Sec. 103. Study of limited access privilege programs for mixed-use fisheries
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/bill/115/s/1520/is/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine shall— study the use of limited access privilege programs in mixed-use fisheries, including— identifying any inequities caused by a limited access privilege program; recommending policies to address the inequities identified in clause (i), such as— referenda that cover all participants and sectors in the fishery before establishment, not just the commercial sector participants; auctions or lotteries for quota assignment in lieu of free quota transfers; limited duration of access privileges with periodic auction to assign quota ownership; mandatory sector allocation analyses prior to quota assignment; and compensated reallocation plans to allow allocations to shift as demand and demographics shift; and identifying and recommending the different factors and information a mixed-use fishery should consider when designing, establishing, or maintaining a limited access privilege program to mitigate any inequities identified in clause (i); and submit to the appropriate committees of Congress a report on the study under subparagraph (A), including the recommendations under clauses
(ii)and
(iii)of subparagraph (A). In conducting the study under paragraph (1), the Ocean Studies Board shall consider, at a minimum— the community impacts of assignment of quota to only one sector; the disenfranchisement in the management process of a sector not assigned quota; and the loss of public resource rent. Except as provided in paragraph (2), there shall be a moratorium on the submission and approval of a limited access privilege program for a mixed-used fishery until the date that the report is submitted under subsection (a)(1)(B). Subject to paragraph (3), a Council may submit, and the Secretary of Commerce may approve, for a mixed-use fishery that is managed under a limited access system, a limited access privilege program if such program was part of a pending fishery management plan or plan amendment before the date of enactment of this Act. A Council that approves a limited access privilege program under paragraph
(2)shall, upon issuance of the report required under subparagraph (a), review and, to the extent practicable, revise the limited access privilege program to be consistent with the recommendations of the report or any subsequent statutory or regulatory requirements designed to implement the recommendations of the report. Nothing in this section may be construed to affect a limited access privilege program approved by the Secretary of Commerce before the date of enactment of this Act.