108th CONGRESS
1st Session
S. 482
To reauthorize and amend the Magnuson-Stevens Fishery Conservation
and Management Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 27, 2003
Ms. COLLINS introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
A BILL
To reauthorize and amend the Magnuson-Stevens Fishery Conservation
and Management Act, 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 Science and Management Improvement
Act of 2003'.
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT
ACT.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
SEC. 3. ENSURING USE OF BEST SCIENTIFIC INFORMATION AVAILABLE.
(a) DEFINITION OF BEST SCIENTIFIC INFORMATION AVAILABLE- Section 3 (16 U.S.C.
1802) is amended by adding at the end the following:
`(47) The term `best scientific information available', with respect to
fishery conservation and management and stocks of fish, means information
that--
`(A) is directly related to the specific issue under consideration;
`(B) is based on a statistically valid sample such that any conclusions
drawn are reasonably supported and not speculative;
`(C) has been independently peer-reviewed;
`(D) has been collected within a period that is reasonably related to
the specific issue under consideration;
`(E) is consistent with information that is available from other reliable
sources; and
`(F) may include, but not consist solely of, anecdotal information collected
from the harvesting and processing of fish.'.
(b) PROHIBITION ON USE OF OTHER INFORMATION IN FISHERY MANAGEMENT DECISIONS-
Section 301(a)(2) (16 U.S.C. 1851(a)(2)) is amended by inserting `only' after
`shall be based upon'.
SEC. 4. PEER REVIEW OF STOCK ASSESSMENTS.
(a) STOCK ASSESSMENT DEFINED- Section 3 (16 U.S.C. 1802), as amended by section
3(a), is further amended by adding at the end the following:
`(48) The term `stock assessment' means a report that contains an assessment
of the health of a stock of fish, including estimates for such stock of--
`(B) the population that is of spawning size;
`(C) the rate of mortality; and
`(D) the rate of recruitment.'.
(b) SCIENTIFIC REVIEW COMMITTEES- Section 302(g) (16 U.S.C. 1852(g)) is amended
by adding at the end the following:
`(6)(A) Each Council may establish one or more scientific review committees
to conduct peer reviews of all stock assessments prepared for fisheries
under the Council's jurisdiction.
`(B) A committee established under this paragraph by a Council shall consist
of at least one member from each of the committees established under paragraphs
(1) and (3) by the Council, at least one member who is not affiliated with
the authors of the stock assessments under review, and such other members
as the Council considers appropriate, excluding the authors of the stock
assessment reviewed by the committee.'.
(c) REQUIREMENT TO CONDUCT REVIEWS- Section 404 (16 U.S.C. 1881(c)) is amended
by adding at the end the following:
`(e) INDEPENDENT PEER REVIEW- The Secretary shall conduct an independent and
confidential peer review of any stock assessment conducted under this section
before the assessment is used to further the purposes, policy, and provisions
of this Act. The review shall consider the peer review of the stock assessment
conducted by a scientific review committee established under section 302(g)(6).'.
SEC. 5. OBSERVERS.
(a) FISHERY MANAGEMENT PLAN REQUIREMENT- Section 303(a) (16 U.S.C. 1853(a))
is amended--
(1) by striking `and' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and inserting `;
and'; and
(3) by adding at the end the following:
`(15) to the extent that observers are deployed on a fishing vessel that
is a vessel of the United States or to a United States fish processor under
the provisions of the fishery management plan or regulations implementing
the fishery management plan, comply with the goals and objectives required
under subsection (e).'.
(b) REQUIREMENTS FOR UNITED STATES OBSERVER PROGRAMS- Section 303 (16 U.S.C.
1853) is amended by adding at the end the following:
`(e) REQUIREMENTS FOR UNITED STATES OBSERVER PROGRAMS- (1) Before establishing
under this Act a program that, with respect to a fishery, utilizes observers
deployed on a fishing vessel that is a vessel of the United States or observers
deployed to a United States fish processor, the Council with jurisdiction
over the fishery, shall establish--
`(A) a set of goals and objectives and an implementation schedule for the
program; and
`(B) a statistically reliable method for achieving such goals and objectives.
`(2) In the case of a highly migratory species fishery, the Secretary, instead
of a Council, shall take actions required of the Council under paragraph (1).
`(3) The goals and objectives required under paragraph (1) shall ensure that--
`(A) the various harvesting and processing sectors in the fishery are treated
equitably;
`(B) the costs of the program are appropriately shared by all beneficiaries,
including participants in other fisheries; and
`(C) a fishing vessel or fish processor to which an observer is deployed
is not, as a result of that deployment, put at a disadvantage with respect
to other vessels or processors in that fishery or in other fisheries.'.
SEC. 6. ESSENTIAL FISH HABITAT.
(a) HABITAT AREAS OF PARTICULAR CONCERN DEFINED- Section 3 (16 U.S.C. 1802),
as amended by section 4(a), is further amended--
(1) in paragraph (10), by striking `waters' and all that follows and inserting
`marine waters and discrete, unique, benthic structures that--
`(A) exist within an exclusive economic zone, but only in discrete areas;
and
`(B) have been determined under regulations issued by the Secretary to
be crucial to spawning, breeding, and the continued production of a specific
stock of fish.'; and
(2) by adding at the end the following:
`(49) The term `habitat area of particular concern' means any area that--
`(A) is a discrete, vulnerable subunit of essential fish habitat that
is required for a stock to sustain itself; and
`(B) is designated in a fishery management plan under the national criteria
issued by the Secretary under section 305(b)(1)(E).'.
(b) SPECIFICATION OF NATIONAL CRITERIA- Section 305(b)(1) (16 U.S.C. 1855(b)(1))
is amended by adding at the end the following:
`(E)(i) Not later than 1 year after the date of the enactment of the Fisheries
Science and Management Improvement Act of 2003, the Secretary shall issue
national criteria for designating a habitat as a habitat area of particular
concern.
`(ii) The national criteria shall, at a minimum, include a requirement that
the designation of a habitat as a habitat area of particular concern be based
on information regarding habitat-specific density of a fish stock, and growth,
reproduction, and survival rates of that stock within the designated area.'.
(c) DESCRIPTION IN FISHERY MANAGEMENT PLANS- Section 303(a)(7) (16 U.S.C.
1853(a)(7)) is amended to read as follows:
`(7)(A) describe and identify habitat areas of particular concern for the
fishery based on the guidelines established by the Secretary under section
305(b)(1)(A);
`(B) minimize to the extent practicable adverse effects on habitat areas
of particular concern caused by fishing that prevent a stock of fish from
sustaining itself on a continuing basis; and
`(C) identify other actions to encourage the conservation and enhancement
of such habitat areas.'.
(d) GUIDELINES, RECOMMENDATIONS, AND INFORMATION OF SECRETARY- Section 305(b)
(16 U.S.C. 1855(b)) is amended--
(A) in subparagraph (A)--
(i) by striking `shall, within 6 months of the date of enactment of
the Sustainable Fisheries Act,' and inserting `shall'; and
(ii) by striking `essential fish habitat' each place it appears and
inserting `habitat areas of particular concern';
(B) in subparagraph (B)--
(i) by striking `essential fish habitat' and inserting `habitat areas
of particular concern'; and
(ii) by striking `the habitat' both places it appears and inserting
`such habitat areas'; and
(C) in subparagraphs (C) and (D), by striking `essential fish habitat'
each place it appears and inserting `habitat areas of particular concern';
(2) in paragraph (2), by striking `essential fish habitat' and inserting
`habitat areas of particular concern';
(3) in paragraph (3), by striking `essential fish habitat' each place it
appears and inserting `habitat areas of particular concern'; and
(A) in subparagraph (A)--
(i) by striking `essential fish habitat' and inserting `habitat areas
of particular concern'; and
(ii) by inserting `areas' after `such habitat'; and
(B) in subparagraph (B) by inserting `areas' after `such habitat'.
SEC. 7. DETERMINING AND REBUILDING OVERFISHED FISHERIES.
(a) DEFINITIONS- Section 3 (16 U.S.C. 1802), as amended by section 6(a), is
further amended--
(1) by striking paragraph (29) and inserting the following:
`(29)(A) The term `overfished' refers to a stock of fish that, as a result
of fishing, is at a population level beneath that necessary to produce 50
percent of the maximum sustainable yield.
`(B) The term `overfishing' means a rate or level of harvest by commercial
and recreational fishing that results in a reduction in the population level
of the fish stock beneath that necessary to produce 50 percent of the maximum
sustainable yield.'; and
(2) by adding at the end the following:
`(50) The term `carrying capacity' means the maximum population level of
a stock of fish that the current state of the environment will support and
which changes as the state of the environment changes.
`(51) The term `maximum sustainable yield' means the long-term average maximum
amount of surplus production that can be removed on an annual basis by both
commercial and recreational fishermen that could be continuously taken from
a stock of fish under the existing carry capacity, and which is adjusted
as the carrying capacity changes.
`(52) The term `surplus production', with respect to a stock of fish, means
any quantity of fish that is removed from the stock of fish which, when
added to the quantity of fish foreseeably lost from this stock due to natural
mortality, exceeds the quantity of fish the stock of fish is capable of
reproducing through growth and reproduction.'.
(b) DETERMINATION AND REBUILDING PROCESS- Section 304(e) (16 U.S.C. 1854(e))
is amended--
(A) by striking `(1)' and inserting `(1)(A)';
(B) by striking `fisheries' each place it appears and inserting `stocks
of fish';
(C) by striking the last sentence and inserting the following: `A stock
of fish shall be classified as approaching a condition of being overfished
if, based on the best scientific information available and other appropriate
factors, the Secretary estimates that the stock of fish will become overfished
within two years.'; and
(D) by adding at the end the following:
`(B) If the Secretary determines that insufficient information is available
on which to conclude that a stock of fish is approaching a condition of being
overfished, the Secretary shall immediately notify the appropriate Council
and within one year after such notification implement a cooperative research
program designed to provide the information needed to determine whether or
not the stock of fish is approaching a condition of being overfished.';
(2) by striking paragraph (2) and inserting the following:
`(2) If the Secretary determines at any time that a stock of fish is overfished,
the Secretary shall immediately notify the appropriate Council and request
that action be taken to end overfishing and to implement conservation and
management measures to rebuild the stock of fish. In the case of a multispecies
fishery, such conservation and management measures shall not require that
fishing be reduced for those stocks of fish that are not overfished. The Secretary
shall publish each notification under this paragraph in the Federal Register.';
(A) by striking `Within one year of' and inserting `Within three years
after'; and
(B) in subparagraph (A), by striking `to end overfishing' and inserting
`to address overfishing';
(A) by striking `For a fishery that is overfished', and inserting `For
a fishery that has an overfished stock of fish,'; and
(B) by striking subparagraph (A) and inserting:
`(A) specify a period for addressing overfishing and rebuilding the overfished
stock or stocks in the fishery that is as brief as practicable, taking
into account the status, biology, and carrying capacity of any overfished
stocks, the best scientific information available, the cumulative social
and economic impacts, recommendations by international organizations in
which the United States participates, and the
interaction of the overfished stock or stocks within the marine ecosystem;';
(A) by striking `within the one-year period' and inserting `within the
three-year period';
(B) by striking `that a fishery is overfished' and inserting `that one
or more stocks of fish in a fishery are overfished'; and
(C) by striking `regulations to stop overfishing' and inserting `regulations
to address overfishing';
(6) in the second sentence of paragraph (6), by striking `to stop overfishing
of a fishery' and inserting `to address overfishing of a stock or stocks
of fish in a fishery effectively'; and
(A) in the first sentence, by inserting `and the best scientific information
available related to the fishery management plan, plan amendment, or regulations'
before `at routine intervals';
(B) in the second sentence, by striking `ending overfishing' and inserting
`effectively addressing overfishing, sufficient data collection,';
(C) by striking `or' at the end of subparagraph (A);
(D) by striking the period at the end of subparagraph (B) and inserting
`; or'; and
(E) by adding at the end the following:
`(C) design and implement a cooperative research program to collect the
best scientific information available for such fish stocks.'.
SEC. 8. OPTIMUM YIELD CAP.
Section 3(28)(B) (16 U.S.C. 1802(28)(B)) is amended by striking `reduced'
and inserting `modified'.
SEC. 9. NATIONAL STANDARD REGARDING CUMULATIVE IMPACTS.
Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is amended to read as follows:
`(8) Conservation and management measures shall, consistent with the conservation
requirements of this Act (including the prevention of overfishing and rebuilding
of overfished stocks), take into account the importance of fishery resources
to fishing communities, and the cumulative economic and social impact of
fishery conservation and management measures on such communities, in order
to--
`(A) provide for the sustained participation of such communities; and
`(B) minimize, to the extent practicable, adverse economic impacts on
such communities.'.
SEC. 10. FINDINGS, PURPOSE, AND POLICY REGARDING FISH AS FOOD.
(a) FINDINGS- Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the
end the following:
`(11) Fish comprise an important natural renewable resource of food, and
fisheries have performed a traditional and essential role in providing high-quality,
protein-laden food for human use.
`(12) Fish comprise an important source of essential nutrients, particularly
Omega-3 fatty acids, and medical scientists agree that some of the world's
most serious diseases can be prevented by increased consumption of fish.'.
(b) PURPOSE- Section 2(b) (16 U.S.C. 1801(b)) is amended--
(1) by striking `and' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting `;
and'; and
(3) by adding at the end the following:
`(8) to promote conservation and management of fishery resources that will
enhance food supply, income, and economic growth of the United States.'.
(c) POLICY- Section 2(c) (16 U.S.C. 1801(c)) is amended--
(1) by striking `and' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting `;
and'; and
(3) by adding at the end the following:
`(8) to ensure that conservation and management measures contribute to the
food supply, economy, and health of the United States.'.
SEC. 11. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) IN GENERAL- Title III is amended by adding at the end the following:
`SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
`Any fishery management plan, amendment to such a plan, or regulation implementing
such a plan that is prepared in accordance with sections 303 and 304 of this
Act is deemed to have been prepared in compliance with the requirements of
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).'.
SEC. 12. TECHNICAL CORRECTION AND CLINICAL AMENDMENTS.
(a) DEFINITION- Section 3 (16 U.S.C. 1802) is amended by redesignating the
paragraph (33) (relating to waters of a foreign nation) that follows paragraph
(45) as paragraph (46).
(b) TABLE OF CONTENTS- The table of contents in the first section is amended--
(1) by striking the following items:
`Sec. 312. Effective date of certain provisions.
`Sec. 313. North Pacific fisheries research plan.
`Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment Program.';
(2) by adding at the end the following:
`Sec. 315. Compliance with National Environmental Policy Act of 1969.'.
END
