[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4706 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4706

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to provide for stewardship of fishery resources for the American 
                    public, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2004

 Mr. Rahall (for himself, Mr. Farr, Mr. Jackson of Illinois, Ms. Lee, 
Ms. McCollum, Mrs. Capps, Mr. George Miller of California, Mr. Wexler, 
   Mr. Grijalva, Mr. Gutierrez, Mr. Case, Mr. Moran of Virginia, Mr. 
  Honda, Mr. Kucinich, Mr. Van Hollen, and Mr. Schiff) 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 provide for stewardship of fishery resources for the American 
                    public, 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 Management Reform Act of 
2004''.

SEC. 2. AMENDMENT REFERENCES.

     Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to such section or other provision of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. REPRESENTATION OF THE PUBLIC INTEREST ON REGIONAL FISHERY 
              MANAGEMENT COUNCILS.

    (a) Appointment of Members by Administrator.--
            (1) Appointment of members.--Section 302 (16 U.S.C. 1852) 
        is amended--
                    (A) by striking ``appointed by the Secretary'' each 
                place it appears and inserting ``appointed by the 
                Administrator of the National Oceanic and Atmospheric 
                Administration'';
                    (B) in paragraphs (2) and (6) of subsection (b) by 
                striking ``The Secretary'' each place it appears and 
                inserting ``The Administrator of the National Oceanic 
                and Atmospheric Administration'';
                    (C) in paragraph (5)(A) of subsection (b) by 
                striking ``The Secretary'' the first and second places 
                it appears and inserting ``The Administrator of the 
                National Oceanic and Atmospheric Administration'';
                    (D) in subsection (b) by striking ``the Secretary'' 
                each place it appears, other than in paragraph (6)(B), 
                and inserting ``the Administrator''; and
                    (E) in subsection (b)(2)(B)(iii) by striking ``the 
                Secretary's'' and inserting ``the Administrator's''.
            (2) Application with respect to current members of 
        councils.--
                    (A) Appointment not affected.--The amendment made 
                by paragraph (1)(A) shall not affect any appointment by 
                the Secretary of Commerce made before the date of the 
                enactment of this Act.
                    (B) Removal.--In applying section 302(b)(6) of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act, as amended by this subsection, to a member of a 
                Regional Fishery Management Council appointed before 
                the date of the enactment of this Act, ``by the 
                Secretary'' shall be substituted for ``by the 
                Administrator''.
    (b) Representation by State Officials.--Section 302(b)(1)(A) (16 
U.S.C. 1852(b)(1)(A)) is amended by adding at the end the following: 
``Such official shall represent the interests of the general public.''.
    (c) Allocation of Appointments.--Section 302(b)(2)(B) (16 U.S.C. 
1852(b)(2)(B)) is amended in the first sentence--
            (1) by striking ``of the active participants'' and 
        inserting ``among the active participants''; and
            (2) 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''.
    (d) Consultation by States in Submitting Nominees.--Section 
302(b)(2)(C) (16 U.S.C. 1852(b)(2)(C)) is amended--
            (1) in the second sentence by inserting ``and 
        representatives of conservation organizations'' after 
        ``commercial and recreational fishing interests''; and
            (2) by striking the third sentence and inserting the 
        following: ``Each list shall consist of a broad slate of 
        candidates for each vacancy, shall include at least two 
        representatives from each of the commercial fishing industry 
        sector, the recreational fishing sector, and the marine fish 
        conservation public interest sector who do not derive any of 
        their annual income from commercial or recreational fishing, 
        and shall consist solely of individuals who are knowledgeable 
        regarding the conservation and management of the fishery 
        resources of the geographic area concerned.''.
    (e) Training of Appointed Members.--
            (1) Training requirement.--Section 302(b) (16 U.S.C. 
        1852(b)) is amended by adding at the end the following:
            ``(7) Training of appointed members.--
                    ``(A) In general.--The Secretary shall provide to 
                each member of a Council appointed by the Secretary 
                under this subsection, by not later than 6 months after 
                the date of the member's appointment, training in 
                matters relating to the functions of the Council, 
                including--
                            ``(i) fishery science and basic fish stock 
                        assessment;
                            ``(ii) social science and fishery 
                        economics;
                            ``(iii) the requirements of this Act, the 
                        National Environmental Policy Act of 1969, 
                        chapter 5 of title 5, United States Code 
                        (popularly known as the Administrative 
                        Procedures Act), and other relevant statutes or 
                        regulations;
                            ``(iv) conflict of interest policies that 
                        apply to Council members; and
                            ``(v) the public process for developing 
                        fishery management plans.
                    ``(B) Restriction on voting.--A member of a Council 
                to whom the Secretary is required to provide training 
                under this paragraph may not vote on any decision of 
                the Council before the date the member completes such 
                training.''.
            (2) Limitation on application.--The amendment made by 
        paragraph (1) shall not apply to a member of a Regional Fishery 
        Management Council appointed before the date of the enactment 
        of this Act.
    (f) Technical Correction.--Section 302(b)(2)(B) (16 U.S.C. 
1852(b)(2)(B)) is amended in the second sentence by striking ``Merchant 
Marine and Fisheries'' and inserting ``Resources''.

SEC. 4. QUALIFICATION OF VOTING COUNCIL MEMBERS; DISCLOSURE OF 
              FINANCIAL INTEREST AND RECUSAL.

    (a) Qualifications of Voting Council Members.--Section 302(b)(2)(A) 
(16 U.S.C. 1852(b)(2)(A)) is amended by--
            (1) inserting after ``geographical area concerned'' the 
        following: ``, and must not have been found by the Secretary, 
        after notice and an opportunity for a hearing in accordance 
        with section 554 of title 5, United States Code, to have 
        committed an act prohibited by section 307(1)(D), (E), (F), 
        (H), (I), or (L) or section 307(2)''; and
            (2) striking ``of the Fishery Conservation Amendments of 
        1990'' and replacing with ``of the Fisheries Management Reform 
        Act of 2004''.
    (b) Disclosure of Financial Interest and Recusal.--
            (1) Amendments relating to disclosure and recusal.--Section 
        302(j) (16 U.S.C. 1852(j)) is amended as follows:
                    (A) By striking the heading and inserting 
                ``Disclosure of Financial Interest and Recusal.--''.
                    (B) By striking paragraph (6), and redesignating 
                paragraphs (7) and (8) in order as paragraphs (6) and 
                (7).
                    (C) In paragraph (6), as so redesignated, by 
                striking so much as precedes subparagraph (B) and 
                inserting the following:
            ``(6) Prohibition on participation.--(A)(i) An affected 
        individual shall not vote on a Council decision that would have 
        an effect on a financial interest that the individual is 
        required to disclose under paragraph (2).
            ``(ii) An affected individual who is prohibited from voting 
        on a Council decision may not participate in any Council 
        deliberations relating to the decision.''.
                    (D) In paragraph (6)(B), as so redesignated--
                            (i) by inserting ``or a member of the 
                        public'' after ``an affected individual''; and
                            (ii) by striking ``would have a significant 
                        and predictable effect on a financial 
                        interest'' and inserting ``would have an effect 
                        on the financial interest of an affected 
                        individual''.
                    (E) In paragraph (6)(C), as so redesignated, by 
                inserting ``, or member of the public,'' after ``Any 
                Council member''.
                    (F) In paragraph (6), as so redesignated, by 
                striking subparagraph (D) and redesignating 
                subparagraphs (E) and (F) in order as subparagraphs (D) 
                and (E).
                    (G) In paragraph (6)(D), as so redesignated--
                            (i) by striking ``may not'' and inserting 
                        ``shall''; and
                            (ii) by inserting before the period the 
                        following: ``, if the Secretary determines that 
                        the Council decision had an effect on the 
                        financial interest of an affected individual 
                        and the affected individual's vote decided the 
                        Council action''.
                    (H) By amending paragraph (6)(E), as so 
                redesignated, to read as follows:
            ``(E) The Secretary, in consultation with the Councils and 
        by not later than one year after the date of enactment of the 
        Fisheries Management Reform Act of 2004, shall promulgate 
        regulations that allow for the making of determinations under 
        subparagraphs (B) and (C).''.
            (2) Conforming amendment.--Section 307(1)(O) (16 U.S.C. 
        1857(1)(O)) is amended by striking ``302(j)(7)(A)'' and 
        inserting ``307(j)(6)(A)''.

SEC. 5. REGIONAL SCIENCE AND TECHNICAL TEAMS.

     Section 302(g) (16 U.S.C. 1852(g)) is amended--
            (1) by redesignating paragraph (5) as paragraph (6), and by 
        inserting after paragraph (4) the following:
            ``(5) Regional science and technical teams.--(A) The 
        Secretary shall establish regional science and technical teams 
        to provide the Secretary with recommendations to carry out 
        section 303(e).
            ``(B) Each science and technical team established under 
        this paragraph shall consist of Federal, State, and academic 
        qualified independent scientists.
            ``(C) Each science and technical team established under 
        this paragraph shall--
                    ``(i) based on the best scientific information 
                available, recommend to the Secretary--
                            ``(I) acceptable biological catch and 
                        bycatch limits, including annual limits, that 
                        are consistent with the national standard set 
                        forth in section 301(a)(1) and that consider 
                        predator-prey relationships and other 
                        ecological factors;
                            ``(II) specific habitat and area 
                        protections necessary to protect essential fish 
                        habitats; and
                            ``(III) specific requirements necessary to 
                        protect species listed as threatened species or 
                        endangered species under section 4 of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1533);
                    ``(ii) allow an opportunity for public input, 
                including with respect to catch and bycatch limits and 
                habitat protection measures recommended by the team, 
                consider such input in developing its recommendations, 
                and create a public record of such input and the team's 
                response to such input; and
                    ``(iii) publish its recommendations in the Federal 
                Register.
            ``(D) Recommendations of a regional science and technical 
        team submitted to the Secretary under this paragraph must be 
        subjected to peer review by qualified independent 
        scientists.''; and
            (2) by adding at the end the following:
    ``(7) For the purposes of this subsection, the term `qualified 
independent scientists' means individuals who--
            ``(A) through publication of peer-reviewed scientific 
        literature and academic training, have demonstrated scientific 
        expertise in fisheries science or marine ecology; and
            ``(B) have no direct financial interest, and are not 
        employed by any person with a direct financial interest, in any 
        fishery.''.

SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Required Provisions Regarding Protection, Restoration, and 
Promotion of Ecosystems.--Section 303(a)(1) (16 U.S.C. 1853(a)(1)) is 
amended--
            (1) in subparagraph (A) by inserting before the semicolon 
        the following: ``and the associated ecosystem'';
            (2) by striking ``and'' after the semicolon at the end of 
        subparagraph (B), by striking the period at the end of 
        subparagraph (C) and inserting ``; and'', and by adding at the 
        end the following:
                    ``(D) consistent with the conservation and 
                management measures developed by the Secretary pursuant 
                to subsection (e), except a Council may modify any 
                conservation and management measure to provide greater 
                conservation in order to achieve plan objectives, 
                including to protect and maintain the ecological role 
                of forage fish.''; and
            (3) by amending paragraph (14) to read as follows:
            ``(14) allocate any quotas or other conservation and 
        management measures established by the Secretary under 
        subsection (e) fairly and equitably among the commercial, 
        recreational, and charter fishing sectors in the fishery, and 
        allow individual sectors of the fishery to develop allocation 
        plans subject to the approval of the Council.''.
    (b) Development of Conservation and Management Measures by 
Secretary.--Section 303 (16 U.S.C. 1853) is amended by adding at the 
end the following:
    ``(e) Development of Conservation and Management Measures by 
Secretary.--The Secretary shall, based on recommendations of the 
regional science and technical teams established under section 
302(g)(5), provide Councils conservation and management measures for 
incorporation into fishery management plans, plan amendments, or annual 
specifications, that establish--
            ``(1) catch and bycatch limits that do not exceed 
        acceptable biological catch limits, including annual limits, 
        that are consistent with the national standard set forth in 
        section 301(a)(1) and that consider predator-prey relationships 
        and other ecological factors;
            ``(2) specific habitat and area protections necessary to 
        protect essential fish habitats; and
            ``(3) specific requirements necessary to protect species 
        listed as endangered species or threatened species under 
        section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
        1533).''.
                                 <all>