Sec. 205. Community participation in limited access privilege programs
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Section 303A(c) ( 16 U.S.C. 1853a(c) ) is amended— in paragraph (1)— in subparagraph (C)(iii), by inserting , including the participation of fishing communities in the fishery after benefits ; and by adding at the end the following: consider the needs of fishing communities and provide a process for fishing communities to participate in the limited access privilege program in accordance with subsection (c)(3). ; and by amending paragraph
(3)to read as follows: To be eligible to participate in a limited access privilege program to harvest fish, a fishing community shall— be located within the management area of the relevant Council; consist of residents who conduct commercial or recreational fishing, processing, or fishery-dependent support businesses within the Council's management area; seek to participate in such program for a purpose other than perfecting or realizing a security interest in such access; and develop and submit a community sustainability plan to the Council and the Secretary that demonstrates how the plan will address the social and economic development needs of coastal communities, including those that have not historically had the resources to participate in the fishery, for approval. A community sustainability plan submitted by a fishing community to a Council and the Secretary for approval shall include the following components: A description of the entity and the Board and governance for the entity that will receive the allocation. A description of the quota allocation process that will be used by the fishing community entity, including an appeals process within the entity. Provisions for monitoring and enforcement of the community sustainability plan. Goals and objectives for the fishing community and how the entity will use the allocation to meet those goals and objectives. A description of how the entity will sustain the participation of the fishing community in the fisheries, including providing for new entry and intergenerational transfer, encouraging active participation and addressing economic barriers to access to the fisheries. A description of how the community sustainability plan will address the projected economic and social impacts associated with the implementation of the limited access privilege program, including the potential for strengthening economic conditions in remote fishing communities lacking the resources to participate in harvesting activities in the fishery. A description of how the community sustainability plan will ensure the benefits of participating in the limited access privilege program accrue to the fishing community and participants, including limitations or measures necessary to prevent an inequitable concentration of limited access privileges within the fishing community. A community sustainability plan submitted before the date of enactment of the Sustaining America’s Fisheries for the Future Act of 2022 shall not be invalidated by failure to comply with clause
(i)unless such plan is amended after such date. . The Inspector General of the Department of Commerce shall conduct an audit regarding limited access privilege programs for federally managed fisheries in the United States. The audit required under paragraph
(1)shall determine and disclose the following: The amount of harvest privileges or transferable quota that were actively harvested each year from 2017 through 2022. The amount of harvest privileges or transferable quota that were leased to other parties or entities each year from 2017 through 2022. The names of corporations, partnerships, or other authorized entities that currently hold harvesting privileges or transferable quota in Federal fisheries. The proportion of transferable quota holders (both individuals and authorized entities) who are actively fishing their harvesting privileges. The average cost of a transferable harvest share in each federally managed limited access privilege program. The average leasing cost of a transferable harvest share in each federally managed limited access privilege program where leasing is occurring. In addition to the requirements under paragraph (2), the audit required under this subsection shall— evaluate the Secretary of Commerce’s performance overseeing limited access privilege programs in accordance with section 303A(c)(1)(J) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1853a(c)(1)(J) ); and recommend policies to strengthen transparency and achieve full disclosure of ownership of harvest privileges in limited access privilege programs. Not later than one year after the date of enactment of this Act, the Inspector General shall brief the appropriate committees of Congress on the preliminary findings of the audit conducted under paragraph (1). Not later than 30 days after the date on which a briefing occurs under paragraph (4), the Inspector General shall submit to Congress a final report setting forth the results of the audit conducted under paragraph (1).
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Sec. 205
Community participation in limited access privilege programs
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