[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2890 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2890

   To protect the public's ability to fish for sport, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To protect the public's ability to fish for sport, 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 ``Freedom to Fish Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Recreational fishing is traditionally one of the most 
        popular outdoor sports with more than 50,000,000 participants 
        of all ages, in all regions of the country.
            (2) Recreational fishing makes a substantial contribution 
        to the local, State, and national economies. According to the 
        most recent economic figures, recreational fishing infuses 
        $116,000,000,000 annually into the national economy. 
        Nationally, over 1,200,000 jobs are related to recreational 
        fishing; this represents approximately 1 percent of the 
        nation's entire civilian work force. For those communities and 
        small businesses that rely on seasonal tourism, the 
        expenditures of recreational anglers result in substantial 
        benefits to the local economies.
            (3) Recreational anglers have long demonstrated a 
        conservation ethic through their support of reasonable 
        fisheries management laws and regulations including minimum 
        size requirements, possession limits, and seasonal closures, as 
        well as through their voluntary practice of catch-and-release 
        fishing when appropriate.
            (4) In addition to payment of Federal excise taxes on 
        fishing equipment, motorboats, and fuel, as well as license 
        fees, recreational anglers contribute over $500,000,000 
        annually to State fisheries conservation management programs 
        and projects.
            (5) It is a long standing policy of the Federal Government 
        to allow public access to public lands and waters for 
        recreational purposes consistent with sound conservation. This 
        policy is reflected in the National Forest Management Act of 
        1976, the National Wildlife Refuge System Administration Act of 
        1966, the Wilderness Act, the Wild and Scenic Rivers Act, and 
        the National Parks and Recreation Act of 1978.
            (6) In most instances, recreational fishery resources can 
        be maintained through a variety of management measures 
        including minimum size requirements, possession limits, and 
        seasonal closures, without restricting public access to places 
        to fish.
            (7) Comprehensive standards must be established to 
        demonstrate to the public that recreational fishing can be 
        managed effectively without unnecessarily closing marine waters 
        and to direct the implementation, use, and monitoring of marine 
        protected areas.

SEC. 3. POLICY.

    Consistent with sound marine conservation, it is the policy of the 
Congress in this Act--
            (1) to create standards to direct the implementation, use, 
        and monitoring of marine protected areas;
            (2) to ensure that all Federal regulations promote open 
        access for recreational fishing to the maximum extent 
        practicable;
            (3) to ensure that recreational anglers will be actively 
        involved in any regulatory procedures that contemplate 
        restrictions on their access to places to fish; and
            (4) to ensure that whenever access to fishing places is 
        restricted, the restricted areas are as small as scientifically 
        necessary to provide for the conservation of the fishery 
        resource.

SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT 
              AMENDMENT.

    Section 303(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853(a)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (13);
            (2) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery; and;''; and
            (3) by adding at the end the following:
            ``(15) not establish areas closed to recreational fishing 
        unless--
                    ``(A) there is a clear indication that recreational 
                fishermen are the cause of a specific conservation 
                problem and that less severe conservation measures, 
                including minimum size requirements, possession limits, 
                seasonal closures, or gear restrictions, will not 
                adequately provide for conservation and management of 
                the affected stocks of fish as determined by the 
                appropriate Regional Fishery Management Council;
                    ``(B) the closed area regulation includes specific 
                measurable criteria to determine the conservation 
                benefit of the closed area on the affected stocks of 
                fish and provides a timetable for periodic review of 
                the continued need for the closed area at least once 
                every 3 years;
                    ``(C) the closed area is no larger than that which 
                is supported by the best available scientific 
                information; and
                    ``(D) provisions are made to reopen the closed area 
                to recreational fishing whenever the basis of the 
                closure no longer exists.''.
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