HR 3061 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3061CommentsClose CommentsPermalink

To amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized time period for rebuilding of certain overfished fisheries, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 23, 2011CommentsClose CommentsPermalink

Mr. PALLONE (for himself, Mr. JONES, Mr. ANDREWS, and Mr. FRANK of Massachusetts) 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 extend the authorized time period for rebuilding of certain overfished fisheries, 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 ‘Flexibility and Access in Rebuilding American Fisheries Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED FISHERIES.

Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(4)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4)(A)--CommentsClose CommentsPermalink





(A) in clause (I) by striking ‘possible’ and inserting ‘practicable’; andCommentsClose CommentsPermalink





(B) by amending clause (ii) to read as follows:CommentsClose CommentsPermalink





‘(ii) not exceed 10 years, except in cases where--CommentsClose CommentsPermalink





‘(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise;CommentsClose CommentsPermalink





‘(II) the Secretary determines that such 10-year period should be extended because the cause of the fishery decline is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities;CommentsClose CommentsPermalink





‘(III) the Secretary determines that such 10-year period should be extended to provide for the sustained participation of fishing communities or to minimize the economic impacts on such communities, provided that there is evidence that the stock of fish is on a positive rebuilding trend;CommentsClose CommentsPermalink





‘(IV) the Secretary determines that such 10-year period should be extended for one or more stocks of fish of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trend;CommentsClose CommentsPermalink





‘(V) the Secretary determines that such 10-year period should be extended because of a substantial change to the biomass rebuilding target for the stock of fish concerned after the rebuilding plan has taken effect; orCommentsClose CommentsPermalink





‘(VI) the Secretary determines that such 10-year period should be extended because the biomass rebuilding target exceeds the highest abundance of the stock of fish in the 25-year period preceding and there is evidence that the stock is on a positive rebuilding trend;’; orCommentsClose CommentsPermalink





(2) in paragraph (7), in the matter preceding subparagraph (A), by inserting after the first sentence the following: ‘In evaluating progress to end overfishing and to rebuild overfished stocks of fish, the Secretary shall review factors, other than commercial fishing and recreational fishing, that may contribute to a stock’s overfished status, such as commercial, residential, and industrial development of, or agricultural activity in, coastal areas and their impact on the marine environment, predator-prey relationships of target and related species, and other environmental and ecological changes to the marine conditions.’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) If the Secretary determines that extended rebuilding time is warranted under subclause (III), (IV), (V), or (VI) of paragraph (4)(A)(ii), the maximum time allowed for rebuilding the stock of fish concerned may not exceed the sum of the following time periods:CommentsClose CommentsPermalink





‘(A) The initial 10-year rebuilding period.CommentsClose CommentsPermalink





‘(B) The expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions.CommentsClose CommentsPermalink





‘(C) The mean generation time of the stock.CommentsClose CommentsPermalink





‘(9) In this subsection the term ‘on a positive rebuilding trend’ means that the biomass of the stock of fish has shown a substantial increase in abundance since the implementation of the rebuilding plan.’.CommentsClose CommentsPermalink

SEC. 3. COMMITTEE REPORTS.

(a) Report on Scientific and Statistical Committee Process- Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)(1)(B)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(B) Each’ and inserting ‘(B)(i) Each’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(ii) Each scientific and statistical committee shall submit to its Council each year a report on the process and information used in providing the scientific advice described in clause (i). The report shall include--CommentsClose CommentsPermalink





‘(I) an evaluation of the quality and quantity of the available scientific and biological information relating to such advice;CommentsClose CommentsPermalink





‘(II) a description of the quality of each stock assessment used to develop the committee’s recommendations;CommentsClose CommentsPermalink





‘(III) a description of the information used to develop the committee’s recommendations for acceptable biological catch;CommentsClose CommentsPermalink





‘(IV) a description of any uncertainty considered and incorporated into the committee’s recommendations;CommentsClose CommentsPermalink





‘(V) a justification of any variation between maximum sustainable yield and the committee’s recommendations for allowable biological catch;CommentsClose CommentsPermalink





‘(VI) a description of the social and economic impacts of the committee’s recommended management measures and whether such measures are consistent with the national standard set forth in section 301(a)(8); andCommentsClose CommentsPermalink





‘(VII) recommendations for--CommentsClose CommentsPermalink





‘(aa) decreasing the level of uncertainty in the committee’s recommendations;CommentsClose CommentsPermalink





‘(bb) improving the quality and quantity of available scientific and biological information; andCommentsClose CommentsPermalink





‘(cc) ensuring current and future consistency between management measures and the national standard set forth in section 301(a)(8).’.CommentsClose CommentsPermalink





(b) Publication of Committee Reports- Section 302(g)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(H) Each Council shall submit to the Secretary and shall make available to the public any reports or other information provided by its scientific and statistical committee.’.CommentsClose CommentsPermalink

SEC. 4. ANNUAL CATCH LIMITS.

(a) Consideration of Data on Recreational Fishermen- Section 303(a)(15) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(15)) is amended by striking ‘specifications, at a level’ and all that follows through ‘accountability.’ and inserting ‘specifications, that--’CommentsClose CommentsPermalink





‘(A) results in specification of such limits at a level such that overfishing does not occur in the fishery;CommentsClose CommentsPermalink





‘(B) requires the Council to consider any data collected pursuant to section 401(g) in determining such limits; andCommentsClose CommentsPermalink





‘(C) includes measures to ensure accountability.’.CommentsClose CommentsPermalink





(b) Authority To Suspend Annual Catch Limits- Section 304 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(j) Authority To Suspend Annual Catch Limits- The Secretary may suspend the application of annual catch limits to a fishery for any period in which the Secretary determines that--CommentsClose CommentsPermalink





‘(1) the fishery is not overfished or approaching a condition of being overfished;CommentsClose CommentsPermalink





‘(2) any stock of fish in the fishery previously affected by overfishing is rebuilt; andCommentsClose CommentsPermalink





‘(3) the scientific advice relating to such annual catch limits provided by the scientific and statistical committee of the Council with jurisdiction over the fishery is based on a level of uncertainty that is insufficient to ensure that the fishery management plan for the fishery is consistent with the national standard set forth in section 301(a)(8).’.CommentsClose CommentsPermalink

SEC. 5. FISHERY IMPACT STATEMENTS; ANNUAL IMPACT STATEMENTS.

(a) Impact on Coastal Businesses- Section 303(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(9)) is amended by--CommentsClose CommentsPermalink





(1) redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; andCommentsClose CommentsPermalink





(2) inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) coastal businesses that are dependent on the recreational and commercial fishing industries;’.CommentsClose CommentsPermalink





(b) Annual Impact Statement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 302(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (7)(C), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(B) by redesignating paragraph (8) as paragraph (9); andCommentsClose CommentsPermalink





(C) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink





‘(8) on an annual basis, prepare, in consultation with the Council’s fishing industry advisory committee, and submit to the Secretary an annual impact statement that contains--CommentsClose CommentsPermalink





‘(A) a description of whether each fishery management plan under the jurisdiction of the Council is having or is projected to have any adverse economic impact on recreational and commercial fishermen and other coastal businesses that are dependent on the fishery; andCommentsClose CommentsPermalink





‘(B) an estimate of the dollar amount of any such impact; and’.CommentsClose CommentsPermalink





(2) ACTION BY SECRETARY- Section 304 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854), as amended by section 3(b), is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Mitigation of Adverse Impact-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall take such actions as may be necessary to mitigate any adverse impacts identified in the annual impact statement submitted under section 302(h)(8).CommentsClose CommentsPermalink





‘(2) REPORT TO CONGRESS- The Secretary shall submit to Congress each year a report that includes--CommentsClose CommentsPermalink





‘(A) a description of the effects of any mitigation efforts implemented under this subsection during the previous year; andCommentsClose CommentsPermalink





‘(B) recommendations for the improvement of Federal fisheries programs to promote sustainable fisheries and economic vitality in recreational and commercial fishermen and other coastal businesses that are dependent on the fishery.’.CommentsClose CommentsPermalink

SEC. 6. STUDY ON RECREATIONAL FISHERIES DATA.

Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) STUDY ON PROGRAM IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the enactment of this paragraph, the Secretary shall enter into an agreement with the National Research Council of the National Academy of Sciences to study the implementation of the programs described in this section. The study shall--CommentsClose CommentsPermalink





‘(i) provide an updated assessment of recreational survey methods established or improved since the publication of the Council’s report Review of Recreational Fisheries Survey Methods (2006);CommentsClose CommentsPermalink





‘(ii) evaluate the extent to which the recommendations made in that report were implemented pursuant to paragraph (3)(B); andCommentsClose CommentsPermalink





‘(iii) examine any limitations of the Marine Recreational Fishery Statistics Survey and the Marine Recreational Information Program established under paragraph (1).CommentsClose CommentsPermalink





‘(B) REPORT- Not later than 1 year after entering into an agreement under subparagraph (A), the Secretary shall submit a report to Congress on the results of the study under subparagraph (A).’.CommentsClose CommentsPermalink