[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>