[House Report 115-786]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-786
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 200) TO AMEND THE
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT TO PROVIDE
FLEXIBILITY FOR FISHERY MANAGERS AND STABILITY FOR FISHERMEN, AND FOR
OTHER PURPOSES
_______
June 26, 2018.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Cheney, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 965]
The Committee on Rules, having had under consideration
House Resolution 965, by a record vote of 6 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 200, the
Strengthening Fishing Communities and Increasing Flexibility in
Fisheries Management Act, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution makes in order as original text for the purpose of
amendment the amendment in the nature of a substitute
recommended by the Committee on Natural Resources now printed
in the bill and provides that it shall be considered as read.
The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those amendments printed in this report. Each
such amendment may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 200, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 200 made in
order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 249
Motion by Mr. Woodall to report the rule. Adopted: 6-2
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ ............ Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ............
Mr. Collins..................................... ............ Mrs. Torres....................... ............
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Buck........................................ ............
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Young, Don (AK), Graves, Garret (LA): Strikes sections
302(c) and 307, and modifies sections 205, 207, 304, 306, 406,
and 408. The amendment also includes a new section regarding
voting procedures for the Western Alaska Community Development
Quota Program's administrative panel.
2. Courtney (CT), Zeldin (NY): Creates an industry-based
pilot trawl survey for the New England and Mid-Atlantic Fishery
Management Council regions. (10 minutes)
3. Langevin (RI), Cicilline (RI): Provides voting
representation for Rhode Island on the Mid-Atlantic Fishery
Management Council (MAFMC). (10 minutes)
4. Huffman (CA), Hastings, Alcee (FL): Ensures that
rebuilding plans are successful in rebuilding overfished fish
stocks. (10 minutes)
5. Frankel (FL), Webster (FL): Waives compensatory
mitigation requirements for maintenance dredging projects in
certain inland waterways, inlets, or harbors (10 minutes)
6. Graves, Garret (LA): Requires the Comptroller General to
submit a report to Congress on resource rent of LAPPs in the
Gulf of Mexico and South Atlantic Fishery Management Councils,
ways to the Treasury can reclaim that resource rent, and ways
to eliminate fiduciary conflicts of interest in the South
Atlantic and Gulf of Mexico Fishery Management Councils. (10
minutes)
7. Keating (MA): Directs the Secretary to submit a plan to
establish fully operational electronic monitoring and reporting
procedures for the Northeast Multispecies Fishery. (10 minutes)
8. Poliquin (ME): Requires NOAA to conduct a study on all
fees it charges the lobster industry and report those findings
to Congress. (10 minutes)
9. Zeldin (NY): Lifts the ban on striped bass fishing in
the Block Island transit zone between Montauk, NY and Block
Island, RI. (10 minutes)
10. Keating (MA): Directs the Secretary to use funds
collected from penalties and fines for monitoring in addition
to traditional enforcement activities. (10 minutes)
11. Gaetz (FL): Rewards the elimination of lionfish from
United States waters by allowing individuals to exchange
lionfish for tags authorizing fishing for certain species in
addition to the number of such species otherwise authorized to
be taken by such individuals. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
Page 17, strike lines 17 through 23 (and redesignate the
subsequent quoted clauses).
Page 23, strike lines 20 through 23 and insert the following:
(b) Publication.--The Secretary of Commerce shall make
available on the Internet Website of the National Oceanic and
Atmospheric Administration the report required under the
amendment made by subsection (a) by not later than 1 year after
the date of the enactment of this Act.
Beginning at page 31, strike line 23 and all that follows
through page 36, line 25.
Beginning at page 40, line 17, strike section 304 and insert
the following:
SEC. 304. EXEMPTED FISHING PERMITS.
(a) Objections.--If the relevant Council, the Interstate
Marine Fisheries Commission, or the fish and wildlife agency of
an affected State objects to the approval and issuance of an
exempted fishing permit under section 600.745 of title 50, Code
of Federal Regulations, or any successor regulation, the
Regional Administrator of the National Marine Fisheries Service
who issued such exempted fishing permit shall respond to such
entity in writing detailing why such exempted fishing permit
was issued.
(b) 12-month Finding.--At the end of the 12-month period
beginning on the date the exempted fishing permit is issued
under section 600.745 of title 50, Code of Federal Regulations,
or any successor regulation, the Council that prepared the
fishery management plan, or the Secretary in the case of a
fishery management plan prepared and implemented by the
Secretary, shall review the exempted fishing permit and
determine whether any unintended negative impacts have occurred
that would warrant the discontinuation of the permit.
(c) Clarification.--The Secretary may not issue an exempted
fishing permit under section 600.745 of title 50, Code of
Federal Regulations, or any successor regulation that--
(1) establishes a limited access system as defined in
section 3 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802);
(2) is consistent with section 303A of such Act (16
U.S.C. 1853a); or
(3) establishes a catch share program as defined in
section 206(a) of this Act.
(d) Savings Provision.--Except for subsection (b), nothing in
this section may be construed to affect an exempted fishing
permit approved under section 600.745 of title 50, Code of
Federal Regulations, before the date of the enactment of this
Act.
Beginning at page 44, line 1, strike section 306 and insert
the following:
SEC. __. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT.
(a) In General.--Section 407 (16 U.S.C. 1883) is amended to
read as follows:
``SEC. 407. CERTIFICATION OF STATE SURVEYS.
``(a) Submission.--A Gulf State that conducts a marine
recreational fisheries statistical survey in the Gulf of Mexico
to make catch estimates for red snapper landed in such State
may submit such survey to the Secretary for certification.
``(b) Certification Standards.--Not later than 90 days after
the date of enactment of the Strengthening Fishing Communities
and Increasing Flexibility in Fisheries Management Act, the
Secretary shall establish and provide the Gulf States with
standards for certifying State marine recreational fisheries
statistical surveys that shall--
``(1) ensure that State marine recreational fisheries
statistical surveys are appropriately pilot tested,
independently peer reviewed, and endorsed for
implementation by the reviewers;
``(2) use designs consistent with accepted survey
sampling practices; and
``(3) minimize the potential for bias and known
sources of survey error.
``(c) Certification.--
``(1) In general.--The Secretary shall make a
certification or a denial of certification for any
marine recreational fisheries statistical survey
submitted under subsection (a) not later than the end
of the 6-month period beginning on the date that the
survey and information needed to evaluate the survey
under the standards established under subsection (b)
are submitted.
``(2) Timing.--In the case of a certification request
from a Gulf State, the Secretary shall begin evaluation
of the request upon receipt of all information
necessary to make a determination consistent with the
standards set forth under subsection (b).
``(3) Deemed certified.--A marine recreational
fisheries statistical survey shall be deemed to be
certified effective upon the expiration of the 6-month
period described in paragraph (1) if the Secretary has
not made a certification or denial of certification.
``(d) Modification of Surveys Denied Certification.--
``(1) In general.--If a marine recreational fisheries
statistical survey of a Gulf State is denied
certification under subsection (c), the Secretary
shall, not later than 60 days after the date of the
denial, provide the Gulf State a proposal for
modifications to the survey.
``(2) Proposal.--A proposal provided to a Gulf State
for a survey under paragraph (1)--
``(A) shall be specific to the survey
submitted by such Gulf State and may not be
construed to apply to any other Gulf State;
``(B) shall require revision to the fewest
possible provisions of the survey; and
``(C) may not unduly burden the ability of
such Gulf State to revise the survey.
``(3) Modified survey.--
``(A) Authority to submit.--If a marine
recreational fisheries statistical survey of a
Gulf State was denied certification under
subsection (c), the Gulf State may modify the
survey and submit the modified survey to the
Secretary for certification or denial of
certification.
``(B) Schedule.--The Secretary shall make a
certification or denial of certification for
any modified survey not later than the end of
the 30-day period beginning on the date the
modified survey is submitted.
``(C) Deemed certified.--A modified survey is
deemed to be certified effective upon the
expiration of the period described in
subparagraph (B) if the Secretary has not made
a certification or denial of certification.''.
(b) Clerical Amendment.--The table of contents in the first
section is amended by striking the item relating to section 407
and inserting the following:
``Sec. 407. Certification of State surveys.''.
Beginning at page 48, line 13, strike section 307.
Beginning at page 52, at line 8, strike section 406 and
insert the following:
SEC. __. REALLOCATION OF CERTAIN UNUSED HARVEST ALLOCATION.
(a) Reallocation.--Notwithstanding any other provision of
law, each year upon receipt by the Secretary of Commerce
(referred to in this section as the ``Secretary'') of written
notice from the allocation holder named in section 803 of
division B of the Consolidated Appropriations Act, 2004 (Public
Law 108-199, 16 U.S.C. 1851 note) that such holder will not
harvest all or a part of the allocation authorized pursuant to
that Act, the Secretary shall reallocate for that year the
unused portion of such allocation to the Bering Sea subarea of
the BSAI (as defined in section 679.2 of title 50, Code of
Federal Regulations) and shall assign the reallocated unused
portion of the allocation only to eligible vessels as described
in subsection (b)(1) for harvest in the Bering Sea subarea of
the BSAI, consistent with any agreements as described in
subsection (c).
(b) Eligibility to Receive Reallocation.--
(1) In general.--Only vessels defined in subsection
(a), (b), (c), or (e) of section 208 of the American
Fisheries Act (16 U.S.C. 1851 note), or any vessels
authorized to replace such vessels, may receive a
reallocation described in subsection (a).
(2) Limitation on reallocations.--The Secretary shall
not reallocate the allocation described in subsection
(a) in any year if such reallocation exceeds the annual
catch limit for pollock in the Bering Sea subarea of
the BSAI.
(3) Calculations.--Any amount of the reallocation
described in subsection (a) shall not be used in the
calculation of harvesting or processing excessive
shares as described in section 210(e) of the American
Fisheries Act (16 U.S.C. 1851 note).
(4) Conditions.--In any year, the assignment,
transfer, or reallocation shall not violate the
requirements of section 206(b) of the American
Fisheries Act (title II of the division C of Public Law
105-277; 16 U.S.C. 1851 note).
(c) Agreements.--
(1) In general.--Each year, the allocation holder
named in section 803(a) of division B of the
Consolidated Appropriations Act, 2004 (Public Law 108-
199, 16 U.S.C. 1851 note) may establish one or more
agreements with the owners of some or all of the
eligible vessels as defined in subsection (b)(1).
(2) Requirements.--Each agreement described in
paragraph (1)--
(A) shall specify those eligible vessels that
may receive a reallocation and the amount of
reallocation that such vessels may receive in
accordance with subsection (b)(2); and
(B) may contain other requirements or
compensation agreed to by the allocation holder
named in section 803 of division B of the
Consolidated Appropriations Act, 2004 (Public
Law 108-199, 16 U.S.C. 1851 note) and the
owners of such eligible vessels, provided such
requirements or compensation are otherwise
consistent with the American Fisheries Act (16
U.S.C. 1851 note), the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.), and any other applicable law.
(d) Existing Authority.--Except for the measures required by
this section, nothing in this section shall be construed to
limit the authority of the North Pacific Fishery Management
Council or the Secretary under the American Fisheries Act (16
U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), or other
applicable law.
(e) Enforcement.--Taking or processing any part of the
allocation made by section 803 of division B of the
Consolidated Appropriations Act, 2004 (Public Law 108-199, 16
U.S.C. 1851 note), and reallocated under this section in a
manner that is not consistent with the reallocation authorized
by the Secretary shall be considered in violation of section
307 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1857) and subject to the penalties and sanctions
under section 308 of such Act (16 U.S.C. 1858), and subject to
the forfeiture of any fish harvested or processed.
(f) Clarifications.--
(1) Amendment.--Subsection (c) of section 803 of
division B of the Consolidated Appropriations Act, 2004
(Public Law 108-199, 16 U.S.C. 1851 note) is amended by
striking ``during the years 2004 through 2008''.
(2) Purpose of reallocation.--Consistent with
subsection (d) of section 803 of division B of the
Consolidated Appropriations Act, 2004 (Public Law 108-
199, 16 U.S.C. 1851 note), the reallocation of the
unused portion of the allocation provided to the
allocation holder named in subsection (a) of such
section for harvest in the Bering Sea subarea of the
BSAI is for the purposes of economic development in
Adak, Alaska pursuant to the requirements of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
Page 55, after line 4, insert the following (and redesignate
the subsequent sections accordingly):
SEC. __. COMMUNITY DEVELOPMENT QUOTA PROGRAM PANEL VOTING PROCEDURES.
Section 305(i)(1)(G)(iv) (16 U.S.C. 1855(i)(1)(G)(iv)) is
amended to read as follows:
``(iv) Voting requirement.--The panel
may act only by the affirmative vote of
5 of its members.''.
Beginning at page 57, line 1, strike section 408 and insert
the following:
SEC. __. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT.
Section 3(10) (16 U.S.C. 1802) is amended--
(1) by inserting a comma after ``feeding''; and
(2) by inserting the following: ``except that such
term--
``(A) does not include an area that--
``(i) was previously covered by land
or a fresh water environment; and
``(ii) is in a State where the
average annual land loss of such State
during the 20 years before the date of
the enactment of the Strengthening
Fishing Communities and Increasing
Flexibility in Fisheries Management Act
exceeds 10 square miles; and
``(B) does not apply with respect to a
project undertaken by a State or local
government with the purpose of restoration or
protection of an area described in subparagraph
(A).''.
----------
2. An Amendment To Be Offered by Representative Courtney of Connecticut
or His Designee, Debatable for 10 Minutes
At the end of title II add the following:
SEC. __. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY AND STUDY.
(a) Industry-based Pilot Study.--Within 1 year after the date
of the enactment of this Act, the Secretary of Commerce shall,
in coordination with the relevant Councils selected by the
Secretary and the Northeast Area Monitoring and Assessment
Program (NEAMAP), develop a fishing industry-based Northeast
regional pilot research trawl survey and study to enhance and
provide improvement to current National Oceanic and Atmospheric
Administration vessel trawl surveys.
(b) Components.--Under the pilot survey and study--
(1) the Secretary--
(A) may select fishing industry vessels to
participate in the study by issuing a request
for procurement;
(B) may use the NEAMAP Southern New England/
Mid-Atlantic Nearshore Trawl Survey as a model
for the pilot survey; and
(C) shall outfit participating vessels with a
peer-reviewed net configuration; and
(2) the selected Councils shall, in partnership with
the National Marine Fisheries Service Northeast
Fisheries Science Center and the Virginia Institute of
Marine Science, collect data and evaluate discrepancies
between fishing industry vessel data and National
Oceanic and Atmospheric Administration vessel data, for
5 years.
(b) Report.--Upon completion of the pilot survey and study,
the Secretary and the selected Councils shall submit a detailed
report on the results of the pilot survey and study to the
Committee on Natural Resources of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
----------
3. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of section 209 (page 27, after line 7) add the
following:
(f) Addition of Rhode Island to the Mid-Atlantic Fishery
Management Council.--Section 302(a)(1)(B) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(a)(1)(B)) is amended--
(1) by inserting ``Rhode Island,'' after ``States
of'';
(2) by inserting ``Rhode Island,'' after ``except
North Carolina,'';
(3) by striking ``21'' and inserting ``23''; and
(4) by striking ``13'' and inserting ``14''.
----------
4. An Amendment To Be Offered by Representative Huffman of California
or His Designee, Debatable for 10 Minutes
Page 37, strike lines 5 through 6 (and redesignate the
subsequent subparagraphs accordingly).
Page 38, after line 7, insert the following (and redesignate
the subsequent quoted subclauses accordingly):
``(IV) the new plan,
amendment, or proposed
regulation has at least a 75
percent chance of rebuilding
the overfished fishery within
the time limit proposed by the
Council, as calculated by the
scientific and statistical
committee of the Council with
jurisdiction over the fishery
pursuant to
section302(g)(1)(B);
----------
5. An Amendment To Be Offered by Representative Frankel of Florida or
Her Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. __. MITIGATION FOR IMPACTS TO SUBMERGED AQUATIC VEGETATION.
Requirements to conserve or to provide compensatory
mitigation for impacts to submerged aquatic vegetation under
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(b)) shall not apply when a non-
Federal entity conducts maintenance dredging for an authorized
Federal navigation project on an inland waterway, inlet, or
harbor located in North Carolina, South Carolina, Georgia, or
Florida pursuant to a permit issued under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) or section
10 of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 1151,
chapter 425).
----------
6. An Amendment To Be Offered by Representative Graves of Louisiana or
His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. __. REPORT ON LIMITED ACCESS PRIVILEGE PROGRAMS AND CONFLICTS OF
INTEREST WITH RESPECT TO GULF OF MEXICO AND SOUTH
ATLANTIC FISHERIES.
No later than 90 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit
to the Congress a report on--
(1) the resource rent of limited access privilege
programs in the Gulf of Mexico and the South Atlantic
Ocean;
(2) how to reclaim resource rent in the Gulf of
Mexico and the South Atlantic as revenue the United
States Treasury; and
(3) the fiduciary conflicts of interest in the Gulf
of Mexico Fishery Management Council and the South
Atlantic Fishery Management Council, and effective ways
to eliminate such conflicts.
----------
7. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. __. PLAN FOR ELECTRONIC MONITORING AND REPORTING PROCEDURES FOR
THE NORTHEAST MULTISPECIES FISHERY.
The Secretary, acting through the National Oceanic and
Atmospheric Administration, shall submit a plan to the
Committee on Natural Resources of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate not less than 180 days after the date of the
enactment of this Act that will establish fully operational
electronic monitoring and reporting procedures for the
Northeast Multispecies Fishery by not later than September 30,
2021. The plan shall include the proposal of the National
Oceanic and Atmospheric Administration to cover vessel
equipment and installation costs, with daily, half-day, or
quarter-day operational costs to be borne by the fishing
vessels.
----------
8. An Amendment To Be Offered by Representative Poliquin of Maine or
His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. _01. STUDY OF FEES CHARGED TO LOBSTER FISHING INDUSTRY.
Not later than 6 months after the date of the enactment of
this Act, the Secretary of Commerce, acting through the
National Oceanic and Atmospheric Administration, shall study
and report to the Congress on all fees imposed by such
Administration on the lobster fishing industry.
----------
9. An Amendment To Be Offered by Representative Zeldin of New York or
His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. _01. LIMITATION ON APPLICATION OF PROHIBITION ON ATLANTIC STRIPED
BASS FISHING IN BLOCK ISLAND SOUND TRANSIT ZONE.
Any prohibition on fishing for Atlantic striped bass in the
Exclusive Economic Zone of the United States imposed under
Executive Order 13449 or section 697.7(b) of title 50, Code of
Federal Regulations, shall not apply in the the area described
in section 697.7(b)(3) of title 50, Code of Federal
Regulations, commonly referred to as the Block Island Sound
transit zone.
----------
10. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. _01. FUNDING FOR MONITORING IMPLEMENTATION OF NORTHEAST
MULTISPECIES FISHERY MANAGEMENT PLAN.
Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by
striking ``pursuant to this section'' and all that follows
through the end of the sentence and inserting ``to enforce and
monitor (including electronic monitoring) implementation of
that Plan.''
----------
11. An Amendment To Be Offered by Representative Gaetz of Florida or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE V--REEF ASSASSIN ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Reef Assassin Act''.
SEC. 502. ENCOURAGING ELIMINATION OF LIONFISH.
(a) In General.--Title III of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1851 et seq.) is
amended by adding at the end the following:
``SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH.
``(a) In General.--The Secretary shall issue regulations
under which a participating State may issue to an individual
submitting lionfish taken in Federal or State waters a tag
authorizing the taking of a fish of a covered species in
Federal waters in addition to any other fish of that species
the individual is authorized to take in Federal waters.
``(b) Requirements for Issuance of Tag.--The regulations
shall require--
``(1) the submission of 100 lionfish for each tag
issued;
``(2) that lionfish taken in State waters must be
taken by an individual holding a valid license to
engage in such fishing issued under the laws of such
State; and
``(3) that each lionfish shall be submitted by
removing the tail, placing it in a resealable plastic
bag, and submitting such bag to a participating State
before the tail has significantly deteriorated.
``(c) No Limitation on Number of Tags.--The regulations shall
not limit the number of tags that may be issued to an
individual.
``(d) Use of Tags.--The regulations shall provide that a tag
issued under the regulations--
``(1) shall be valid for the 5-year period beginning
on the date it is issued;
``(2) shall authorize only the recreational or
commercial taking of a fish that complies with any size
limit that otherwise applies to fishing for such fish
in the waters in which it is taken;
``(3) shall authorize such taking without regard to
any seasonal limitation that otherwise applies to the
species of fish taken;
``(4) shall authorize--
``(A) the transfer of tags to any other
person; and
``(B) use of transferred tags in the same
manner as such tags may be used by the person
to whom the tags were issued; and
``(5) shall require that any fish taken under such
tag outside any seasonal limitation that otherwise
applies to such fish must have the tag fastened between
the mouth and gill before being placed in any cooler.
``(e) Approval of State To Participate.--
``(1) Conditions.--The regulations shall require that
as a condition of approving a State to issue tags under
this section the Secretary shall require the State to
designate a repository for lionfish submitted for such
tags.
``(2) Provision of freezer.--The Secretary shall
provide to each participating State freezers in which
to store submitted lionfish, at a cost of not more than
$500 for each freezer.
``(f) Additional Requirements.--The Secretary shall--
``(1) encourage participating States to use existing
infrastructure and staff or volunteers to conduct the
State's program under this section;
``(2) include on the webpage of the National Marine
Fisheries Service information about the program under
this section; and
``(3) encourage State and local governments to work
with retailers and distributors to advance the
purchasing and consumption of lionfish.
``(g) Other Provisions Not Affected.--
``(1) In general.--This section--
``(A) is intended to protect species of fish
that are native to waters of the United States
or the exclusive economic zone; and
``(B) shall not be construed to constrain any
fishery, fishing quota, or fishing allocation.
``(2) Limitation on consideration of tags.--This
section and tags issued or authorized to be issued
under this section shall not be considered in any
determination of fishing levels, quotas, or
allocations.
``(h) Definition.--In this section--
``(1) the term `covered fish'--
``(A) except as provided in subparagraph (B),
means red snapper, gag grouper, triggerfish,
amberjack; and
``(B) does not include any species included
in a list of endangered species or threatened
species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
``(2) the term `participating State' means a State
that has applied and been approved by the Secretary to
issue tags under regulations under this section.''.
(b) Clerical Amendment.--The table of contents in the first
section of such Act is amended by adding at the end of the
items relating to title III the following:
``Sec. 301. Encouraging elimination of lionfish.''.
(c) Deadline for Regulations.--The Secretary of Commerce
shall issue regulations under the amendment made by subsection
(a) by not later than 60 days after the date of the enactment
of this Act.
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