Requires a fishery management plan to close an area to a gear or practice that has been shown to adversely affect essential fish habitat unless the Regional Fishery Management Council (council) determines that closure is not necessary and the Secretary finds that the gear or practice will have a minimal adverse impact on habitat and minimal bycatch.
Requires observers on commercial fishing vessels to collect data necessary for the conservation and management of the fishery, subject to specified requirements Modifies: (1) the definition of "overfishing" and "overfished" to include jeopardizing the ecological integrity and sustainability of marine ecosystems; (2) conservation and management measure requirements; and (3) fishery management plan requirements to add ecosystem considerations. Requires each fishery management plan to have a fishery impact statement.
Directs the Secretary to develop at least one pilot fisheries ecosystem plan. Requires each council to prepare and submit to the Secretary a Fisheries Ecosystem Plan for each major marine ecosystem within its jurisdiction.
Reauthorizes appropriations to carry out the Act.
Amends the Saltonstall-Kennedy Act to earmark specified funds for direct industry assistance grants and for activities of the National Marine Fisheries Service that are directly related to implementation of the Magnuson Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2570 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2570
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to recover depleted fish stocks and promote the long-term
sustainability of marine fisheries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2001
Mr. Farr of California (for himself, Mr. Blumenauer, Mr. English, Mr.
George Miller of California, Mr. Faleomavaega, Mr. Greenwood, Ms.
Woolsey, Ms. McKinney, Mr. Moran of Virginia, Mr. Borski, Mr. Lantos,
Ms. Pelosi, Mr. Boucher, Ms. Baldwin, Mr. Acevedo-Vila, Ms. Lee, Mr.
Weiner, Mr. Clyburn, Mr. Honda, Mrs. Davis of California, and Ms.
Eshoo) introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Conservation and Management Act to
recover depleted fish stocks and promote the long-term sustainability
of marine fisheries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Recovery Act of 2001''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided in this Act, any
amendment to, repeal of, or reference to a section or other provision
of law shall be considered to be made to such provision of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
SEC. 3. MINIMIZING BYCATCH.
(a) Findings and Policy.--
(1) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is further
amended by adding at the end the following:
``(10) The magnitude of bycatch and discards of living
marine resources in United States marine fisheries can have
profound population, ecosystem, and socioeconomic effects on
United States fishery resources and the fishing communities
that depend on those resources.''.
(2) Policy.--Section 2(c)(3) (16 U.S.C. 1801(c)(3)) is
amended by striking ``practical measures'' and all that follows
through ``fish;'' and inserting the following: ``practical
measures that avoid bycatch, minimize the mortality of bycatch
that cannot be avoided, and minimize waste of fish;''.
(b) Definitions.--Section 3(2) (16 U.S.C. 1802(2)) is amended to
read as follows:
``(2) the term `bycatch' means--
``(A) catch of nontarget fish species and nonfish
species;
``(B) economic and regulatory discards including
discards of target species; and
``(C) nontarget fish and nonfish species that are
otherwise killed or injured as a result of fishing.
Such term does not include target species of fish of a
recreational catch and release fishing program that are
released alive in accordance with that program.''.
(c) National Standards for Fishery Conservation and Management.--
Section 301(a)(9) (16 U.S.C. 1859(a)(9)) is amended by striking ``, to
the extent practicable, (A) minimize'' and insert ``, to the maximum
extent practicable, (A) avoid''.
(d) Required Provisions of Fishery Management Plans.--Section
303(a) (16 U.S.C. 1853(a)) is amended--
(1) by amending paragraph (11) to read as follows:
``(11) establish and implement an accurate and reliable
standardized reporting methodology to assess the amount and
type of bycatch occurring in the fishery within 1 year after
the date of enactment of the Fisheries Recovery Act of 2001,
specify objective and measurable targets to reduce bycatch on
an annual basis by a statistically significant amount from the
previous year, for a period of at least 5 years, utilizing
conservation and management measures that, in the following
priority--
``(A) avoid bycatch; and
``(B) minimize the mortality of bycatch which
cannot be avoided;''; and
(2) by striking ``and'' after the semicolon at the end of
paragraph (13), by striking the period at the end of paragraph
(14) and inserting a semicolon, and by adding at the end the
following:
``(15) account for all sources of fishing mortality,
including bycatch discard mortality, in determining the maximum
sustainable yield for the fishery, in establishing total
allowable catch and other catch limits necessary to achieve the
optimum yield, and in counting catch;
``(16) include conservation and management measures that
provide catch incentives for participants within and among gear
categories to employ fishing practices that avoid bycatch or
minimize the mortality of bycatch that cannot be avoided;''.
(e) Report on Implementation of Standardized Reporting
Methodologies and Bycatch Reduction Targets and Timetables.--The
Secretary of Commerce shall report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Resources within one year after the date of enactment of this Act,
and annually thereafter for the next 5 years, on the progress made in
implementing the requirements of section 303(a)(11) of the Magnuson-
Stevens Fishery Conservation and Management Act.
(f) Charitable Donation of Bycatch.--Section 303(b) (16 U.S.C.
1853(b)) is further amended by adding at the end the following:
``(13) allow the retention and donation for charitable
purposes of all dead bycatch that cannot otherwise be avoided
under terms that ensure, through the use of onboard fishery
observers or other means, that--
``(A) such retention and donation do not allow the
evasion of vessel trip limits, total allowable catch
levels, or other conservation and management measures;
``(B) participants in such program may not deduct
the cost of harvesting the donated fish, the value of
such fish, or any lost revenue from harvesting such fish from their
individual or corporate income taxes.''.
SEC. 4. PROTECTION OF ESSENTIAL FISH HABITAT.
(a) Required Provisions of Fishery Management Plans.--Section
303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to read as follows:
``(7) describe and identify essential fish habitat based on
the guidelines established by the Secretary under section
305(b)(1)(A), and--
``(A) analyze the impacts of fishing on essential
fish habitat;
``(B) minimize any adverse impacts on essential
fish habitat from fishing;
``(C) close an area to a fishing gear or practice
if such fishing gear or practice has been shown to
adversely affect essential fish habitat, unless the
Council determines based on the best scientific
information available that a closure is not necessary
to protect such habitat; and
``(D) identify other actions to encourage the
conservation and enhancement of such habitats;''.
(b) Restrictions on Fishing Gear and Fishing.--Section 305(b) (16
U.S.C. 1855(b)) is amended by adding at the end the following:
``(5) No person or vessel may--
``(A) employ fishing gear or engage in a fishery in an area
closed to that fishing gear or fishery unless the Secretary,
after notice and opportunity for public comment, finds that the
fishing gear or fishery will have a minimal adverse impact on
essential fish habitat and minimal bycatch of nontarget
species; or
``(B) use fishing gear in a fishery that is not currently
used in the fishery, or that is not included on the list
published pursuant to subsection (a)(1), unless the Secretary,
after notice and opportunity for public comment, finds that the
fishing gear will have a minimal adverse impact on essential
fish habitat and result in minimal bycatch of nontarget
species.
``(6) The Secretary, in consultation with the appropriate Council
or Councils, shall conduct a program to identify and facilitate the
introduction of fishing gear or practices that have minimal adverse
impact on essential fish habitat and minimal bycatch of nontarget
species.''.
SEC. 5. REFORM OF THE REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Membership.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is
amended--
(1) in subparagraph (B) in the first sentence--
(A) by striking ``of the active participants'' and
inserting ``among the active participants''; and
(B) by inserting before the period the following:
``and representatives of the public interest in marine
fish conservation, including individuals who do not
derive any of their annual income from commercial or
recreational fishing and who are knowledgeable
regarding the conservation and management of the
fishery resources of the geographic area concerned'';
(2) in subparagraph (B) in the second sentence by striking
``Merchant Marine and Fisheries'' and insert ``Resources''; and
(3) in subparagraph (C) in the second sentence by inserting
``and representatives of conservation organizations'' after
``commercial and recreational fishery interests''.
(b) Disclosure of Financial Interest and Recusal.--Section 302(j)
(16 U.S.C. 1852(j)) is amended--
(1) in paragraph (6) by striking ``may not'' and inserting
``shall''; and
(2) in paragraph (7)--
(A) by amending so much as precedes subparagraph
(C) to read as follows:
``(7)(A) After the effective date of regulations
promulgated under subparagraph (F) of this paragraph, an
affected individual required to disclose a financial interest
under paragraph (2), or an individual convicted of violating
section 309, shall not vote on a Council decision which would
have a significant and predictable effect on such financial
interest. A Council decision shall be considered to have a
significant and predictable effect on a financial interest if
there is a close causal link between the Council decision and a
significant expected benefit to the financial interest of the
affected individual. An affected individual who may not vote
may participate in Council deliberations relating to the
decision after notifying the Council of the voting recusal and
identifying the financial interest that would be affected.
``(B) At the request of an affected individual or a member
of the public, or upon the initiative of the appropriate
designated official, the designated official shall make a
determination for the record whether a Council decision would
have a significant and predictable effect on the financial
interest of an affected individual'';
(B) in subparagraph (C) by inserting ``or member of
the public'' after ``Any Council Member'';
(C) by amending subparagraph (E) to read as
follows:
``(E) If the Council makes a decision before the Secretary
has reviewed a determination under subparagraph (C), and the
Secretary determines in a review under subparagraph (C) that
the Council decision had a significant and predictable effect
on the financial interest of an affected individual and the
affected individual's vote decided the Council action, then the
decision by the Council shall have no force or effect.''; and
(D) in subparagraph (F) by striking ``Sustainable
Fisheries Act'' and inserting ``Fisheries Recovery Act
of 2001''.
SEC. 6. CONSERVING ATLANTIC HIGHLY MIGRATORY SPECIES.
(a) Magnuson-Stevens Fishery Conservation Act Amendments.--Section
304 (16 U.S.C. 1854) is amended--
(1) in subsection (e)(1)--
(A) by striking ``or international agreement''; and
(B) by striking ``or agreement'';
(2) in subsection (e)(4)--
(A) in subparagraph (A)(i) by striking ``,
recommendations by international organizations in which
the United States participates,'';
(B) in subparagraph (A)(ii) by striking ``, or
management measures under an international agreement in
which the United States participates''; and
(C) by adding ``and'' after the semicolon at the
end of subparagraph (A), striking ``; and'' at the end
of subparagraph (B) and inserting a period, and
striking subparagraph (C);
(3) in subsection (g)(1) by redesignating subparagraphs (A)
through (G) in order as subparagraphs (B) through (H), and
inserting before subparagraph (B) (as so redesignated) the
following:
``(A) ensure that all conservation and management
measures promulgated under this subsection are
consistent with the national standards and other
provisions of this Act;'';
(4) in subparagraph (D) (as so redesignated) by striking
``minimize, to the extent practicable,'' and inserting ``take
into account''; and
(5) in subparagraph (E) (as so redesignated) by inserting
before the semicolon at the end the following: ``, if the
Secretary has determined that such harvest prevents
overfishing, minimizes bycatch, and is otherwise consistent
with the national standards and other provisions of this Act''.
(b) Atlantic Tunas Convention Act of 1975 Amendments.--The Atlantic
Tunas Convention Act of 1975 is amended in section 6(c)(3) (16 U.S.C.
971d(c)(3)) in the matter following subparagraph (K) by striking ``have
the effect of increasing or decreasing'' and inserting ``increase or
decrease''.
SEC. 7. MANDATORY FISHERY OBSERVER PROGRAM.
(a) Finding.--Section 2(a)(6) (16 U.S.C. 1801(a)(6)) is amended by
inserting ``, including a national fisheries observer program,'' after
``United States''.
(b) Required Fishery Management Plan Provisions.--
(1) In general.--Section 303(a) (16 U.S.C. 1853(a)) is
further amended by adding at the end the following:
``(17) to the extent necessary to collect statistically
significant and reliable data, require that one or more
observers be carried on board a vessel of the United States
(other than vessels engaged in charter fishing that are
carrying 6 or fewer passengers for hire) engaged in commercial
fishing for species that are subject to the plan, for the
purpose of collecting statistically significant and reliable
data necessary for the conservation and management of the
fishery, including monitoring and reporting of bycatch and
discards, landings, impacts on essential fish habitat, and
other relevant information; except that--
``(A) such a vessel shall not be required to carry
an observer on board if the facilities of the vessel
for the quartering of an observer, or for carrying out
observer functions, are so inadequate or unsafe that
the health or safety of the observer or the safe
operation of the vessel would be jeopardized;
``(B) such a vessel shall not be required to carry
an observer on board if the fishery has demonstrated,
through previous observer or other data, that it has
avoided and minimized bycatch to the maximum extent
practicable; or
``(C) vessels required to carry an observer
pursuant to an international agreement are not required
to carry an observer under this subsection;
``(18) except for fishing vessels or operators of such
vessels required to obtain a permit from a State or
international fishery management agency, require a permit to be
obtained from, and fees to be paid to, the Secretary, with
respect to--
``(A) any fishing vessel of the United States
fishing--
``(i) in the exclusive economic zone or
special areas; or
``(ii) for anadromous species of
Continental Shelf fishery resources beyond such
zone or areas;
``(B) the operator of any such vessel; or
``(C) any United States fish processor who first
receives fish that are subject to the plan;
``(19) assess user fees based on the value of fish landings
sufficient to fund fishery observer and permit programs for the
fisheries under the jurisdiction of the Council established
pursuant to paragraphs (17) and (18), and deposit such fees in
a dedicated account that shall be available for use by the
Secretary exclusively to fund those programs for such Council;
except that--
``(A) the total amount of such fees shall be
matched dollar-for-dollar with funds transferred
pursuant to section 2(a)(5) of the Act of August 11,
1939 (chapter 696; 15 U.S.C. 713c-2), popularly known
as the Saltonstall-Kennedy Act; and
``(B) the Secretary may phase in implementation of
such a user fee for a fishery that has been declared a
disaster;
``(20) shall require that a written receipt be issued by a
fish processor to a fishing vessel owner or operator for all
commercially caught fish, that records--
``(A) the weight, or number in any case in which
regulations are based on numbers of fish, of fish
landed for each trip;
``(B) the species of fish or complex of fish taken;
and
``(C) the true price per pound paid to the owner or
operator of the vessel;''.
(2) Conforming amendment.--(A) Section 303(b) (16 U.S.C.
1853(b)) is amended by striking paragraphs (1) and (8).
(B) Section 304(d)(1) (16 U.S.C. 1854(d)(1)) is amended by
striking ``section 303(b)(1)'' and inserting ``section
303(a)(18)''.
SEC. 8. CONSERVING MARINE ECOSYSTEMS.
(a) Findings, Purposes, and Policy.--Section 2 (16 U.S.C. 1801) is
amended--
(1) in subsection (a) by striking paragraph (7) and
redesignating paragraphs (8), (9), and (10) as paragraphs (7),
(8), and (9);
(2) in subsection (b) by striking paragraph (6),
redesignating paragraph (7) as paragraph (8), and inserting
after paragraph (5) the following:
``(6) to assure that development of fisheries by the United
States fishing industry takes into consideration the ecosystem
needs of target species and the impacts of fishing on other
species in the ecosystem;
``(7) to promote management decisions incorporating the
precautionary approach, especially in cases in which the
effects of fishing are unknown or uncertain, in order to
maintain ecosystem health and sustainability; and''; and
(3) in subsection (c)(3)--
(A) by striking ``considers efficiency;'' and
inserting ``incorporates and applies ecosystem
principles; considers how fishing affects predator-prey
and other important ecological relationships within
marine ecosystems;''; and
(B) by striking ``avoid unnecessary waste'' and
inserting ``avoid waste''.
(b) Definitions.--Section 3(29) (16 U.S.C. 1802(29)) is amended--
(1) by striking ``fishery'' and inserting ``stock of
fish''; and
(2) by inserting before the period the following: ``or,
through direct or indirect impacts on other species,
jeopardizes the ecological integrity and sustainability of
marine ecosystems''.
(c) National Standards.--Section 301(a) (16 U.S.C. 1851(a)) is
further amended by adding at the end the following:
``(11) Conservation and management measures shall--
``(A) in any case in which information is
uncertain, unreliable, or inadequate, reduce risks by
setting reference points for each stock of fish that
take into account such uncertainty, unreliability, or
inadequacy and the action to be taken if such a
reference point is approached or exceeded;
``(B) take into account the direct and indirect
impacts of fishing on other species and their habitats
and the conservation of those species and their
habitats as important components of the ecosystem; and
``(C) allow the expansion of existing fisheries or
the development of new fisheries only after measures
are in place to prevent adverse impacts on the stocks,
associated species, and the ecosystem.''.
(d) Required Fishery Management Plan Provisions.--Section 303(a)
(16 U.S.C. 1853(a)) is further amended--
(1) in paragraph (1)(A) by inserting before the semicolon
the following ``and the ecosystem within which the fishery
functions''; and
(2) by adding at the end the following:
``(21) include a fishery impact statement for the plan or
amendment that shall assess, specify, and describe the likely
effects, if any, of the conservation and management measures on
other species, including key predator-prey interactions, in the
ecosystem, for the purpose of determining consistency with the
relevant Fisheries Ecosystem Plan as required under section
305(j).''.
(e) Fisheries Ecosystem Plans.--Section 305 (16 U.S.C. (1855)) is
amended by adding at the end the following:
``(j) Fisheries Ecosystem Plans.--(1) No later than 24 months after
the date of the enactment of the Fisheries Recovery Act of 2001--
``(A) the Secretary shall prepare, in conjunction with the
Councils and other scientific, fisheries, and conservation
interests as appropriate, and publish guidance for development
of Fisheries Ecosystem Plans under this subsection and provide
them to the Councils to facilitate development and
implementation of such plans within the time period prescribed
by this subsection; and
``(B) the Secretary shall issue regulations that establish
a process for preparing and developing such Fisheries Ecosystem
Plans that is consistent with the fishery management plan
process under section 304.
``(2) To assist in developing the guidance and regulations under
paragraph (1), the Secretary shall--
``(A) conduct workshops with the Councils and other
scientific, fisheries, and conservation interests;
``(B) identify the major ecosystems within each Council's
jurisdiction; and
``(C) develop at least one pilot fisheries ecosystem plan.
``(3) Each Council shall, within 24 months after the publication of
the guidance and regulations under paragraph (1) and based on the best
scientific information available, prepare and submit to the Secretary a
Fisheries Ecosystem Plan for each major marine ecosystem within its
jurisdiction. In the case in which significant portions of a major
ecosystem are in the jurisdictions of adjacent Councils, the Councils
shall jointly prepare a plan for the major ecosystem.
``(4) Each Fisheries Ecosystem Plan shall--
``(A) contain information on the structure and function of
the ecosystem in which fishing activities occur, including the
geographic extent of the ecosystem and its biological,
physical, and chemical dynamics, a description of the
significant food web including key predator-prey relationships,
and the habitat needs of different life stages of species that
make up the significant food web;
``(B) establish indices of ecosystem health and integrity;
``(C) describe how the information on ecosystem structure
and function is to be incorporated into the context of fishery-
specific management plans;
``(D) include specific recommendations for implementing
ecosystem protections in fishery management plans; and
``(E) outline a long-term monitoring program to evaluate
fishery-dependent and fishery-independent changes in the
ecosystem.
``(5) The Secretary shall review each Fisheries Ecosystem Plan
according to the guidance prepared pursuant to paragraph (1) and
approve or disapprove the plan, in whole or in part, according to the
process described in section 304. If the Secretary disapproves or
partially approves a plan, the Council shall revise and resubmit the
plan within 9 months after its disapproval.
``(6) If, within the 24-month period after publication of the
guidance and regulations required pursuant to paragraph (1), a Council
fails to develop and submit to the Secretary a Fisheries Ecosystem Plan
as required under this subsection, or if the Secretary disapproves in
whole or in part such a plan, the Secretary shall prepare a plan for
that ecosystem concerned within 33 months after the publication of the
guidance and regulations.
``(7)(A) The Secretary may not approve a fisheries management plan
or an amendment to such a plan, and such a plan or amendment shall not
be effective after the 30-month period beginning on the date the
Secretary approves or prepares a relevant Fisheries Ecosystem Plan,
unless the Secretary determines that the fisheries management plan or
amendment is consistent with the principles, goals, policies, and
recommendations of each relevant Fisheries Ecosystem Plan approved or
prepared by the Secretary.
``(B) Within 30 months after the date the Secretary approves or
prepares a final Fisheries Ecosystem Plan, each Council shall submit to
the Secretary any fishery management plans or plan amendments required
to make all fishery management plans under its jurisdiction consistent
with the principles, goals, policies, and recommendations of the
Fisheries Ecosystem Plan.
``(C) If a Council fails to submit any fishery management plan or
amendment required under subparagraph (A) before the end of the 30-
month period beginning on the date of such approval, or if the
Secretary disapproves in whole or in part such plan or amendment, the
Secretary shall prepare such plan or amendment within 39 months after
the date of such approval.''.
SEC. 9. COOPERATIVE RESEARCH AND DATA COLLECTION.
Section 305 (16 U.S.C. 1855) is further amended by adding at the
end the following:
``(k) Cooperative Research, Data Collection, and Gear Modification
Program.--In cooperation with the Councils, the fishing industry, the
conservation community, and interested academics, the Secretary shall
establish and conduct a cooperative research, data collection, and gear
modification program to--
``(1) conduct conservation engineering projects designed to
avoid bycatch, minimize the mortality of unavoidable bycatch,
or minimize fishery impacts on essential fish habitat through
modifications of fishing gear and practices;
``(2) identify ecosystem effects of fishing, to monitor
marine ecosystem trends and dynamics;
``(3) collect information on the status of stocks and the
life history of managed species;
``(4) provide financial assistance to fishermen to offset
the costs of modifying fishing practices and gear to meet the
requirements of this Act; and
``(5) provide financial or other incentives for fishermen
to develop and utilize fishing gear and practices that avoid
bycatch, the mortality of unavoidable bycatch, and adverse
impacts on essential fish habitat.''.
SEC. 10. ELIMINATION OF OVERFISHING AND REBUILDING OF OVERFISHED
POPULATIONS.
(a) Findings, Purposes, and Policy.--Section 2 (16 U.S.C. 1801) is
further amended--
(1) in subsection (a)(1) by striking ``valuable'' and
inserting ``ecologically and economically valuable'';
(2) in subsection (b)(3) by striking ``promote'' and
inserting ``provide for''; and
(3) in subsection (c)(6) by striking ``diversity'' and
inserting ``abundance and diversity''.
(b) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(1) in paragraph (5) by striking subparagraphs (ii) and
(iii) and inserting the following:
``(ii) irreversible, long-term, or significant
short-term adverse effects on fishery resources and the
marine environment are avoided;
``(iii) there will be a multiplicity of options
available with respect to future uses of these
resources; and
``(iv) when scientific uncertainty exists, explicit
buffers are established to account for such uncertainty
to prevent and stop overfishing.''; and
(2) in paragraph (37) by inserting before the period the
following: ``but, does not, in any case, include more than one
species of fish''.
(c) National Standards for Fishery Conservation and Management.--
Section 301(a) (16 U.S.C. 1851(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Conservation and management measures shall prevent
overfishing of each stock of fish while achieving, on a
continuing basis, the optimum yield from each fishery for the
United States.'';
(2) in paragraph (3) by striking ``as a unit'' the second
place it appears;
(3) in paragraph (5) by striking ``shall'' and inserting
``should'';
(4) in paragraph (6) by inserting before the period the
following: ``but no such measures shall allow the overfishing
of any stock of fish at any time''; and
(5) by amending paragraph (7) to read as follows:
``(7) Conservation and management measures shall, where
practicable, and consistent with needed conservation measures,
minimize costs and avoid unnecessary duplication.''.
(d) Required Fishery Management Plan Provisions.--Section 303(a)
(16 U.S.C. 1853(a)) is amended--
(1) in paragraph (1)(B) by striking ``and'' after the
semicolon;
(2) by striking paragraph (1)(C) and inserting the
following:
``(C) consistent with the national standards and
the other provisions of this Act, except such
consistency is not required if the regulations would
likely cause overfishing, allow continued overfishing,
or delay the rebuilding of any overfished species or
stock of fish managed under this Act; and
``(D) consistent with any other applicable law;'';
(3) in paragraph (5) by inserting after ``number of
hauls,'' the following: ``the number and species of all fish
caught in the course of the fishery,''; and
(4) by amending paragraph (10) to read as follows:
``(10)(A) specify objective and measurable criteria for
identifying when the fishery to which the plan applies is
overfished;
``(B) for purposes of such criteria, apply a definition of
the term `overfished' that is developed and expressed in terms
of a minimum level of spawning biomass and maximum level or
rate of fishing mortality, designed to ensure the restoration
and maintenance of a fish population's abundance, age
structure, sex ratio, and size structure so as to prevent the
population from dropping below a level capable of producing
maximum sustainable yield and maintain ecological integrity;
``(C) include an analysis of how the criteria were
determined and the relationship of the criteria to the
reproductive potential of stocks of fish in that fishery; and
``(D) in the case of a fishery that the Council or the
Secretary has determined is approaching an overfished condition
or is overfished, contain conservation and management measures
to prevent overfishing or end overfishing and rebuild the
fishery;''.
(e) Action by the Secretary.--Section 304(e) (16 U.S.C. 1854(e)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end of subparagraph (B), striking the period
at the end of subparagraph (C) and inserting ``; and'', and
adding at the end the following:
``(D) incorporate measures to protect essential
fish habitat for each overfished stock.'';
(2) by amending paragraph (5) to read as follows:
``(5) If, within the one-year period beginning on the date
of identification or notification that a fishery is overfished
or is approaching an overfished condition, the Council does not
submit to the Secretary a fishery management plan, plan
amendment, or proposed regulations required by paragraph (3),
the Secretary shall prepare a fishery management plan or
amendment and any accompanying regulations to prevent or stop
overfishing and rebuild affected stocks of fish within 9 months
under subsection (c).''; and
(3) by striking paragraph (7) and inserting the following:
``(7) The Secretary shall review any fishery management
plan, plan amendment, or regulations required by this
subsection at routine intervals that may not exceed two years.
If the Secretary finds as a result of the review or as a result
of any information provided to the Secretary that such plan,
amendment, or regulations have not resulted or are not likely
to result in ending overfishing and rebuilding affected fish
stocks in the timeframe required by subsection (4), the
Secretary shall--
``(A) in the case of a fishery to which section
302(a)(3) applies, immediately make revisions necessary
to end overfishing and rebuild overfished stocks as
required by this section; or
``(B) for all other fisheries, immediately notify
the appropriate Council and recommend to the Council
further conservation and management measures that the
Council should take under paragraph (3).''.
SEC. 11. PRECAUTIONARY APPROACH TO FISHERIES MANAGEMENT.
(a) Findings and Policy.--Section 2 (16 U.S.C. 1801) is amended--
(1) in subsection (a) by adding at the end the following:
``(11) Fishery management shall be based on the best
scientific information available and shall weigh in favor of
conservation when data are absent, uncertain, unreliable, or
inadequate.''; and
(2) in subsection (c)(3) by striking ``utilizes, and is
based upon,'' and inserting ``utilizes the precautionary
approach and is based upon''.
(b) Precautionary Approach Defined.--Section 3 (16 U.S.C. 1802) is
amended by adding at the end the following:
``(46) The term `precautionary approach' means--
``(A) exercising additional caution in favor of
conservation in any case in which information is
absent, uncertain, unreliable, or inadequate as to the
effects of any existing or proposed action on fish,
essential fish habitat, other marine species, and the
marine ecosystem in which a fishery occurs;
``(B) selecting and implementing any action that
will be significantly more likely than not to satisfy
the conservation objectives of this Act; and
``(C) taking into account past sustainable fishing
levels.''.
(c) National Standard for Fishery Conservation and Management.--
Section 301(a) (16 U.S.C. 1851) is amended by adding at the end the
following:
``(12) The precautionary approach shall apply to
conservation and management measures, in particular, and
without limitation, to the application of the national standard
set forth in paragraph (1).''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 4 (16 U.S.C. 1803) is amended to read as
follows:
``SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this Act the following:
``(1) For information collection and analysis--
``(A) $205,000,000 for fiscal year 2002;
``(B) $215,000,000 for fiscal year 2003;
``(C) $225,000,000 for fiscal year 2004;
``(D) $235,000,000 for fiscal year 2005; and
``(E) $240,000,000 for fiscal year 2006.
``(2) For conservation and management operations--
``(A) $126,000,000 for fiscal year 2002;
``(B) $132,000,000 for fiscal year 2003;
``(C) $139,000,000 for fiscal year 2004;
``(D) $146,000,000 for fiscal year 2005; and
``(E) $151,000,000 for fiscal year 2006.
``(3) For State and industry assistance programs,
$3,000,000 for each of fiscal years 2001, 2002, 2003, 2004,
2005, and 2006.
``(4) For the conservation of marine ecosystems under
section 305(j)--
``(A) $20,000,000 for fiscal year 2002;
``(B) $25,000,000 for fiscal year 2003;
``(C) $30,000,000 for fiscal year 2004;
``(D) $35,000,000 for fiscal year 2005; and
``(E) $40,000,000 for fiscal year 2006.''.
(b) Clerical Amendment.--The table of sections at the end of the
first section is amended by inserting after the item relating to
section 3 the following:
``Sec. 4. Authorization of appropriations.''.
SEC. 13. SALTONSTALL-KENNEDY ACT CHANGES.
Section 2 of the Act of August 11, 1939 (chapter 696; 15 U.S.C.
713c-3), popularly known as the Saltonstall-Kennedy Act, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by--
(i) striking subparagraph (B); and
(ii) striking ``(1) The Secretary'' and
inserting ``The Secretary'';
(B) by striking paragraph (2);
(C) by redesignating clauses (i) through (iv) as
paragraphs (1) through (4), and moving such paragraphs
4 ems to the left; and
(D) by adding at the end the following:
``(5) to implement sections 303(a)(19) and 305(k) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853(a)(19), 1855(k)).''; and
(2) in subsection (e), by striking so much as precedes
paragraph (2) and inserting the following:
``(e) Allocation of Fund Moneys.--(1) Notwithstanding any other
provision of law, all moneys in the fund shall be used exclusively for
the purpose of promoting United States fisheries in accordance with the
provisions of this section and such other purposes as are authorized by
this Act, and no such moneys shall be transferred from the fund for any
other purpose. Allocation of moneys pursuant to this subsection shall
be in addition to moneys appropriated for National Marine Fisheries
Service operations in a fiscal year. With respect to any fiscal year,
all moneys in the fund, including the sum of all unexpended moneys
carried over into that fiscal year and all moneys transferred to the
fund under subsection (b) of this section or any other provision of law
with respect to that fiscal year, shall be allocated as follows:
``(A) The Secretary shall use $5,000,000 to make direct
industry assistance grants to develop United States fisheries
and to expand domestic and foreign markets for United States
fishery products pursuant to subsection (c).
``(B) The Secretary shall use $50,000,000 pursuant to
section 2(a)(5).
``(C) The Secretary shall use the balance of the moneys in
the fund to finance those activities of the National Marine
Fisheries Service that are directly related to implementation
of the Magnuson-Stevens Fishery Conservation and Management
Act.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
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