Sec. 602. Encouraging elimination of lionfish
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/bill/115/hr/200/eh/section-602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: Subject to the approval of an exempted fishing permit submitted by a participating State, 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.
The regulations shall require— the submission of 100 lionfish for each tag issued; 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 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. The regulations shall not limit the number of tags that may be issued to an individual.
The regulations shall provide that a tag issued under the regulations— shall be valid for the 5-year period beginning on the date it is issued; 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; shall authorize such taking without regard to any seasonal limitation that otherwise applies to the species of fish taken; shall authorize— the transfer of tags to any other person; and use of transferred tags in the same manner as such tags may be used by the person to whom the tags were issued; 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; and shall only be utilized for species caught in the same water adjacent a State where the lionfish were originally caught.
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. 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. The Secretary shall— encourage participating States to use existing infrastructure and staff or volunteers to conduct the State’s program under this section; include on the webpage of the National Marine Fisheries Service information about the program under this section; and encourage State and local governments to work with retailers and distributors to advance the purchasing and consumption of lionfish.
This section— is intended to protect species of fish that are native to waters of the United States or the exclusive economic zone; and shall not be construed to constrain any fishery, fishing quota, or fishing allocation. 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. In this section— the term covered fish — except as provided in subparagraph (B), means red snapper, gag grouper, triggerfish, amberjack; and 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 the term participating State means a State that has applied and been approved by the Secretary to issue tags under regulations under this section. .
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. . The Secretary of Commerce shall issue regulations under the amendment made by subsection
(a)by not later than 60 days after the approval of an exempted fishing permit submitted by a participating State. Nothing in section 321 shall be construed as to allow for the transfer of fisheries allocation or catch among the various States.
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