[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5030 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5030

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to clarify the definition of ``essential fish habitat'', and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2002

    Mr. Young of Alaska (for himself and Mr. Hansen) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to clarify the definition of ``essential fish habitat'', 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. ESSENTIAL FISH HABITAT.

    (a) Definition.--Section 3(10) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802(10)) is amended to read 
as follows:
            ``(10) The term `essential fish habitat' means those marine 
        waters and discrete, unique benthic structures that--
                    ``(A) exist within the exclusive economic zone only 
                in discrete areas; and
                    ``(B) have been determined to be crucial to 
                spawning, breeding, and the continued production of a 
                specific stock of fish.''.
    (b) Minimization of Adverse Impacts on Essential Fish Habitat.--
Section 303 of such Act (16 U.S.C. 1853) is amended--
            (1) in subsection (a)(7) by striking ``, minimize'' and all 
        that follows through ``fishing,''; and
            (2) in subsection (b)(4) by inserting before the semicolon 
        the following: ``, and including measures to minimize to the 
        extent practicable adverse effects on essential fish habitat 
        described and identified in the plan that are caused by 
        fishing''.

SEC. 2. DURATION OF MEASURES TO REBUILD OVERFISHED FISHERIES.

    Section 304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) is 
amended to read as follows:
                            ``(ii) not exceed 10 years, except in cases 
                        where--
                                    ``(I) the biology of the stock of 
                                fish, other environmental conditions, 
                                or management measures under an 
                                international agreement in which the 
                                United States participates dictate 
                                otherwise;
                                    ``(II) the Secretary determines 
                                that such 10-year period should be 
                                extended because the cause of the 
                                fishery decline is outside the 
                                jurisdiction of the Council or the 
                                rebuilding program cannot be effective 
                                only by limiting fishing activities; or
                                    ``(III) the Secretary determines 
                                that such 10-year period should be 
                                extended for one or more overfished 
                                components of a multi-species 
                                fishery.''.

SEC. 3. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) In General.--Title III of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1851 et seq.) 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 
applicable provisions of 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)).''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended--
            (1) by striking the first item relating to section 312 and 
        inserting the following:

        ``Sec. 312. Transition to sustainable fisheries.''; and
            (2) by striking the item following the item relating to 
        section 314 and inserting the following:

        ``Sec. 315. Compliance with National Environmental Policy Act 
                            of 1969.''.
                                 <all>