[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3645 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3645

 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

                           November 21, 2003

 Mr. Young of Alaska 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:

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

``315. Compliance with National Environmental Policy Act of 1969.''.

SEC. 4. BERING SEA AND ALEUTIAN ISLAND CRAB RATIONALIZATION PROGRAM 
              ADJUSTMENT.

    As of the effective date of any Act implementing the Bering Sea and 
Aleutian Islands Crab Rationalization Program approved by the North 
Pacific Fishery Management Council, that Program is amended to require 
that--
            (1) Blue Dutch, LLC, shall receive ``Class A'' crab 
        processing quota shares equal to 1.5 percent of the total 
        allowable catch for each of the following fisheries: the 
        Bristol Bay red king crab fishery, the Bering Sea C. opilio 
        crab fishery, the Bering Sea C. bairdi crab fishery, the St. 
        Matthew blue king crab fishery, and the Pribilof blue and red 
        king crab fishery; and
            (2) the Program implementing regulations shall include 
        proportionate reductions of ``Class A'' crab processing quota 
        shares for other holders of such shares so that the total of 
        all ``Class A'' crab processing quota shares for the fisheries 
        referred to in paragraph (1), including the amount specified in 
        paragraph (1), equals 90 percent of the total allowable catch.

SEC. 5. ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

    (a) Eligibility.--All communities currently approved for 
participation in the western Alaska community development quota 
program, either listed in table 7 to part 679 of title 50, Code of 
Federal Regulations, or approved by the National Marine Fisheries 
Service on April 19, 1999, are deemed to have met the eligibility 
criteria for participation in the program, under criteria set forth in 
section 305(i)(1)(B) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855(i)(1)(B)). Additional communities 
meeting this criteria may be approved for eligibility in the future.
    (b) Allocation.--Section 206(a) of title II of division C of Public 
Law 105-277 (112 Stat. 2681-621) is amended by striking ``1999, 10'' 
and inserting ``2004, 12''.

SEC. 6. REPORT REGARDING TREATMENT OF INTERNATIONAL FISHERY COMMISSION 
              PENSIONERS.

    The President shall--
            (1) determine the number of United States citizens who--
                    (A) served as employees of the International 
                Pacific Salmon Fisheries Commission or the 
                International North Pacific Fisheries Commission; and
                    (B) worked in Canada in the course of employment 
                with that commission;
            (2) calculate for each such employee the difference 
        between--
                    (A) the value, in United States currency, of the 
                annuity payments made and to be made (determined by an 
                actuarial valuation) by or on behalf of each such 
                commission to the employee; and
                    (B) the value, in Canadian currency, of such 
                annuity payments; and
            (3) by not later than September 1, 2004, submit to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Commerce, Science and Transportation of the Senate 
        a report on the determinations and calculations made under 
        paragraphs (1) and (2).
                                 <all>