi ,river ,basin and the complexity and severity of issues facing resource management agencies1 ,congress acknowledges the need for the establishment of a ,mississippi ,river ,basin ,fishery ,commission for basin-wide1 inter-agency collaboration in the establishment of shared management objectives1 and the collaborative planning1 implementation1 and evaluation of management actions to provide for the long-term biologic and economic sustainability of interjurisdictional fishery resources in the basin4 7#g7 ,as long-term sustainability of interjurisdictional fishery resources is dependent on the control of aquatic invasive species within the ,mississippi ,river ,basin1 it is the further purpose of this ,commission to provide for coordinated1 inter-agency1 basin-wide management1 control1 and removal of invasive carps and other prioritized aquatic invasive species within the basin4 7#h7 ,by consent of ,congress1 and as directed by ,federal law under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and the ,interjurisdictional ,fisheries ,act of #aihf 7#af ,u4,s4,c4 #daja et seq471 sustainable fisheries within the ,united ,states coastal waters of the ,pacific1 ,atlantic1 and ,caribbean ,oceans1 and the ,gulf of ,mexico1 have been managed by multi-state commissions and fishery councils for many decades4 7#i7 ,the interjurisdictional and international fishery resources of the ,great ,lakes are cooperatively managed by the ,great ,lakes ,fishery ,commission1 operating through the #aied ,convention on ,great ,lake ,fisheries4 7#aj7 ,the ,mississippi ,river ,basin ,fishery ,commission will improve the management and utilization of sustainable interjurisdictional fisheries resources in the ,mississippi ,river ,basin through the development of a multi-agency program for the joint management and protection of such fisheries4 #c4 ,definitions ,in this ,act3 7#a7 ,aquatic invasive species ,the term aquatic invasive species means a nonindigenous species that threatens the diversity or abundance of native species in1 or the ecological stability of1 infested waters1 or commercial1 agricultural1 aquacultural1 or recreational activities dependent on such waters4 7#b7 ,commission ,the term ,commission means the ,mississippi ,river ,basin ,fishery ,commission established under section #d4 7#c7 ,director of fisheries ,the term director of fisheries means the individual in a ,state who is the highest designated officer in charge of fisheries management employed by the ,state1 regardless of the formal title of such individual4 7#d7 ,eligible entity ,the term eligible entity includes-- 7,a7 any political subdivision1 agency1 or department of a ,mississippi ,river ,basin ,state that regulates ,mississippi ,river ,basin fisheries2 7,b7 an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 or an entity controlled by an ,indian ,tribe that manages ,mississippi ,river ,basin fisheries2 7,c7 the ,united ,states ,geological ,survey2 7,d7 the ,united ,states ,fish and ,wildlife ,service3 7,e7 the ,united ,states ,army ,corps of ,engineers2 7,f7 the ,engineer ,research and ,development ,center of the ,united ,states ,army ,corps of ,engineers2 and 7,g7 the ,tennessee ,valley ,authority4 7#e7 ,fishery resource ,the term fishery resource means finfish1 mollusks1 crustaceans1 and any other form of animal or plant life1 other than mammals or birds4 7#f7 ,interjurisdictional fishery resource ,the term interjurisdictional fishery resource means-- 7,a7 a fishery resource located in a fishery in waters under the jurisdiction of #b or more ,mississippi ,river ,basin ,states2 7,b7 a fishery resource for which there exists an interstate fishery management plan2 or 7,c7 a fishery resource that migrates between the waters under the jurisdiction of #b or more ,mississippi ,river ,basin ,states4 7#g7 ,invasive carp ,the term invasive carp means an aquatic invasive species of finfish that-- 7,a7 originated in ,europe and ,asia2 7,b7 spread quickly once they are established in a body of water or waterway2 7,c7 cause serious damage to the native fish populations1 as well as economic and physical harm to humans2 and 7,d7 include the bighead carp1 black carp1 grass carp1 and silver carp4 7#h7 ,member entity ,the term member entity means an eligible entity that maintains an active membership in the ,commission4 7#i7 ,mississippi ,river ,basin ,state ,the term ,mississippi ,river ,basin ,state means a ,state whose borders include waters that drain into the ,mississippi ,river ,basin1 including ,alabama1 ,arkansas1 ,colorado1 ,georgia1 ,illinois1 ,indiana1 ,iowa1 ,kansas1 ,kentucky1 ,louisiana1 ,maryland1 ,michigan1 ,minnesota1 ,mississippi1 ,missouri1 ,montana1 ,nebraska1 ,new ,mexico1 ,new ,york1 ,north ,carolina1 ,north ,dakota1 ,ohio1 ,oklahoma1 ,pennsylvania1 ,south ,dakota1 ,tennessee1 ,texas1 ,virginia1 ,west ,virginia1 ,wisconsin1 and ,wyoming4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #d4 ,establishment of ,mississippi ,river ,basin ,fishery ,commission 7a7 ,in general ,there is established in the ,department of the ,interior the ,mississippi ,river ,basin ,fishery ,commission4 7b7 ,members of the ,commission ,any eligible entity may join the ,commission by notifying the executive director and existing members of the ,commission in writing of its intent to join the ,commission4 #e4 ,commission governance 7a7 ,voting delegates 7#a7 ,states ,with respect to each eligible entity described in section #c7d77;,a7 that joins the ,commission1 the director of fisheries of such eligible entity shall serve as the voting delegate to represent such entity's interests on the ,commission4 7#b7 ,federal agencies and indian tribes ,with respect to each eligible entity described in any of subparagraphs 7,b7 through 7,g7 of section #c7d7 that joins the ,commission1 such entity shall appoint #a individual to serve as the voting delegate to represent such entity's interests on the ,commission4 7b7 ,body corporate ,the ,commission shall be a body corporate with the powers and duties described in this ,act4 ,the member entities shall establish a governance structure for the ,commission4 7c7 ,executive director and staff ,the ,commission shall-- 7#a7 appoint a full-time executive director and staff as needed to carry out the administrative duties of the ,commission1 who shall-- 7,a7 provide advice to1 and carry out operational duties of1 the ,commission2 and 7,b7 have no voting rights on the ,commission2 and 7#b7 at its pleasure1 appoint1 remove1 or discharge such executive director and staff1 as may be needed1 and fix and determine their duties1 qualifications1 and compensation4 7d7 ,chair and vice chair ,the ,commission shall elect a ,chair and a ,vice ,chair of the ,commission from the member entities4 7e7 ,rules and regulations ,the ,commission shall adopt rules and regulations for the conduct of its business4 7f7 ,offices and meetings ,the ,commission-- 7#a7 may establish and maintain #a or more offices for the transaction of its business1 which shall be located within the ,mississippi ,river ,basin2 and 7#b7 may meet at any time or place but not less often than annually4 7g7 ,decision making ,the ,commission may make a recommendation or take an action regarding its general affairs only by an affirmative vote of a majority of the member entities4 ,the ,commission shall strive for unanimity in its decisions but shall operate by consensus in its decision making4 7h7 ,,faca not ,to apply ,chapter #aj of title #e1 ,united ,states ,code1 shall not apply to the ,commission4 #f4 ,commission management duties 7a7 ,overseeing sub-,basin fishery management 7#a7 ,in general ,the ,commission shall oversee the management plans and the implementation and evaluation of the effectiveness of management actions of the #f ,mississippi ,river sub-basins described in paragraph 7#b7 to provide for the long-term biologic and economic sustainability of interjurisdictional fisheries in the ,mississippi ,river ,basin4 7#b7 ,sub-basins ,the #f ,mississippi ,river sub-basins are the ,arkansas-,red-,white1 the ,lower ,mississippi1 the ,missouri1 the ,ohio1 the ,tennessee-,cumberland1 and the ,upper ,mississippi4 7b7 ,commission management plan 7#a7 ,in general ,as the framework for a management plan for the ,commission1 the ,commission shall adopt and use the ,,micra ,joint ,strategic ,plan for ,management of ,mississippi ,river ,fisheries1 which-- 7,a7 was adopted and approved by #bh ,states in the ,mississippi ,river ,basin2 and 7,b7 establishes a formal commitment to a set of strategic procedures for a coordinated1 inter-agency approach to cooperatively managing self-sustaining interjurisdictional fishery resources in the ,mississippi ,river ,basin4 7#b7 ,best methods1 practices1 and conditions ,the ,commission shall work to research and implement the best scientific methods1 best practices1 and best conditions to bring about the conservation and sustainable management of interjurisdictional fisheries in the ,mississippi ,river ,basin4 7#c7 ,strategies to control invasive species ,the ,commission shall-- 7,a7 develop and coordinate inter-agency and inter-basin strategies to prevent the introduction and control the abundance and spread of invasive carps and other prioritized aquatic invasive species within the ,mississippi ,river ,basin2 and 7,b7 draft and recommend to the appropriate management agencies strategies and approaches for dealing with the conservation of interjurisdictional fisheries and the management and control of aquatic invasive species within the ,mississippi ,river ,basin4 7#d7 ,consultation and advice ,the ,commission shall consult with and advise the pertinent administrative agencies party to the ,commission regarding problems connected with the fisheries in the ,mississippi ,river ,basin and recommend the adoption of such regulations as it determines advisable4 7#e7 ,reexamination and evaluation of joint strategic plan ,not later than #cj years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,secretary1 shall-- 7,a7 reexamine and evaluate the ,joint ,strategic ,plan described in paragraph 7#a7 to-- 7i7 determine which portions of the ,plan have been completed and which need updating2 and 7ii7 add new objectives1 if any1 to the ,plan2 and 7,b7 issue a report to ,congress on the status of interjurisdictional fishery populations and the state of the ongoing work to eradicate1 manage1 and control aquatic invasive species in the ,mississippi ,river ,basin in accordance with the management plan of the ,commission4 #g4 ,commission grant program 7a7 ,establishment of grant program ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,secretary1 shall establish-- 7#a7 a competitive grant program to award grants to entities to carry out an eligible project2 and 7#b7 a formula grant program to award grants to ,state member entities to carry out eligible interjurisdictional fisheries projects carried out in accordance with the recommendation of the ,commission or the ,joint ,strategic ,plan described in section #f7;b77#a74 7b7 ,entities eligible ,to receive grants ,the ,commission may provide-- 7#a7 formula grants and competitive grants to ,state member entities2 and 7#b7 competitive grants to private entities1 ,federal agencies1 nongovernmental organizations1 public and private institutions of higher education1 and partnerships between entities described in this subsection4 7c7 ,competitive grants 7#a7 ,applications ,an entity desiring a competitive grant under this section shall submit to the ,commission an application at such time1 in such manner1 and containing such information as the ,commission may require4 7#b7 ,priority for entities providing matching funds ,in awarding competitive grants under this section1 the ,commission shall give priority to entities that will provide matching funds from non-,federal sources of not less than #aj percent of the grant award1 which may be provided in cash or in-kind4 7d7 ,formula grant program ,the ,commission shall determine the amount that each ,state member entity shall receive annually under the formula grant program4 7e7 ,use of funds ,an entity that receives a grant under this section shall use the grant funds-- 7#a7 in the case of-- 7,a7 a competitive grant1 in accordance with the goals and objectives of the ,joint ,strategic ,plan described in section #f7;b77#a7 and each of the interjurisdictional fisheries management plans of the #f ,mississippi ,river sub-basins described in section #f7;a77#b72 and 7,b7 a formula grant1 to carry out eligible interjurisdictional fisheries projects carried out in accordance with the recommendation of the ,commission or the ,joint ,strategic ,plan described in section #f7;b77#a72 and 7#b7 only for projects1 research1 personnel1 work1 and programs located wholly or partially in a ,mississippi ,river ,basin ,state4 7f7 ,administrative costs ,an entity awarded a grant under this section may use not more than #e percent of the grant funds for administrative costs relating to the grant4 7g7 ,report requirements ,not later than #a year after the disbursement of grant funding under this section1 the ,chair of the ,commission shall submit to ,congress a report on-- 7#a7 the entities awarded grants under this section2 7#b7 the amount each such grant2 7#c7 how such entities used the grant awards2 and 7#d7 how such grant awards enhanced the management and sustainability of the interjurisdictional fisheries of the ,mississippi ,river ,basin4 #h4 ,nonbinding authority 7a7 ,in general ,the authority of the ,commission shall be nonbinding4 7b7 ,rule of construction ,nothing in this ,act shall be construed-- 7#a7 to limit the powers of any member entity that is a ,state to repeal or enact ,state laws2 7#b7 to limit the enforcement of any requirement by any member entity that is a ,state imposing additional conditions and restrictions to conserve its fisheries within the borders of the ,state2 or 7#c7 to impede1 supersede1 or alter the authority of the ,great ,lakes ,fishery ,commission1 ,states1 or ,indian tribes under the ,convention on ,great ,lakes ,fisheries between the ,united ,states of ,america and ,canada signed at ,washington1 ,september #aj1 #aied or the ,joint ,strategic ,plan for ,management of ,great ,lakes ,fisheries4 #i4 ,withdrawal from the ,commission ,a member entity that intends to withdraw from the ,commission shall submit a notice of intent to withdraw in writing not later than #f months before the date of the withdrawal to-- 7#a7 the ,commission2 and 7#b7 each of the other member entities of the ,commission4 #aj4 ,report to ,congress ,not later than ,september #a of each year after the date of enactment of this ,act1 the ,commission shall submit a report to ,congress which shall set forth the activities of the ,commission during the previous year4 #aa4 ,appropriations ,there are authorized to be appropriated-- 7#a7 #a1jjj1jjj for fiscal year #bjbf to carry out the initial administrative steps necessary to set up operations1 house1 and administer the ,commission2 7#b7 to carry out sections #f and #g-- 7,a7 #cj1jjj1jjj for each of fiscal years #bjbg through #bjca1 to remain available until expended2 and 7,b7 #ej1jjj1jjj for each of fiscal years #bjcb through #bjcf1 to remain available until expended2 and 7#c7 #ejj1jjj for each of fiscal years #bjbe through #bjce to the ,secretary of the ,interior for housing the ,commission1 to remain available until expended4