Fishing Quota Standards Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act (the Act) to require the Regional Fishery Management Councils and the Secretary of Commerce, when developing a limited access system for fisheries to achieve optimum yield (fishing quota system), to take into account, among other factors: (1) the conservation requirements of the Act with respect to fisheries; (2) the breadth of the present and historic participation in the fisheries; and (3) the fair and equitable distribution of the fisheries as a public resource.
Authorizes the establishment of a fishing quota system in a fishery management plan or amendment prepared by any Regional Fishery Management Council or the Secretary. Directs the Councils and Secretary to ensure that any such proposed system comply with certain requirements. Prohibits approval or implementation by the Secretary of any plan or amendment establishing such a system unless it has been approved by more than two-thirds of those voting in a referendum among eligible permit holders or crewmembers who derive a certain percentage of their annual income from the fishery.
Sets forth requirements for review committees established by each Council.
Establishes fees to be collected from persons that hold or transfer a quota share issued under a limited access system or an individual fishing quota program.
Directs the Secretary to issue regulations which establish certain requirements for fishing quota systems.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3278 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3278
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to establish requirements for fishing quota systems, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2005
Mr. Allen (for himself, Mr. Simmons, and Mr. Delahunt) introduced the
following bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to establish requirements for fishing quota systems, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fishing Quota Standards Act of
2005''.
SEC. 2. AMENDMENT REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to such section or other provision of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. DEFINITIONS.
Section 3 (16 U.S.C. 1802) is amended by adding at the end the
following:
``(48) The term `fishing quota system'--
``(A) means any limited access system that requires
a person to acquire a permit under this Act to harvest
fish in a fishery, that specifies a percentage of the
total allowable catch of a fishery that may be received
or held for exclusive use by the person or a definable
group of persons, during each fishing season for which
the permission is granted; and
``(B) includes any area or community quota program,
sector quota program, fishing cooperative program, or
individual fishing quota program.
``(49) The term `quota share' means a permit under a
fishing quota system to harvest a quantity of fish, expressed
as a percentage of the total allowable catch of a fishery that
may be received or held for exclusive use by a person, during
each fishing season for which the permission is granted.''.
SEC. 4. GENERAL REQUIREMENTS FOR LIMITED ACCESS SYSTEMS FOR FISHERIES.
(a) Conditions for Authority to Establish Limited Access Systems.--
Section 303(b)(6) (16 U.S.C. 1853(b)(6)) is amended by striking
subparagraphs (A) through (F) and inserting the following:
``(A) the conservation requirements of this Act
with respect to the fishery;
``(B) the breadth of the present and historic
participation in the fishery;
``(C) the economics of the fishery;
``(D) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(E) the fair and equitable distribution of a
fishery as a public trust resource; and
``(F) any other relevant considerations.''.
(b) Requirements for the Fishery.--Section 303(d) (16 U.S.C.
1853(d)) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (7), (8), and (9), respectively;
(3) by striking so much as precedes paragraph (7), as so
redesignated, and inserting the following:
``(d) Fishing Quota Systems.--
``(1) In general.--A fishery management plan or plan
amendment that establishes a fishing quota system for a fishery
after the date of the enactment of the Fishing Quota Standards
Act of 2005 shall--
``(A) include management measures designed to
ensure the sustainability of the fishery and provide
additional and substantial conservation benefits,
social benefits, and economic benefits to the fishery
and fishing communities;
``(B) be effective for a period of a fixed
duration, not to exceed 7 years;
``(C) provide for administration of the system by
the Secretary in accordance with the terms of the plan;
``(D) establish procedures for the Council having
authority over the fishery, or the Secretary in the
case of a fishery management plan developed by the
Secretary, to review the quota system at least 1 year
prior to the end of the effective period of the plan;
``(E) allocate, review, and limit or terminate
quota shares in accordance with this subsection;
``(F) provide a fair and equitable process to
appeal to the Secretary decisions made by a Council
on--
``(i) eligibility to participate in the
referendum required under this subsection and
eligibility to receive an allocation of quota
shares; and
``(ii) limitations, restrictions, and
revocations of quota shares;
``(G) minimize, to the maximum extent practicable,
negative social and economic impacts of the system on
local coastal communities including historic fishing
communities;
``(H) minimize geographic consolidation of the
fishery, including processing facilities;
``(I) ensure adequate enforcement, management, and
data collection, including the use of observers where
appropriate at a level of coverage that yields
statistically significant results; and
``(J) not require that quota shares be held by a
person engaged in personal-use fishing, including any
recreational or subsistence fishing, if the fishery
management plan designates a separate portion of the
total allowable catch for personal-use fishing.
``(2) Allocation of quota shares.--
``(A) In general.--The Council having authority
over the fishery shall make a fair and equitable
allocation of all, or a portion, of the total allowable
catch limit as quota shares among categories of vessels
and among fishing gear types or other appropriate
qualifiers. In allocating quota shares for a fishery,
the Council shall--
``(i) take into account present and
historic participation in the fishery;
``(ii) ensure that each quota share is held
only by individuals who are citizens of the
United States or permanent resident aliens;
``(iii) to the maximum extent practicable,
preserve the percentage of the total quota
shares available at the inception of the
program to vessels for which the quota share
holder is onboard during fishing operations;
``(iv) establish a mechanism to allow new
entrants into the fishery;
``(v) prevent any person from controlling
an excessive share of quota shares under a
fishing quota system and establish any other
limits, measures, or financial reporting
requirements necessary to prevent inequitable
concentration of quota shares and to prevent
significant adverse impacts on any person that
holds a permit authorizing fishing in the
fishery or fishing community; and
``(vi) create incentives in successive
allocations for fishermen who increase their
use of gear that more selectively captures
target species or increase protection of
essential fish habitat, by increasing the
allocation for those fishermen.
``(B) Transfer to family members.--(i) The
Secretary may allow the transfer of a quota share
allocated under subparagraph (A), on a case-by-case
basis, from the holder of the quota share to a member
of the holder's immediate family who would otherwise
not be eligible for quota share under the program, due
to death or disablement of the holder.
``(ii) The Secretary shall establish a simple and
expeditious process for such a transfer.
``(iii) The Secretary may allow such a transfer
only within the same category of vessel, fishing gear
type, or other appropriate qualifier to maintain a fair
and equitable allocation of quota shares.
``(C) Communities holding quotas.--The Council
having authority over the fishery may authorize
geographically discrete communities to hold quota
shares.
``(3) Termination or limitation of fishing quota system.--
``(A) In general.--A fishing quota system
established for a fishery may be limited or terminated
at any time in accordance with this paragraph if
necessary for the conservation and management of the
fishery, including if the quota system has been found
to have jeopardized the sustainability of the stock.
``(B) Procedure.--A fishing quota system may be
limited or terminated under this paragraph by--
``(i) the Council that has authority over
the fishery for which the system is
established, through a fishery management plan
or amendment;
``(ii) the Secretary, through repeal or
revocation in accordance with section 304(h) of
the fishery management plan that established
the system;
``(iii) the Secretary, in the case of any
fishing quota system established by a fishery
management plan developed or approved by the
Secretary; or
``(iv) the Secretary, if--
``(I) the Secretary finds that the
system is not meeting or exceeding the
requirements of the Act, including the
requirement under paragraph (1)(A) to
provide additional and substantial
conservation benefits; and
``(II) the Council or Secretary
does not make the changes necessary to
ensure compliance with this subsection.
``(C) Other authority of secretary not
diminished.--This paragraph does not diminish the
authority of the Secretary under any other provision of
this Act.
``(4) Termination, renewal, or limitation of quota
shares.--A quota share issued under a fishing quota system--
``(A) shall expire not later than 7 years after the
date it is issued;
``(B) may be renewed in accordance with the terms
of the plan and regulations issued by the Secretary or
the Council having authority over the fishery for which
it is issued, if, based on a review by the committee
established under paragraph (6), the fishing quota
system is meeting or exceeding the requirements of this
Act and the conservation and management requirements of
the fishery; and
``(C) may be modified, revoked, limited, or
reallocated if necessary for the fishing quota system
to meet or exceed the requirements of this Act and the
conservation and management requirements of the
fishery.
``(5) Referendum procedure.--
``(A) In general.--(i) A Council may submit a
fishery management plan or plan amendment that
establishes a fishing quota system only if the
submission of such plan or plan amendment is approved
in a referendum conducted in accordance with this
paragraph.
``(ii) The Secretary may prepare a fishery
management plan or plan amendment that establishes a
fishing quota system only if the development and
approval of such plan or plan amendment is approved in
a referendum conducted in accordance with this
paragraph.
``(B) Conduct.--The Secretary shall conduct the
referendum required under subparagraph (A). The
Secretary shall develop guidelines to determine
procedures to conduct such referendum in a fair and
equitable manner. Prior to the referendum, the
Secretary shall identify and notify all persons who are
eligible to vote in the referendum, and make available
to all such persons information concerning the
schedule, procedures, and eligibility requirements for
the referendum process and the proposed fishing quota
system.
``(C) Required vote.--Each referendum shall be
decided by the affirmative vote of a two-thirds
majority of the votes cast by persons who the Secretary
determines are eligible to vote in the referendum.
``(D) Eligibility to participate.--A person shall
be eligible to participate in a referendum under this
paragraph with respect to a fishery only if the
person--
``(i) holds a permit to fish in the
fishery; or
``(ii) is a crew member on a fishing vessel
who derives at least 30 percent of their annual
income from the fishery that would be subject
to the proposed fishing quota system and at
least 60 percent of their total annual income
from fishing.
``(6) Council program review committee.--
``(A) In general.--Each Council, upon deciding to
develop a fishing quota system for a fishery, shall
establish, maintain, and appoint members of a review
committee to make recommendations to the Council and
the Secretary for development, evaluation, and
necessary changes to such system to ensure that it
meets the requirements of this subsection.
``(B) Guidelines for members.--The Council, in
consultation with the Secretary, shall develop
guidelines that will ensure that review committee
members are qualified for appointment and are subject
to conflict of interest rules.
``(C) Selection of members.--The Council shall
select the members of each review committee from a list
of individuals submitted by the Secretary. The
Secretary may not submit the names of individuals to
the Council for appointment unless the Secretary has
determined that each such individual is qualified under
the guidelines developed under with subparagraph (B).
``(D) Appointments.--The members of a review
committee established by a Council under this paragraph
shall be appointed by the Council in such a manner as
to provide fair representation to all groups that would
be affected by a fishing quota system for a fishery,
including commercial, recreational, and subsistence
fishing interests, fishing communities, scientists, and
conservation organizations and other public interest
groups.
``(E) Restriction on voting.--A member of a review
committee established under this paragraph shall not
vote on any decision pertaining to a fishing quota
system under which the member holds a quota share or
will hold a quota share in the subsequent 5-year
period.
``(F) reviews and recommendations regarding
systems.--Each review committee shall, every 7 years,
review fishing quota systems, determine whether such
systems meet the requirements of this Act, and evaluate
whether each such system has improved management,
conservation, and safety in the fishery to which it
applies. Pursuant to such review, the committee shall
recommend to the Secretary and the Council any changes
to a fishing quota system necessary to ensure it meets
those requirements and standards of improvement
including revoking, limiting, or reallocating quota
shares.
``(G) Reports.--The Council shall transmit to the
Congress a report containing the results of each review
under subparagraph (F) within 90 days after the review
is completed.'';
(4) in paragraph (7)(A) (as so redesignated) by striking
``individual fishing quota programs'' and inserting ``a fishing
quota system'';
(5) in paragraph (7)(B) by striking ``individual fishing
quota programs'' and inserting ``fishing quota systems''; and
(6) by adding at the end the following:
``(11) Definitions.--For the purposes of this subsection--
``(A) the term `additional and substantial
conservation benefits to the fishery'--
``(i) except as provided in clause (ii),
means scientifically measurable conservation
benefits to the fishery at the time of
establishment of a fishing quota system, that
substantially--
``(I) avoid bycatch and minimize
the mortality of unavoidable bycatch;
``(II) prevent highgrading;
``(III) reduce overfishing
(including localized depletions) and
rebuild overfished stocks; and
``(IV) protect essential fish
habitat; or
``(ii) if it is not possible to directly
measure conservation benefits, means actions
taken under a fishing quota system that are
considered necessary to provide such benefits;
``(B) the term `control' means owns, leases, or
otherwise directs fishing operations under a fishing
quota system;
``(C) the term `excessive share' means more than 1
percent of the total allowable catch in a fishery,
except that a Council may increase such percentage--
``(i) to no more that 5 percent, if the
Council can demonstrate that such an increase
will not be detrimental to other individual
holders of quota shares under a fishing quota
system;
``(ii) to no more that 15 percent, if there
are an average of 20 or fewer participants in
the fishery during the 3-year period prior to
the implementation of the control date for the
fishing quota system or, if there is no control
date, from the date of implementation of the
fishing quota system, and the Council can
demonstrate that such an increase will not be
detrimental to other individual holders of
quota shares under the system; or
``(iii) to greater than 15 percent, if
there are an average of less than 7
participants in the fishery during the 3-year
period prior to the implementation of the
control date for the fishing quota system or,
if there is no control date, from the date of
implementation of the fishing quota system, and
the Council can demonstrate that such an
increase will not be detrimental to other
individual holders of quota shares under the
system; and
``(D) the term `fair and equitable allocation'
means initial and subsequent allocation of quota shares
based on multiple criteria that provide for
consideration of--
``(i) conservation performance, including
the use of selective fishing practices that
have minimal bycatch, prevent highgrading, and
have minimal adverse impacts on essential fish
habitat;
``(ii) owner-operators of fishing vessels;
and
``(iii) long-term participation in the
fishery.''.
SEC. 5. ACTION BY SECRETARY.
(a) Establishment of Fees.--Section 304 (16 U.S.C. 1854) is
amended--
(1) in subsection (c)(3) by striking ``individual fishing
quota program'' and inserting ``fishing quota system'';
(2) in subsection (d)(2)--
(A) by striking ``(A)'';
(B) by striking ``of any--'' and all that follows
through ``community'' and inserting ``of any
community''; and
(C) by striking subparagraph (B);
(3) by adding at the end of subsection (d) the following:
``(3)(A) Notwithstanding paragraph (1), the Secretary shall
establish and collect from a person that holds or transfers a quota
share issued under section 303(d)(2) fees established by the Secretary
in accordance with this section and section 9701(b) of title 31, United
States Code.
``(B) The fees required to be established and collected by the
Secretary under this paragraph are the following:
``(i) With respect to any initial allocation under a
limited access system established after the date of the
enactment of the Fishing Quota Standards Act of 2005, an
initial allocation fee that shall be collected from the person
to whom the quota share is first issued.
``(ii) An annual fee that shall be collected from the
holder of the quota share, and that is a percentage of the ex-
vessel value of fish authorized to be landed in one year under
the quota share.
``(iii) A transfer fee that shall be collected from a
person who transfers the quota share to another person.
``(C) In determining the amount of a fee under subparagraph (B),
the Secretary shall ensure that the total amount collected from all
holders of quota shares in a fishery subject to a fishing quota system
is sufficient to recover direct costs related to administering and
implementing the fishing quota system, including enforcement,
management, and collection of ecological and socio-economic data
(including adequate observer coverage).
``(D) The Secretary, in consultation with the Councils, shall
promulgate regulations prescribing the method of determining under this
paragraph the ex-vessel value of fish authorized to be landed under a
quota share, the amount of fees, and the method of collecting fees.
``(E) Fees collected under subparagraph (B)(ii) from holders of
quota shares in a fishery shall be an offsetting collection and shall
be available to the Secretary only for the purposes of administering
and implementing this Act with respect to that fishery.''.
(b) Action on Limited Access Systems.--Section 304 (16 U.S.C. 1854)
is amended by adding at the end the following:
``(i) Action on Limited Access Systems.--
``(1) Requirement for approval of plan.--The Secretary may
not approve a fishery management plan that establishes a
fishing quota system unless the plan complies with section
303(d).
``(2) Regulations.--The Secretary shall issue regulations
that establish requirements for establishing a fishing quota
system. The regulations shall--
``(A) specify factors that shall be considered by a
Council in determining whether a fishery should be
managed under a fishing quota system;
``(B) ensure that any fishing quota system is
consistent with the requirements of section 303(d);
``(C) require the collection of fees in accordance
with subsection (d)(3) of this section;
``(D) provide for appropriate penalties for
violations of regulations governing fishing quota
systems, including the revocation of quota shares for
such violations; and
``(E) establish a central lien registry system for
the identification, perfection, and determination of
lien priorities, and nonjudicial foreclosure of
encumbrances, on fishing quotas.''.
SEC. 6. MISCELLANEOUS CONFORMING AMENDMENTS.
(a) Section 305.--Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is
amended by striking ``individual''.
(b) Section 402.--Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1(D)) is
amended by striking ``individual fishing quota program'' and inserting
``fishing quota system''.
(c) Section 407.--Section 407 (16 U.S.C. 1883) is amended--
(1) in subsection (a)(1)(D) by striking ``individual
fishing quota program'' and inserting ``fishing quota system'';
and
(2) in subsection (c)(1) by striking ``individual fishing
quota program'' and inserting ``fishing quota system''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Sponsor introductory remarks on measure. (CR E1498)
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from Commerce.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line