[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3110 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3110

     To require further study before amendment 13 to the Northeast 
       Multispecies (Groundfish) Management Plan is implemented.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2002

  Ms. Collins introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To require further study before amendment 13 to the Northeast 
       Multispecies (Groundfish) Management Plan is implemented.

    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 Management Fairness Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Representatives from the Northeast Science Center 
        testified on September 11, 2002, at the New England Fishery 
        Management Council that a cable that attached scientific survey 
        gear to the National Oceanic and Atmospheric Administration 
        ship Albatross IV had inaccurately marked length intervals.
            (2) The mismarked length intervals were used to determine 
        the length of cable that was deployed during 8 bottom trawl 
        surveys conducted by the Northeast Fishery Science Center.
            (3) The bottom trawler surveys collect data to measure 
        long-term increases and decreases in populations of fish 
        stocks. This data is the basis for fisheries management 
        decisions regarding the rebuilding of overfished stocks.
            (4) The mismarking of the cable, which caused the survey 
        net to be dragged at an angle, calls into question the quality 
        of the data produced by the bottom trawl surveys.
            (5) The provisions of amendment 13 to the Northeast 
        Multispecies (Groundfish) Management Plan to be developed using 
        the data collected by the gear attached to the mismarked cable.
            (6) Fisheries management plans, such as amendment 13 to the 
        Northeast Multispecies (Groundfish) Management Plan, can 
        effectively conserve and maintain fish stocks only if the 
        management actions contained in such plans are based on 
        accurate data that show long-term stock trends.
            (7) Scientists at the National Marine Fisheries Service 
        conducted an observation cruise and a performance review 
        workshop with representatives of the fishing industry to 
        examine the effect the mismarked cable had on the accuracy of 
        the survey data. The scientists concluded that additional 
        research is required to determine the full extent to which the 
        mismarked cable compromised the survey data.
            (8) The data collected using gear attached to the mismarked 
        cable cannot be relied on to develop an amendment to the 
        Northeast Multispecies (Groundfish) Management Plan by the 
        August 22, 2003, deadline set by the United States District 
        Court in Conservation Law Foundation v. Evans, 211 F. Supp. 2d 
        55, 57-58 (D.D.C. 2003).

SEC. 3. DELAY OF DEVELOPMENT OF AN AMENDMENT TO THE NORTHEAST 
              MULTISPECIES (GROUNDFISH) MANAGEMENT PLAN.

    (a) Delay of Development.--Notwithstanding section 304(e) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1854(e)) or any other provision of law, Amendment 13 to the Northeast 
Multispecies (Groundfish) Management Plan may not be developed during 
the 2 year period that begins on the date of the enactment of this Act.
    (b) Purpose.--The purposes of the delay required by subsection (a) 
are to allow sufficient time to--
            (1) determine the reliability of the data collected by the 
        scientific survey gear attached to the mismarked cable deployed 
        by the National Oceanic and Atmospheric Administration ship 
        Albatross IV during 8 bottom trawl surveys conducted by the 
        Northeast Fishery Science Center; and
            (2) collect accurate data that can be relied on to develop 
        an amendment to the Northeast Multispecies (Groundfish) 
        Management Plan.
    (c) Northeast Multispecies (Groundfish) Management Plan.--In this 
Act, the term ``Northeast Multispecies (Groundfish) Management Plan'' 
means the Northeast Multispecies (Groundfish) Management Plan prepared 
by the New England Fishery Management Council pursuant to section 302 
of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1852).
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