text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Fluke Fairness Act of 2013''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Summer flounder is an important economic fish stock for 
          commercial and recreational fishermen across the Northeast and 
          Mid-Atlantic United States.
              (2) The Magnuson-Stevens Fishery Conservation and 
          Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 
          2006 and instituted annual catch limits and accountability 
          measures for important fish stocks.
              (3) That reauthorization prompted fishery managers to look 
          at alternate management schemes to rebuild depleted stocks like 
          summer flounder.
              (4) Summer flounder occur in both State and Federal waters 
          and are managed through a joint fishery management plan between 
          the Council and the Commission.
              (5) The Council and the Commission decided that each 
          State's recreational and commercial harvest limits for summer 
          flounder would be based upon landings in previous years.
              (6) These historical landings were based on flawed data 
          sets that no longer provide fairness or flexibility for 
          fisheries managers to allocate resources based on the best 
          science.
              (7) This allocation mechanism resulted in an uneven split 
          among the States along the East Coast which is problematic.
              (8) The Fishery Management Plan for summer flounder does 
          not account for regional changes in the location of the fluke 
          stock even though the stock has moved further to the north and 
          changes in effort by anglers along the East Coast.
              (9) The States have been locked in a management system 
          based on data that occurred over a decade ago and the summer 
          flounder stock is not being managed using the best available 
          science and modern fishery management techniques.
              (10) It is in the interest of the Federal Government to 
          establish a new fishery management plan for summer flounder 
          that is based on current geographic, scientific, and economic 
          realities.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Commission.--The term ``Commission'' means the Atlantic 
          States Marine Fisheries Commission.
              (2) Council.--The term ``Council'' means the Mid-Atlantic 
          Fishery Management Council established under section 302(a) of 
          the Magnuson-Stevens Fishery Conservation and Management Act 
          (16 U.S.C. 1852(a)).
              (3) National standards.--The term ``National Standards'' 
          means the national standards for fishery conservation and 
          management set out in section 301(a) of the Magnuson-Stevens 
          Fishery Conservation and Management Act (16 U.S.C. 1851(a)).
              (4) Secretary.--The term ``Secretary'' means the Secretary 
          of Commerce.
              (5) Summer flounder.--The term ``summer flounder'' means 
          the species Paralichthys dentatus.
  
  SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM.
  
      (a) Fishery Management Plan Modification.--Not later than 1 year 
  after the date of the enactment of this Act, the Council shall submit 
  to the Secretary, and the Secretary may approve, a modified fishery 
  management plan for the commercial and recreational management of 
  summer flounder under title III of the Magnuson-Stevens Fishery 
  Conservation and Management Act (16 U.S.C. 1851 et seq.) or an 
  amendment to such plan that--
              (1) shall be based on the best scientific information 
          available;
              (2) reflects changes in the distribution, abundance, and 
          location of summer flounder in establishing distribution of the 
          commercial and recreational catch quotas;
              (3) considers regional, coastwide, or other management 
          measures for summer flounder that comply with the National 
          Standards; and
              (4) prohibits the allocation of commercial or recreational 
          catch quotas for summer flounder on a State-by-State basis 
          using historical landings data that does not reflect the status 
          of the summer flounder stock, based on the most recent 
          scientific information.
      (b) Consultation With the Commission.--In preparing the modified 
  fishery management plan or an amendment to such a plan as described in 
  subsection (a), the Council shall consult with the Commission to ensure 
  consistent management throughout the range of the summer flounder.
      (c) Failure To Submit Plan.--If the Council fails to submit a 
  modified fishery management plan or an amendment to such a plan as 
  described in subsection (a) that may be approved by the Secretary, the 
  Secretary shall prepare and approve such a modified plan or amendment.
  
  SEC. 5. REPORT.
  
      Not later than 1 year after the date of the approval under section 
  4 of a modified fishery management plan for the commercial and 
  recreational management of summer flounder or an amendment to such 
  plan, the Comptroller General of the United States shall submit to 
  Congress a report on the implementation of such modified plan or 
  amendment that includes an assessment of whether such implementation 
  complies with the National Standards.
target: Fluke Fairness Act of 2013 - Directs the Mid-Atlantic Fishery Management Council to submit for approval by the Secretary of Commerce a modified fishery management plan for the commercial and recreational management of summer flounder, or an amendment to such plan, that: (1) is based on the best scientific information available; (2) reflects changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) considers regional, coastwide, or other management measures that comply with national standards under the Magnuson-Stevens Fishery Conservation and Management Act; and (4) prohibits the allocation of catch quotas on a state-by-state basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information.  Requires the Council, in preparing such modifications or amendments, to consult with the Atlantic States Marine Fisheries Commission. Directs the Secretary to prepare and approve a plan if the Council fails to submit such modifications or amendments. Requires a Comptroller General (GAO) report that assesses whether the subsequent implementation of the approved plan complies with national standards.
feat_title: Fluke Fairness Act of 2013