HR 2772 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2772CommentsClose CommentsPermalink

To amend the Magnuson-Stevens Fishery Conservation and Management Act to permit eligible fishermen to approve certain limited access privilege programs, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

August 1, 2011CommentsClose CommentsPermalink

Mr. RUNYAN (for himself, Mr. JONES, and Ms. ROS-LEHTINEN) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Magnuson-Stevens Fishery Conservation and Management Act to permit eligible fishermen to approve certain limited access privilege programs, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Saving Fishing Jobs Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.

(a) Eligibility To Sign Petition- Section 303A(c)(6)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(B)) is amended by striking ‘For multispecies permits’ and all that follows through ‘this subparagraph’.CommentsClose CommentsPermalink





(b) Initiation by Eligible Fishermen Under Certain Councils- Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as follows:CommentsClose CommentsPermalink





‘(D) NEW ENGLAND, MID-ATLANTIC, SOUTH ATLANTIC, AND GULF INITIATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, a fishery management plan or an amendment to a fishery management plan that would establish a limited access privilege program to harvest fish may not take effect unless--CommentsClose CommentsPermalink





‘(I) a petition requesting development of such program is submitted in accordance with clause (ii) and certified under clause (iii);CommentsClose CommentsPermalink





‘(II) the Council makes available to eligible fishermen an estimate of the amount of the fee that would be collected under section 304(d)(2) if such program were established; andCommentsClose CommentsPermalink





‘(III) not earlier than 90 days after the estimate required under subclause (II) has been made available, the proposed plan or amendment is approved by a vote of two-thirds of eligible fishermen in the fishery for which the program would be established.CommentsClose CommentsPermalink





‘(ii) PETITION- A group of fishermen constituting more than 50 percent of eligible fishermen in a fishery may submit a petition to the Secretary requesting the development of a limited access privilege program for the fishery. Any such petition shall clearly state the fishery to which the limited access privilege program would apply.CommentsClose CommentsPermalink





‘(iii) CERTIFICATION BY SECRETARY- Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition are those of more than 50 percent of eligible fishermen in the fishery for which the program would be established, the Secretary shall certify the petition.CommentsClose CommentsPermalink





‘(iv) DEFINITION OF ELIGIBLE FISHERMEN- For purposes of this subparagraph, the term ‘eligible fishermen’ means holders of permits issued under a fishery management plan.’.CommentsClose CommentsPermalink

SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.

Section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Termination-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall terminate a limited access privilege program established after the date of the enactment of the Saving Fishing Jobs Act of 2011 for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, on the first date on which the Secretary determines that the number of eligible fishermen in the fishery in a year is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established.CommentsClose CommentsPermalink





‘(2) DEFINITION OF ELIGIBLE FISHERMEN- In this subsection, the term ‘eligible fishermen’ has the meaning given the term in subsection (c)(6)(D)(iv).’.CommentsClose CommentsPermalink

SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS.

Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(D) In the case of a fee collected under subparagraph (A) for a limited access privilege program established under section 303A(c)(6)(D) after the date of the enactment of the Saving Fishing Jobs Act of 2011--CommentsClose CommentsPermalink





‘(i) the fee shall be in an amount sufficient to recover all costs of such program, including observer costs; andCommentsClose CommentsPermalink





‘(ii) the 3-percent limitation in subparagraph (B) shall not apply with respect to such fee.’.CommentsClose CommentsPermalink