PROVISIONS OF H.R. 5018

2

SECTION 3: SCIENCE BASED IMPROVEMENTS TO MANAGEMENT

[303(a)]Page 3, lines 22-25, Page 4,

Page 5, lines 1-9• Paragraph 15 is added to provide for specifying

total allowable catch for each fishery that a TAC can be set for. TAC shall not exceed the catch level recommended by the SSC.

• Section 302(h), Council functions, is amended by paragraph (7) providing the Council shall adopt a TAC for each fishery that cannot exceed the SSC recommendations.

3

BEST SCIENTIFIC INFORMATION AVAILABLE [303(d)]

Page 5, lines 13-20

Provides Secretary will develop guidelines for Councils’ use in determining best scientific information available, based on guidelines developed by Ocean Studies Board of NRC.

4

SCIENTIFIC AND STATISTICAL COMMITTEE [302(g)]

Page 5, lines 21-24; Page 6

• Paragraph (B) provides SSC will recommend an ABC for each fishery, and report on stock status and sustainability of fishery.

• Paragraphs (C) and (D) provide SSC members will be federal, state, academic, and independent experts and the Secretary may pay a stipend to SSC members.

• Paragraph (E) provides the SSC will meet with Council to the extent practicable.

5

SCIENTIFIC RESEARCH PRIORITIES [302(h)]

Page 7, lines 1-15Paragraph (8) as added provides a Council shall develop in conjunction with the SSC multi-year research priorities for fisheries, habitats, and other areas that shall:

• Be for 5-year period• Updated as necessary• Submitted to NMFS to develop budget for each

region

6

COOPERATIVE RESEARCH [303(b)]

Page 7, lines 16-25; Page 8; Page 9, lines 1-5

• New paragraph (13) allows Councils to include provisions for cooperative research using recreational, commercial, and charter vessels.

• New paragraph (e) to [404(e)] allows the Secretary to conduct cooperative research using these vessels. Participants would not lose allocated fishing privileges (e.g. days at sea) by participating.

7

SECTION 408: REGIONAL STOCK ASSESSMENTS

Page 9, lines 9-24; Page 10, lines 1-20

The Secretary will conduct periodic stock assessments, subject to independent review, so the regulated community can provide input. The Secretary and Council shall establish a peer-review process that is transparent as possible.

8

AUTHORITY FOR VMSPage 11, lines 1-13

The Secretary may, if requested by a Council, require VMS.

9

RECREATIONAL CATCH DATA [402(f)]

Page 11, lines 17-24; Page 12, lines 1-23

• The Secretary will work with the state to obtain recreational fishery data to develop programs to obtain data for all federally managed fisheries.

• The Secretary may provide funding to the states from the $5 million allocated for that purpose.

10

CONFIDENTIALITY OF DATAPage 16, lines 3-13

Provides data from VMS and other electronic monitoring systems may be classified as confidential.

11

SOCIOECONOMIC DATA COLLECTION [402(g)]

Page 17, lines 19-25; Page 18, lines 1-6

Provides funds ($2 million) to Councils to collect socioeconomic

data on fishermen and communities.

12

MORE FREQUENT STOCK ASSESSMENTS

Page 18, lines 7-16

Secretary will determine need for such stock surveys and report to Congress.

13

COUNCIL APPOINTMENTS [302(B)]

Page 18, lines 17-25

Provides Governors may submit nominees from academia, public interest groups such as conservation organizations and seafood consuming public, provided they are qualified.

14

COUNCIL TRAINING PROGRAM [302] Page 20, lines 6-10, 15-17,

and 20-24

• Paragraph (H) provides that information will include that related to operation of recreational and commercial fisheries.

• Paragraph (2)(A) would include training for NMFS personnel.

• Paragraph (3) requires training of all Council members appointed after the date of this act.

15

DEVELOP ECOSYSTEM-BASED PLANS [303(G)]

Page 21, lines 1-9

Councils can develop measures that may encompass more than one fishery for the purpose of developing an ecosystem-based plan.

16

REQUIRE VMS [303(b)]Page 21, lines 10-16

VMS can be required by Councils

17

OBSERVER FUNDING [303(e)]Page 21, lines 17-24;

Page 22, lines 1-12

Observer programs for enforcement and data collection cost will be paid for by Secretary. Programs under LAP may be considered a cost to be recovered. For vessels required to have observers, the owners and operators shall not be liable for any sanction by the observer.

18

INCENTIVE [303(b)]Page 22, lines 13-25;

Page 23, lines 1-5

A Council may establish a system of incentives to reduce bycatch and seabird interaction, including bycatch quotas and to promote gear with low bycatch rates

19

MARINE PROTECTED AREAS (MPA)

Page 23, line 23; Page 24; Page 25, lines 1-7

• Paragraph (18) allows Councils to establish MPA that are closed or seasonally closed to fishing or to limit gear, impacts on spawning aggregation, and bycatch.

• Paragraph (16) requires MPA that creates any closure to be based on best science, provide a conservation benefit, be periodically reviewed for performance, be based on impact analysis of alternatives, including benefits and impacts to users, overall fishing activity, fishery science, and conservation.

20

SECTION 6: ECOSYSTEM MANAGEMENT

Page 28, lines 6-24; Pages 29, 30, and 31, lines 1-22

• Paragraph (8) provides it is the policy of the MSA to support and encourage understanding of species interactions and developments of ecosystem approach to fisheries that will lead to better stewardship and sustainability of fisheries and communities

• Paragraph 5 under 404(e) provides for research to determine interaction of species and develop an ecosystem approach to management.

(continued)

21

REGIONAL ECOSYSTEM RESEARCH [(406(f)]

The Secretary and Councils will complete study on state of knowledge for advancing ecosystem regional management systems that include information needed to understand ecosystems processes, interface with the stakeholders, and the effects of environmental variations.

(continued)

22

The Secretary and Councils will identify specific ecosystems within each region and develop research plan to address the data deficiencies

23

OBSERVER FUNDING [403(b)]Page 56, lines 19-25; Pages 57-

58, Page 59, lines 1-10The Secretary may establish funding program to cover cost of any fishery, including observers aboard boats or processor shops and cost of inputting data. Funds shall be deposited to Fishery Observers Fund and used only for the program from which the fees were collected.

The Treasury Secretary will invest the funds.

24

LAPs FEES [304(D)]Page 44, lines 16-25; Page 50,

Page 51, lines 1-16Provides for the following fees:

• An initial allocation fee of 1% exvessel value collections from person LAP is first issued to.

• An annual fee of 3% exvessel value.• A transfer fee of 1% exvessel value each

year. Fees must be commensurate with cost.

25

LAP PROGRAMSPage 14, lines 4-8

Provides the provisions of MSA 407(c) will apply for the Gulf in lieu of paragraph (C) on page 43, lines 12-21, which applies to other regions. This language may mean no other stock other than red snapper may have LAP programs.

26

REGULATION IN MARINE SANCTUARIES

Page 61, lines 1-20

Proposed regulations must meet national standards and be consistent with other provisions of this Act consistent with ecosystem-based plans.

27

SECTION 12: PROHIBITION ON SALE OF RECREATIONAL FISH

[307]Page 69, lines 13-21

A new prohibition is to sell, or purchase, any fish caught in recreational fishing

28

SECTION 409: GEAR GRANT PROGRAM

Page 66, lines 5-26; Page 67

Secretary will identify fisheries with most urgent bycatch and seabird problems and work with industry to develop new or modified gear. Such work will be funded by the Secretary from a $10 million annual allocation.

29

THIS COMPLETES THE PROVISIONS OF HR 5018