Public Law 117-121 passed May 12, 2022

American Fisheries Advisory Committee Act

Established August 11, 1939 has been amended.

Definitions

Committee: American Fisheries Advisory Committee

Fishing Community: Harvesters, marketers, growers, processors, recreational fishermen, charter fishermen, persons providing them with goods and services.

Marketing and Promotion: Activity aimed at encouraging the consumption of seafood or expanding or maintaining commercial markets for seafood.

Processor: Any person in the business of preparing or packaging seafood (including seafood of the processor’s own harvesting) for sale.

Seafood: Farm-raised and wild-caught fish, shellfish, or marine algae harvested in the United States or by a United States flagged vessel for human consumption.

Establishment

No later than 90 days after the enactment of this Act, the American Fisheries Advisory Committee shall establish 6 regions as follows:

    • Region 1: Alaska, Hawaii, Commonwealth of Northern Mariana Islands, Territories of Guam and American Samoa

    • Region 2: Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut

    • Region 3: Texas, Alabama, Louisiana, Mississippi, Florida, Arkansas, Puerto Rico, Territory of Virgin Islands

    • Region 4: California, Washington, Oregon, Idaho

    • Region 5: New Jersey, New York, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia

    • Region 6: Michigan, Minnesota, Wisconsin, Illinois, Indiana, Ohio, Pennsylvania

Membership

Regional Representation by 3 members appointed by the Secretary who reside in a State or territory in the region.

    • One member shall have experience in as a seafood harvester or processor.

    • One member shall have experience as recreational or commercial fisher or experience growing seafood.

    • One member shall represent the fisheries science community or the relevant Regional Fishery Management Council

    • Members of the Committee shall have experience or expertise with as many seafood species as practicable.

The Secretary shall appoint to the Committee at large members-

    • One individual with experience in food distribution, marketing, retail, or food service.

    • One individual with experience in the recreational fishing industry supply chain such as fishermen, manufacturers, retailers, and distributors.

    • One individual with experience in the commercial fishing industry supply chain, such as fishermen, manufacturers, retailers and distributors

    • One employee of the National Marine Fisheries Service with expertise in fisheries research.

The Secretary shall seek a balanced representation of experts in United States fisheries, seafood production and science.

Member terms shall be 3 years, except the Secretary shall designate staggered terms for the members initially appointed to the Committee.

The Committee responsibilities

    • Identifying need of the fishing community that may be addressed by a project funded with a grant

    • Developing the request for proposals for such grants

    • Review applications for such grants

    • Select applications for approval

The Committee shall elect a chair by majority vote if a quorum is present. A simple majority of Committee members shall constitute a quorum but a lesser member can hold hearings.

Meetings

    • The Committee shall meet no more than 2 times a year.

    • The location shall rotate between the geographic regions.

    • The Committee shall seek to minimize operational costs with meetings, hearings or other business including video or teleconference.

    • The Secretary shall designate a staff member to coordinate the activities of the Committee and to assist with administrative functions as requested.

Per Diem, Expenses and Funding

Members of the Committee serve WITHOUT compensation but reimbursed for travel costs and expenses in performing duties as a member of the Committee. (Section 5703 Title 5, USC)

(Section 5703 Title 5, USC): “Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay.”

Costs for reimbursement and other costs paid from funds made available to carry out including-

(15 USC 713c-3(f)(1)(B)): “the Secretary shall use the balance of the moneys in the fund to finance those activities of the National Marine Fisheries Service which are directly related to development of the United States fisheries”. EXCEPT that no funds allocated for grants under-

(15 USC 713c-3(f)(1)(A)): “the Secretary shall use no less than 60 percent of such moneys to make direct industry assistance grants to develop the United States fisheries and to expand domestic and foreign markets for United States fishery products pursuant to subsection (c) of this section”; shall be expended for any purpose under these subsections.

Conflict of Interest

Magnuson Stevens Fishery Conservation and Management Act (16 USC 1852(j)) 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 held by the member of the Committee, including an interest as an officer, director, trustee, partner, employee, contractor agent, or other representative.

Technical Review of Applications

Prior to the review of an applications for a grant by the Committee, the Secretary shall obtain an independent written technical evaluation from 3 or more Federal, private, or public sector experts (such as industry, academia or governmental experts) who-

    • Have subject matter expertise to determine technical merit of the proposal in the application

    • Independently evaluate each such proposal

    • Certify that the expert DOES NOT have a conflict of interest

Guidance

No later than 180 days after then enactment of this Act, the Secretary shall issue guidance related to carrying out the technical evaluations. Such guidance shall include criteria for the elimination by the National Oceanic and Atmospheric Administration (NOAA) of applications that FAIL to meet a minimum level of technical merit as determined by the review.

Role in Approval or Grants

The Act of August 11, 1939 is amended to read as follows:

    • No application for a grant under this subsection may be approved unless the Secretary-

    • Is satisfied that the applicant has the requisite technical and financial capability to carry out the project

    • Based on the recommendations of the American Fisheries Advisory Committee evaluates the proposed project as to-

      1. Soundness of design

      2. The possibilities of securing productive results

      3. Minimization of duplication with other fisheries research and development projects

      4. The organization and management of the project

      5. Methods proposed for monitoring and evaluating the success or failure of the project

      6. Such other criteria as the Secretary may require

    • If the Secretary FAILS to provide funds to a grant selected by the American Fisheries Advisory Committee, the Secretary shall provide a written document to the Committee justifying the decision.

Expansion of Specified Purposes of Fisheries Research and Development Projects Grants Program to Include Fisheries Research and Development Projects.

Act of August 11, 1939 amended by inserting: (15 USC 713c-3(c)(1))

“Fisheries science, recreational fishing” before “harvesting”

Public Availability of Grants Proposals

Act of August 11, 1939 amended by adding: (15 USC 713c-3(c))

“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”.