PROVISIONS OF H.R. 5051

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PROVISIONS OF H.R. 5051
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SECTION 3 FINDINGS DEFINITIONSPage 3, lines
18-19

• Paragraph (6) Finding Add to national program
  the following to protect the ecosystems
  associated with those fishery resources.
• Page 5, lines 1-4
• Define depleted as fishery the abundance of
  which is at or below a level that jeopardizes the
  capacity of fishery to produce MSY, i.e.,
  depleted replaces overfished.

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SECTION 101 CUMULATIVE IMPACTSPage 9, lines
16-23

• National Standards 301(a)
• In paragraph (1) insert commercial and
  recreational before fishing industry, so it
  provides 0Y for both sectors.
• In paragraph (8) insert by utilizing economic
  and social data and assessment methods based on
  the best economics and social information
  available, after fishing communities, so it
  provides the importance of fishery resources will
  be based on that information.

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REQUIRED CONTENTS OF PLANS 303(a)Page 9, lines
24-25 Page 10, lines 1-5

• In paragraph (a) insert analyze the likely
  effects, if any, including the cumulative
  economic and social impacts, of the conservation
  measures on, and possible mitigation measures for
  (participants and communities).

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SECTION 102 REGIONAL COUNCILSPage 11, lines
18-25 Page 12, lines 16-19 Page 13, lines 7-10

• Scientific and Statistical Committee (SSC) 302
  (g) (same as S.2012, except for)
• Paragraph (ii) provides SSC will have
  demonstrated expertise in fishery science,
  ecology or socioeconomics, and have no direct
  financial interest in any fishery.
• (continued)

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• Paragraph (F) would require SSC to attend all
  Council meetings.
• Paragraph (G) SSC would recommend annual catch
  limits to Secretary that are at or below OY.

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SECTION 102 REGIONAL COUNCILSPage 13, lines
13-21Page 14, lines 6-12 and 15-25Voting
Members 302 (b)(continued)

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• Paragraph (A) prohibits members serving who have
  violated any prohibitions resulting in a criminal
  penalty.
• Paragraph (B) adds to nominees that must be
  appointed members of the conservation interest
  sector and academic sector.
• Paragraph (3) which replaces the third sentence
  in 302 (b) (2) (c) the governors slate of
  nominees must have at least 2 representatives for
  each of the four types of candidates under (B)
  above. Paragraph 3 does not apply to the Gulf
  Council.

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COUNCIL TRAINING 302(B)Page 15, lines 17-18
Page 16, lines 16-22

• Paragraph (B) adds basic instruction in
  principals of ecology.
• Paragraph (2) (A) adds and members of public as
  resources allow.
• Paragraph (2) (B) adds providing training for
  existing Council members for updated scientific
  and regional issues.

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REQUIRED PROVISIONS OF FMPsPage 23, line 19

• Revise paragraph (10) to require specifying
  criteria for identifying when fishery is
  depleted or subject to overfishing.

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ACTION BY SECRETARY 304 (e) (4) (a) (i)Page
24, lines 4-14

• Paragraph (i) is modified by inserting not to
  exceed 1 year unless otherwise provided for by
  international agreement.
• Note this is followed by (ii) not to exceed 10
  years, unless dictated by biology of the stock
  and environmental conditions.

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PROPOSED REGULATIONS 303(c)Page 24, lines
22-25

• Paragraph (3) provides proposed regulations can
  be implemented for a fishery ecosystem plan (FEP)
  prepared by Councils.

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SECTION 106 ACTION BY SECRETARY 304Pages
47-51, and Page 52, lines 1-2

• Provides that the time periods for review and
  approval of the proposed amendments and for the
  proposed rules proceed concurrently. Since SFA
  these periods proceeded separately.

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ALTERNATIVE PROCEDURAL MECHANISMSPage 52, lines
3-25 Page 53, lines 1-22

• This language provides authority for Councils to
  develop framework procedures for implementing
  regulations

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RESPONSIBILITY OF SECRETARY 305(d)Page 54,
lines 15-25 Page 55, lines 1-3

Allows the Secretary to promulgate any regulation
under the Administrative Procedures Act necessary
to carry out his/her duties under the M-SFCMA.
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SECTION 11O TRANSITION TO SUSTAINABLE FISHERIES
312Page 63, lines 21-25 Page 64, lines 1-6

• Paragraph (D) provides that if a capacity
  reduction plan is consistent with a FMP, it will
  include measures that will prevent an increase in
  fishing capacity or effort in other fisheries.
  Such measures could include a moratorium on new
  entrants, restrictions on vessel upgrades, and
  other effort control measures.

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REPORT ON OVERCAPITALIZATIONPage 69, lines 8-24
Page 70, lines 1-16

• The Secretary will submit report to Congress
• Identifying the 20 fisheries with excess
  harvesting capacity, recommending measures to
  reduce such capacity.
• Recommending vessel buyout programs and sources
  funding

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SECTION 115 ECOSYSTEM MANAGEMENTPage 81, lines
1-25 Page 82 Page 83, lines 1-5

• The Secretary, with the Councils, will publish
  draft guidelines for ecosystem management and
  define ecosystem. Councils may prepare fishery
  ecosystem plans (FEPs), in coordination with
  state and federal agencies. Contents of FEPs will
  be consistent with guidelines and may contain
  measures appropriate to minimize affected
  fisheries, establish MPAs, manage fish capacity,
  and coordinate science and management activities
  with other agencies. Councils may jointly prepare
  FEPs.

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SECTION 118 COOPERATIVE RESTORATION
PROJECTS305 (B)Page 85, lines 12-24 Page
86, lines 1-21

• Add at end of Fish Habitat paragraphs (5) (A),
  (B), (C), and (D) Councils may enter cooperative
  agreement for enhancement of EFH, funded by
  Secretary at 75 of project cost.

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SECTION 120 FISHERY PERMITTING AND
REGISTRATIONPage 91, lines 4-24 Page 92, lines
1-5

• Provides for a uniform national permitting
  program to replace the current regional programs.

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SECTION 121 BYCATCHPage 92, lines 6-25 Page
93, lines 1-2

• Reporting Deletes current requirement for
  standardized reporting and requires standardized
  reporting 1 year after this Acts implementation.
• Charitable Donations Allows dead bycatch to be
  retained aboard vessels and donated. Councils can
  require observers or other means to assure the
  fish are donated.

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SECTION 133 NATIONAL PROGRAM TO ACHIEVE
SUSTAINABLE FISHERIESPage 91, lines 3-25 Pages
94-102, and Page 103, lines 1-13(continued)
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• This section proposes management of Atlantic
  highly migratory species cooperatively between
  Secretary and East Coast Councils. The Secretary,
  in cooperation with the Institute for
  Environmental Conflict Resolution will develop a
  program for a Sustainable Fisheries Management
  Plan.
• (continued)

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• Authorizes the Secretary to establish a National
  Task Force on Sustainable Fishery Capacity to
  provide guidance for development of this plan. If
  the Council(s) having jurisdiction fail to
  establish a task force within 2 years after the
  Secretary determines the fishery is overfished,
  the Secretary will establish the plan.

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SECTION 405 REBUILDING DEPLETED
FISHERIES304(e)Page 143, lines 3-25, Page
144, lines 1-14

• Paragraph (8) replaces paragraphs (2) thru (7)
  and provides if Secretary determines a stock is
  depleted or approaching that condition due to
  excessive international fishing pressure, the
  Secretary and Secretary of State will take
  appropriate action at the international level and
  within 1 year the Councils (or Secretary) will
  develop recommended actions to address the
  problem of international and domestic overfishing.

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This Concludes Recommendations on HR 5051