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S. 3087 (114th): American Fisheries Advisory Committee Act

The text of the bill below is as of Nov 17, 2016 (Reported by Senate Committee).


II

Calendar No. 674

114th CONGRESS

2d Session

S. 3087

[Report No. 114–379]

IN THE SENATE OF THE UNITED STATES

June 22, 2016

(for himself, Ms. Cantwell, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

November 17, 2016

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To establish the American Fisheries Advisory Committee to assist in the awarding of fisheries research and development grants and for other purposes.

1.

Short title

This Act may be cited as the American Fisheries Advisory Committee Act.

2.

American Fisheries Advisory Committee

(a)

Establishment

Section 2 of the Act of August 11, 1939 (15 U.S.C. 713c–3) is amended by adding at the end the following:

(f)

American Fisheries Advisory Committee

(1)

Definitions

In this subsection:

(A)

Committee

The term Committee means the American Fisheries Advisory Committee established under paragraph (2).

(B)

Marketing and promotion

The term marketing and promotion means an activity aimed at encouraging the consumption of seafood or expanding or maintaining commercial markets for seafood.

(C)

Processor

The term processor means any person in the business of preparing or packaging seafood (including seafood of the processor’s own harvesting) for sale.

(D)

Seafood

The term seafood means farm-raised and wild-caught fish or shellfish harvested in the United States or by a United States flagged vessel for human consumption.

(E)

Seafood industry

The term seafood industry means harvesters, marketers, growers, processors, and persons providing them with goods and services.

(2)

Establishment

Not later than 90 days after the date of the enactment of the American Fisheries Advisory Committee Act, the Secretary shall establish five regions within the American Fisheries Advisory Committee as follows:

(A)

Region 1 shall consist of Alaska, Hawaii, the Commonwealth of the Northern Mariana Islands, and the Territories of Guam and American Samoa.

(B)

Region 2 shall consist of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Michigan, Minnesota, Wisconsin, Illinois, Indiana, Ohio, and Pennsylvania.

(C)

Region 3 shall consist of Texas, Alabama, Louisiana, Mississippi, Florida, Puerto Rico, and territory of the Virgin Islands.

(D)

Region 4 shall consist of California, Washington, Oregon, and Idaho.

(E)

Region 5 shall consist of New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

(3)

Membership

The Committee shall be composed of the following members:

(A)

Regional representation

Each of the regions listed in subparagraphs (A) through (E) of paragraph (2) shall be represented on the Committee by two members—

(i)

who are appointed by the Secretary;

(ii)

who reside in a State or territory in the region that the member will represent;

(iii)

of which—

(I)

one shall have experience as a seafood harvester; and

(II)

one shall have experience as a processor; and

(iv)

that are selected so that the members of the Committee have experience or expertise with as many seafood species as practicable.

(B)

At-large members

The Secretary shall appoint to the Committee at-large members to ensure that the Committee fairly reflects the expertise and interest of the seafood industry located in each region, as follows:

(i)

One individual with experience in mass market food distribution.

(ii)

One individual with experience in mass market food retail or food service.

(iii)

One individual with experience in the marketing of seafood.

(iv)

One individual with experience in growing seafood.

(v)

One individual who is an employee of the National Marine Fisheries Service with expertise in fisheries research.

(4)

Member terms

The term for a member of the Committee shall be three years, except that the Secretary shall designate staggered terms for the members initially appointed to the Committee.

(5)

Responsibilities

The Committee shall be responsible for—

(A)

identifying needs of the seafood industry that may be addressed by a project funded with a grant under subsection (c);

(B)

developing the request for proposals for such grants;

(C)

reviewing applications for such grants; and

(D)

selecting applications for approval under subsection (c)(2)(B).

(6)

Chair

The Committee shall elect a chair by a majority of those voting, if a quorum is present.

(7)

Quorum

A simple majority of members of the Committee shall constitute a quorum, but a lesser number may hold hearings.

(8)

Meetings

(A)

Frequency

The Committee shall meet not more than two times each year.

(B)

Location

The meetings of the Committee shall rotate between the geographic regions described under paragraph (2).

(C)

Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.

(9)

Staff

The Committee may employ staff as necessary without regard to the provisions of title 5, United States Code.

(10)

Per diem and expenses and funding

(A)

In general

A member of the Committee shall serve without compensation, but shall be reimbursed in accordance with section 5703 of title 5, United States Code, for reasonable travel costs and expenses incurred in performing duties as a member of the Committee.

(B)

Funding

The reimbursements made under subparagraph (A) shall be paid with the funds made available for grants under subsection (c).

(11)

Conflict of interest

The conflict of interest and recusal provisions set out in section 302(j) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any decision by the Committee and to all members of the Committee as if each member of the Committee is an affected individual within the meaning of such section 302(j), except that in addition to the disclosure requirements of section 302(j)(2)(C) of such Act, (16 U.S.C. 1852(j)(2)(C)), each member of the Committee shall disclose any financial interest or relationship in an organization or with an individual that is applying for a grant under subsection (c) held by the member of the Committee, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.

.

(b)

Role in approval of grants

Section 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)(3)), is amended to read as follows:

(3)

No application for a grant under this subsection may be approved unless—

(A)

the Secretary is satisfied that the applicant has the requisite technical and financial capability to carry out the project; and

(B)

the application is selected for funding by the American Fisheries Advisory Committee under subsection (f).

.

1.

Short title

This Act may be cited as the American Fisheries Advisory Committee Act.

2.

American Fisheries Advisory Committee

(a)

Establishment

Section 2 of the Act of August 11, 1939 (15 U.S.C. 713c–3) is amended by adding at the end the following:

(f)

American Fisheries Advisory Committee

(1)

Definitions

In this subsection:

(A)

Committee

The term Committee means the American Fisheries Advisory Committee established under paragraph (2).

(B)

Fishing community

The term fishing community means harvesters, marketers, growers, processors, recreational fishermen, charter fishermen, and persons providing them with goods and services.

(C)

Marketing and promotion

The term marketing and promotion means an activity aimed at encouraging the consumption of seafood or expanding or maintaining commercial markets for seafood.

(D)

Processor

The term processor means any person in the business of preparing or packaging seafood (including seafood of the processor’s own harvesting) for sale.

(E)

Seafood

The term seafood means farm-raised and wild-caught fish or shellfish harvested in the United States or by a United States flagged vessel for human consumption.

(2)

Establishment

Not later than 90 days after the date of the enactment of the American Fisheries Advisory Committee Act, the Secretary shall establish 6 regions within the American Fisheries Advisory Committee as follows:

(A)

Region 1 shall consist of Alaska, Hawaii, the Commonwealth of the Northern Mariana Islands, and the Territories of Guam and American Samoa.

(B)

Region 2 shall consist of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.

(C)

Region 3 shall consist of Texas, Alabama, Louisiana, Mississippi, Florida, Arkansas, Puerto Rico, and territory of the Virgin Islands.

(D)

Region 4 shall consist of California, Washington, Oregon, and Idaho.

(E)

Region 5 shall consist of New Jersey, New York, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

(F)

Region 6 shall consist of Michigan, Minnesota, Wisconsin, Illinois, Indiana, Ohio, and Pennsylvania.

(3)

Membership

The Committee shall be composed of the following members:

(A)

Regional representation

Each of the regions listed in subparagraphs (A) through (F) of paragraph (2) shall be represented on the Committee by 3 members—

(i)

who are appointed by the Secretary;

(ii)

who reside in a State or territory in the region that the member will represent;

(iii)

of which—

(I)

one shall have experience as a seafood harvester;

(II)

one shall have experience as a processor; and

(III)

one shall have experience as a recreational fisher; and

(iv)

that are selected so that the members of the Committee have experience or expertise with as many seafood species as practicable.

(B)

At-large members

The Secretary shall appoint to the Committee at-large members to ensure that the Committee fairly reflects the expertise and interest of the fishing community located in each region, as follows:

(i)

One individual with experience in mass market food distribution.

(ii)

One individual with experience in mass market food retail or food service.

(iii)

One individual with experience in the marketing of seafood.

(iv)

One individual with experience in growing seafood.

(v)

One individual with experience as a recreational fisher.

(vi)

One individual who is an employee of the National Marine Fisheries Service with expertise in fisheries research.

(vii)

One individual that represents the fisheries science community.

(4)

Member terms

The term for a member of the Committee shall be 3 years, except that the Secretary shall designate staggered terms for the members initially appointed to the Committee.

(5)

Responsibilities

The Committee shall be responsible for—

(A)

identifying needs of the fishing community that may be addressed by a project funded with a grant under subsection (c);

(B)

developing the request for proposals for such grants;

(C)

reviewing applications for such grants; and

(D)

selecting applications for approval under subsection (c)(2)(B).

(6)

Chair

The Committee shall elect a chair by a majority of those voting, if a quorum is present.

(7)

Quorum

A simple majority of members of the Committee shall constitute a quorum, but a lesser number may hold hearings.

(8)

Meetings

(A)

Frequency

The Committee shall meet not more than 2 times each year.

(B)

Location

The meetings of the Committee shall rotate between the geographic regions described under paragraph (2).

(9)

Staff

The Committee may employ staff as necessary.

(10)

Per diem and expenses and funding

(A)

In general

A member of the Committee shall serve without compensation, but shall be reimbursed in accordance with section 5703 of title 5, United States Code, for reasonable travel costs and expenses incurred in performing duties as a member of the Committee.

(B)

Funding

The reimbursements made under subparagraph (A) shall be paid with the funds made available for grants under subsection (c).

(11)

Conflict of interest

The conflict of interest and recusal provisions set out in section 302(j) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any decision by the Committee and to all members of the Committee as if each member of the Committee is an affected individual within the meaning of such section 302(j), except that in addition to the disclosure requirements of section 302(j)(2)(C) of such Act, (16 U.S.C. 1852(j)(2)(C)), each member of the Committee shall disclose any financial interest or relationship in an organization or with an individual that is applying for a grant under subsection (c) held by the member of the Committee, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.

.

(b)

Role in approval of grants

Section 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)(3)), is amended to read as follows:

(3)
(A)

No application for a grant under this subsection may be approved unless—

(i)

the Secretary is satisfied that the applicant has the requisite technical and financial capability to carry out the project;

(ii)

the Secretary evaluates the proposed project as to—

(I)

the selections of the Committee established in subsection (f);

(II)

soundness of design;

(III)

the possibilities of securing productive results;

(IV)

minimization of duplication with other fisheries research and development projects;

(V)

the organization and management of the project;

(VI)

methods proposed for monitoring and evaluating the success or failure of the project; and

(VII)

such other criteria as the Secretary may require; and

(iii)

the application selected for funding meets the proposal developed by the American Fisheries Advisory Committee under subsection (f).

(B)

Justification

If the Secretary fails to provide funds to a grant selected by the Committee, the Secretary shall provide a written document to the Committee justifying the decision.

.

3.

Public availability of grants proposals

Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)) is amended by adding at the end the following:

(6)

Any person awarded a grant under this subsection shall make publicly available a title and abstract of the project to be carried out by the grant funds that serves as the public justification for funding the project that includes a statement describing how the project serves to enhance United States fisheries, including harvesting, processing, marketing, and associated infrastructures, if applicable.

.

November 17, 2016

Reported with an amendment