1. PROVISIONS OF H.R. 5051

2. SECTION 3: FINDINGS & DEFINITIONS Page 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.”

3. SECTION 101: CUMULATIVE IMPACTS Page 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.

4. 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).”

5. SECTION 102: REGIONAL COUNCILS Page 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)

6. 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.

7. SECTION 102: REGIONAL COUNCILS Page 13, lines 13-21; Page 14, lines 6-12 and Voting Members [302 (b)] (continued)

8. 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.

9. 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.”

10. REQUIRED PROVISIONS OF FMPs Page 23, line 19
Revise paragraph (10) to require specifying criteria for identifying when fishery “is depleted or subject to overfishing.”

11. 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.

12. 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.

13. SECTION 106: ACTION BY SECRETARY [304] Pages 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.

14. ALTERNATIVE PROCEDURAL MECHANISMS Page 52, lines 3-25; Page 53, lines 1-22
This language provides authority for Councils to develop framework procedures for implementing regulations

15. 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.

16. SECTION 11O: TRANSITION TO SUSTAINABLE FISHERIES [312] Page 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.

17. REPORT ON OVERCAPITALIZATION Page 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

18. SECTION 115: ECOSYSTEM MANAGEMENT Page 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.

19. SECTION 118: COOPERATIVE RESTORATION PROJECTS [305 (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.

20. SECTION 120: FISHERY PERMITTING AND REGISTRATION Page 91, lines 4-24; Page 92, lines 1-5
Provides for a uniform national permitting program to replace the current regional programs.

21. SECTION 121: BYCATCH Page 92, lines 6-25; Page 93, lines 1-2
Reporting: Deletes current requirement for standardized reporting and requires standardized reporting 1 year after this Act’s 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.

22. SECTION 133: NATIONAL PROGRAM TO ACHIEVE SUSTAINABLE FISHERIES Page 91, lines 3-25; Pages , and Page 103, lines (continued)

23. 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)

24. 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.

25. SECTION 405: REBUILDING DEPLETED FISHERIES [304(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.

26. This Concludes Recommendations on HR 5051