S 2184 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2184CommentsClose CommentsPermalink

To provide exclusive funding to support fisheries and the communities that rely upon them, to clear unnecessary regulatory burdens and streamline Federal fisheries management, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 12, 2012CommentsClose CommentsPermalink

Mr. KERRY (for himself, Ms. SNOWE, Mr. ROCKEFELLER, Mr. WHITEHOUSE, and Mr. BROWN of Massachusetts) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide exclusive funding to support fisheries and the communities that rely upon them, to clear unnecessary regulatory burdens and streamline Federal fisheries management, 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 ‘Fisheries Investment and Regulatory Relief Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

Section 2(a) of the Act of August 11, 1939 (commonly known as the ‘Saltonstall-Kennedy Act’) (15 U.S.C. 713c-3(a)), is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (1) as paragraph (2);CommentsClose CommentsPermalink





(2) by inserting before paragraph (2), as redesignated, the following:CommentsClose CommentsPermalink





‘(1) The term ‘fishery investment committee’ means a committee of a regional fishery management council established under subsection (c)(1).’;CommentsClose CommentsPermalink





(3) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;CommentsClose CommentsPermalink





(4) by inserting before paragraph (4), as redesignated, the following:CommentsClose CommentsPermalink





‘(3) The term ‘regional fishery investment plan’ means a plan developed by a fishery investment committee under subsection (c)(2).’; andCommentsClose CommentsPermalink





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





‘(8) The applicable definition under section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802), shall apply to any term used in this Act that is not defined under this subsection.’.CommentsClose CommentsPermalink

SEC. 3. REGIONAL FISHERIES INVESTMENT GRANT PROGRAM.

(a) Regional Fisheries Investment Grant Program and Fishery Investment Plans- Section 2 of the Act of August 11, 1939 (commonly known as the ‘Saltonstall-Kennedy Act’) (15 U.S.C. 713c-3), is amended by amending subsection (c) to read as follows:CommentsClose CommentsPermalink





‘(c) Strengthening Regional Fisheries Management-CommentsClose CommentsPermalink





‘(1) FISHERY INVESTMENT COMMITTEES-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT- Each Council shall establish and maintain, under the authority of section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)), a fishery investment committee. Each fishery investment committee shall be comprised of not more than 13 individuals.CommentsClose CommentsPermalink





‘(B) AUTHORITY- Each fishery investment committee shall--CommentsClose CommentsPermalink





‘(i) develop a regional fishery investment plan under subsection (c)(2);CommentsClose CommentsPermalink





‘(ii) review grant applications and projects to implement its regional fishery investment plan; andCommentsClose CommentsPermalink





‘(iii) make recommendations, based on its findings, to the Council on grant applications and projects to implement its regional fishery investment plan.CommentsClose CommentsPermalink





‘(C) MEMBERSHIP-CommentsClose CommentsPermalink





‘(i) QUALIFICATIONS- Each member of a fishery investment committee shall be an individual who, by reason of the individual’s occupational experience or other experience, scientific expertise, or training, is knowledgeable of the conservation and management of, or the commercial or recreational catch of, the fishery resources of the geographical area concerned.CommentsClose CommentsPermalink





‘(ii) NOMINATIONS- Each member of a fishery investment committee--CommentsClose CommentsPermalink





‘(I) shall be nominated and elected by the applicable Council during a public meeting of the Council;CommentsClose CommentsPermalink





‘(II) shall serve for a 3 year term; andCommentsClose CommentsPermalink





‘(III) may be re-elected for an additional 3 year consecutive term.CommentsClose CommentsPermalink





‘(iii) CONFLICTS OF INTEREST- A member of a fishery investment committee shall recuse himself or herself from considering any grant application that the member has a financial interest that would require disclosure under section 302(j)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)(2)).CommentsClose CommentsPermalink





‘(D) COMPOSITION- Each fishery investment committee shall be multi-disciplinary, reflect the geographic balance of the Council, and include at least 1 representative of--CommentsClose CommentsPermalink





‘(i) the commercial fishing community;CommentsClose CommentsPermalink





‘(ii) the private recreational angling community;CommentsClose CommentsPermalink





‘(iii) the for-profit charter fishing community;CommentsClose CommentsPermalink





‘(iv) the public interest in marine conservation who--CommentsClose CommentsPermalink





‘(I) does not derive an annual income from commercial or recreational fishing; andCommentsClose CommentsPermalink





‘(II) is not employed by any person who derives an annual income from commercial or recreational fishing;CommentsClose CommentsPermalink





‘(v) each State government in the region;CommentsClose CommentsPermalink





‘(vi) relevant interstate commissions;CommentsClose CommentsPermalink





‘(vii) federally recognized tribes, where applicable; andCommentsClose CommentsPermalink





‘(viii) research institutions.CommentsClose CommentsPermalink





‘(2) REGIONAL FISHERY INVESTMENT PLANS- Each fishery investment committee shall develop a regional fishery investment plan that identifies critical research, conservation, and management needs and corresponding actions to facilitate rebuilding and maintaining healthy fish populations and sustainable fisheries over a 5 year period. Each plan shall--CommentsClose CommentsPermalink





‘(A) be consistent with the current 5 year research priority plans developed under section 302(h)(7) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(7));CommentsClose CommentsPermalink





‘(B) include areas of investment that are critical for rebuilding and maintaining healthy United States fish populations and promoting sustainable fisheries, including--CommentsClose CommentsPermalink





‘(i) stock surveys, stock assessments and analysis, and cooperative fishery research, in conjunction with NOAA, involving fishery participants, academic institutions, and other interested parties;CommentsClose CommentsPermalink





‘(ii) efforts to improve the collection and accuracy of fishery catch data, including--CommentsClose CommentsPermalink





‘(I) expanding the use of, and research and development on, catch monitoring and reporting programs and technology, both at-sea and shoreside, including the use of electronic monitoring devices and satellite tracking systems; andCommentsClose CommentsPermalink





‘(II) improving data collection for recreational fisheries, including improvements to the Marine Recreational Fishery Statistics Survey in accordance with section 401(g)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881(g)(3));CommentsClose CommentsPermalink





‘(iii) analyzing the social and economic impacts of fishery management decisions;CommentsClose CommentsPermalink





‘(iv) providing financial assistance to, and investment in, fishermen and fishing communities through--CommentsClose CommentsPermalink





‘(I) fishing capacity reduction, including vessel, permit, and gear buybacks; andCommentsClose CommentsPermalink





‘(II) investment in permit banks or trusts and other entities, including community fishing associations and projects designed to help sustain fishery dependent communities and small-scale fisheries;CommentsClose CommentsPermalink





‘(v) development of methods or technologies to improve the quality and value of fish landed;CommentsClose CommentsPermalink





‘(vi) research and development of conservation engineering technologies and methods in both commercial and recreational fisheries; andCommentsClose CommentsPermalink





‘(vii) habitat restoration and protection;CommentsClose CommentsPermalink





‘(C) be revised by the regional fishery investment committee and approved by the Council at least once every 5 years;CommentsClose CommentsPermalink





‘(D) be submitted to the Secretary for review to ensure the plan is consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and this section;CommentsClose CommentsPermalink





‘(E) be published in the Federal Register and made available for public comment; andCommentsClose CommentsPermalink





‘(F) become effective not later than 60 days after the date of receipt unless the Secretary makes a negative consistency finding.CommentsClose CommentsPermalink





‘(3) NEGATIVE CONSISTENCY FINDING- If the Secretary makes a negative consistency finding under paragraph (2)(F), each portion of the plan that is the subject of the negative consistency finding shall not be effective until it is made consistent by the regional fishery investment committee and the Council.CommentsClose CommentsPermalink





‘(4) REGIONAL FISHERY INVESTMENT GRANT PROGRAM- Not later than 30 days after the date of enactment of the Fisheries Investment and Regulatory Relief Act of 2012, the Secretary shall establish an annual competitive grant program to provide funds for projects, activities, and research that advance the regional priorities that are included in the regional fishery investment plans.CommentsClose CommentsPermalink





‘(A) ELIGIBLE RECIPIENTS- State, Federal, regional, or private entities or persons shall be eligible for funding with preference given to public-private partnerships.CommentsClose CommentsPermalink





‘(B) AWARDS- The Secretary may only award a grant for a project, activity, or research that--CommentsClose CommentsPermalink





‘(i) implements regional fishery investment plans; andCommentsClose CommentsPermalink





‘(ii) has been recommended for funding by the respective regional fishery investment committee and approved by the Council.’.CommentsClose CommentsPermalink





(b) National Fisheries Investment Program- Section 2(d) of the Act of August 11, 1939 (commonly known as the ‘Saltonstall-Kennedy Act’) (15 U.S.C. 713c-3(d)), is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘research and development addressed to such aspects of United States fisheries (including, but not limited to, harvesting, processing, marketing, and associated infrastructures) if not adequately covered by projects assisted under subsection (c), as the Secretary deems appropriate’ and inserting ‘fisheries research and investment that supports rebuilding and maintaining healthy United States fish populations and promotes sustainable fisheries. The program shall address fisheries needs and problems described under subsection (e)(1)(B).’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘, after consultation with appropriate representatives of the fishing industry,’;CommentsClose CommentsPermalink





(B) by striking ‘Merchant Marine and Fisheries’ and inserting ‘Natural Resources’;CommentsClose CommentsPermalink





(C) in subparagraph (A), by striking ‘development goals and funding priorities under paragraph (1)’ and inserting ‘investment priorities’;CommentsClose CommentsPermalink





(D) in subparagraph (B), by striking ‘all pending projects assisted under subsection (c)’ and all that follows and inserting ‘the projects funded by the Secretary under this subsection; and’; andCommentsClose CommentsPermalink





(E) in subparagraph (C), by striking ‘each project assisted’ and all that follows and inserting ‘how well the project met the fisheries needs described in subsection (e)(1).’.CommentsClose CommentsPermalink





(c) Division of Resources- Section 2(e) of the Act of August 11, 1939 (commonly known as the ‘Saltonstall-Kennedy Act’) (15 U.S.C. 713c-3(e)), is amended--CommentsClose CommentsPermalink





(1) by striking ‘moneys’ each place it appears and inserting ‘monies’;CommentsClose CommentsPermalink





(2) by striking ‘purpose of promoting’ and inserting ‘purposes of investing in’;CommentsClose CommentsPermalink





(3) by inserting ‘or diverted’ following ‘shall be transferred’; andCommentsClose CommentsPermalink





(4) by striking subparagraph (A) and all the follows, and inserting the following:CommentsClose CommentsPermalink





‘(A) The Secretary shall allocate 70 percent of these funds available at the beginning of each fiscal year to the 8 Council regions and the Secretary in accordance with the following formula pursuant to subsection (c):CommentsClose CommentsPermalink





‘(i) One half allocated equally among the Council regions.CommentsClose CommentsPermalink





‘(ii) One half allocated proportionally among the Council regions based on the combined economic impact of commercial landings and recreational fishing in each region.CommentsClose CommentsPermalink





‘(B) 20 percent of these funds shall be available to the Secretary under subsection (d) for projects addressing fisheries needs and problems, as identified by the Secretary, as follows:CommentsClose CommentsPermalink





‘(i) Up to one fifth shall be allocated to, and apportioned as the Secretary deems appropriate among, the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, and the Pacific States Marine Fisheries Commission.CommentsClose CommentsPermalink





‘(ii) Up to one fifth shall be allocated to seafood promotion and sustainable certification efforts.CommentsClose CommentsPermalink





‘(iii) Up to one fifth shall be allocated to improve fisheries management through research, monitoring or evaluation, and modification of regulations and procedures.CommentsClose CommentsPermalink





‘(iv) Up to one fifth shall be allocated to fisheries disasters, and shoreside infrastructure and access needs.CommentsClose CommentsPermalink





‘(v) Up to one fifth shall be allocated to other special needs, including management of highly migratory species and international fisheries.CommentsClose CommentsPermalink





‘(C) Any amounts remaining after the annual fiscal year allocations made pursuant to subparagraph (B) shall remain available to the Secretary without fiscal year limitation for future such allocations.CommentsClose CommentsPermalink





‘(2) LIMITATION- Not more than 10 percent of these funds may be used to offset receipts for the National Oceanic and Atmospheric Administration’s Operations, Research, and Facilities account.CommentsClose CommentsPermalink





‘(3) ANNUAL NOTIFICATION- The Secretary shall notify annually each Council of funds available for grants in its region.CommentsClose CommentsPermalink





‘(4) ADMINISTRATIVE COSTS- Prior to the allocation of funds under paragraph (1), the Secretary--CommentsClose CommentsPermalink





‘(A) may reserve up to 3 percent of the funds available in a fiscal year for the administration of the grant program; andCommentsClose CommentsPermalink





‘(B) shall distribute 3 percent of the funds available in a fiscal year equally among each of the 8 Councils for the development and implementation of fishery investment plans and grant review.CommentsClose CommentsPermalink





‘(5) MAINTENANCE OF EFFORT- Except as provided in paragraph (2), the Secretary may not reduce or eliminate funding for any research, survey, monitoring, or assessment activities necessary to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) as a result of funding provided under this section.’.CommentsClose CommentsPermalink

SEC. 4. FOCUSING ASSETS FOR IMPROVED FISHERIES OUTCOMES.

Section 2(b) of the Act of August 11, 1939 (commonly known as the ‘Saltonstall-Kennedy Act’) (15 U.S.C. 713c-3(b)), is amended--CommentsClose CommentsPermalink





(1) by striking ‘(1)’;CommentsClose CommentsPermalink





(2) by striking ‘and ending on June 30, 1957,’;CommentsClose CommentsPermalink





(3) by striking ‘moneys’ the first place it appears and inserting ‘monies’; andCommentsClose CommentsPermalink





(4) by striking ‘shall be maintained in a separate fund only for’ and all that follows and inserting ‘and shall only be used for the purposes described under subsection (c).’.CommentsClose CommentsPermalink

SEC. 5. REGULATION AND PROCEDURE STREAMLINING.

(a) In General- For the 2 fiscal years following the date of enactment of this Act, the Secretary of Commerce shall use funds available under section 2(e)(2) of the Act of August 11, 1939 (commonly known as the ‘Saltonstall-Kennedy Act’) (15 U.S.C. 713c-3), to conduct a review of the regulations and procedures used to implement title III of the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 346).CommentsClose CommentsPermalink





(b) Review Requirements- The review under subsection (a) shall--CommentsClose CommentsPermalink





(1) identify redundant and inefficient regulations and procedures;CommentsClose CommentsPermalink





(2) make recommendations for streamlining such regulations and procedures, including recommendations to eliminate unnecessary paperwork, reduce bureaucratic restrictions, and speed the inclusion of new information into management decisions; andCommentsClose CommentsPermalink





(3) ensure that any recommended modifications to regulations or procedures are consistent with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and any other applicable law.CommentsClose CommentsPermalink

SEC. 6. PROMULGATION OF REGULATIONS.

Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement the requirements of this Act.CommentsClose CommentsPermalink