[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 482 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 482

To reauthorize and amend the Magnuson-Stevens Fishery Conservation and 
                Management Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2003

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

_______________________________________________________________________

                                 A BILL


 
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and 
                Management Act, 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 Science and Management 
Improvement Act of 2003''.

SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    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 a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. ENSURING USE OF BEST SCIENTIFIC INFORMATION AVAILABLE.

    (a) Definition of Best Scientific Information Available.--Section 3 
(16 U.S.C. 1802) is amended by adding at the end the following:
            ``(47) The term `best scientific information available', 
        with respect to fishery conservation and management and stocks 
        of fish, means information that--
                    ``(A) is directly related to the specific issue 
                under consideration;
                    ``(B) is based on a statistically valid sample such 
                that any conclusions drawn are reasonably supported and 
                not speculative;
                    ``(C) has been independently peer-reviewed;
                    ``(D) has been collected within a period that is 
                reasonably related to the specific issue under 
                consideration;
                    ``(E) is consistent with information that is 
                available from other reliable sources; and
                    ``(F) may include, but not consist solely of, 
                anecdotal information collected from the harvesting and 
                processing of fish.''.
    (b) Prohibition on Use of Other Information in Fishery Management 
Decisions.--Section 301(a)(2) (16 U.S.C. 1851(a)(2)) is amended by 
inserting ``only'' after ``shall be based upon''.

SEC. 4. PEER REVIEW OF STOCK ASSESSMENTS.

    (a) Stock Assessment Defined.--Section 3 (16 U.S.C. 1802), as 
amended by section 3(a), is further amended by adding at the end the 
following:
            ``(48) The term `stock assessment' means a report that 
        contains an assessment of the health of a stock of fish, 
        including estimates for such stock of--
                    ``(A) the population;
                    ``(B) the population that is of spawning size;
                    ``(C) the rate of mortality; and
                    ``(D) the rate of recruitment.''.
    (b) Scientific Review Committees.--Section 302(g) (16 U.S.C. 
1852(g)) is amended by adding at the end the following:
            ``(6)(A) Each Council may establish one or more scientific 
        review committees to conduct peer reviews of all stock 
        assessments prepared for fisheries under the Council's 
        jurisdiction.
            ``(B) A committee established under this paragraph by a 
        Council shall consist of at least one member from each of the 
        committees established under paragraphs (1) and (3) by the 
        Council, at least one member who is not affiliated with the 
        authors of the stock assessments under review, and such other 
        members as the Council considers appropriate, excluding the 
        authors of the stock assessment reviewed by the committee.''.
    (c) Requirement To Conduct Reviews.--Section 404 (16 U.S.C. 
1881(c)) is amended by adding at the end the following:
    ``(e) Independent Peer Review.--The Secretary shall conduct an 
independent and confidential peer review of any stock assessment 
conducted under this section before the assessment is used to further 
the purposes, policy, and provisions of this Act. The review shall 
consider the peer review of the stock assessment conducted by a 
scientific review committee established under section 302(g)(6).''.

SEC. 5. OBSERVERS.

    (a) Fishery Management Plan Requirement.--Section 303(a) (16 U.S.C. 
1853(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking the period at the end of paragraph (14) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15) to the extent that observers are deployed on a 
        fishing vessel that is a vessel of the United States or to a 
        United States fish processor under the provisions of the 
        fishery management plan or regulations implementing the fishery 
        management plan, comply with the goals and objectives required 
        under subsection (e).''.
    (b) Requirements for United States Observer Programs.--Section 303 
(16 U.S.C. 1853) is amended by adding at the end the following:
    ``(e) Requirements for United States Observer Programs.--(1) Before 
establishing under this Act a program that, with respect to a fishery, 
utilizes observers deployed on a fishing vessel that is a vessel of the 
United States or observers deployed to a United States fish processor, 
the Council with jurisdiction over the fishery, shall establish--
            ``(A) a set of goals and objectives and an implementation 
        schedule for the program; and
            ``(B) a statistically reliable method for achieving such 
        goals and objectives.
    ``(2) In the case of a highly migratory species fishery, the 
Secretary, instead of a Council, shall take actions required of the 
Council under paragraph (1).
    ``(3) The goals and objectives required under paragraph (1) shall 
ensure that--
            ``(A) the various harvesting and processing sectors in the 
        fishery are treated equitably;
            ``(B) the costs of the program are appropriately shared by 
        all beneficiaries, including participants in other fisheries; 
        and
            ``(C) a fishing vessel or fish processor to which an 
        observer is deployed is not, as a result of that deployment, 
        put at a disadvantage with respect to other vessels or 
        processors in that fishery or in other fisheries.''.

SEC. 6. ESSENTIAL FISH HABITAT.

    (a) Habitat Areas of Particular Concern Defined.--Section 3 (16 
U.S.C. 1802), as amended by section 4(a), is further amended--
            (1) in paragraph (10), by striking ``waters'' and all that 
        follows and inserting ``marine waters and discrete, unique, 
        benthic structures that--
                    ``(A) exist within an exclusive economic zone, but 
                only in discrete areas; and
                    ``(B) have been determined under regulations issued 
                by the Secretary to be crucial to spawning, breeding, 
                and the continued production of a specific stock of 
                fish.''; and
            (2) by adding at the end the following:
            ``(49) The term `habitat area of particular concern' means 
        any area that--
                    ``(A) is a discrete, vulnerable subunit of 
                essential fish habitat that is required for a stock to 
                sustain itself; and
                    ``(B) is designated in a fishery management plan 
                under the national criteria issued by the Secretary 
                under section 305(b)(1)(E).''.
    (b) Specification of National Criteria.--Section 305(b)(1) (16 
U.S.C. 1855(b)(1)) is amended by adding at the end the following:
    ``(E)(i) Not later than 1 year after the date of the enactment of 
the Fisheries Science and Management Improvement Act of 2003, the 
Secretary shall issue national criteria for designating a habitat as a 
habitat area of particular concern.
    ``(ii) The national criteria shall, at a minimum, include a 
requirement that the designation of a habitat as a habitat area of 
particular concern be based on information regarding habitat-specific 
density of a fish stock, and growth, reproduction, and survival rates 
of that stock within the designated area.''.
    (c) Description in Fishery Management Plans.--Section 303(a)(7) (16 
U.S.C. 1853(a)(7)) is amended to read as follows:
            ``(7)(A) describe and identify habitat areas of particular 
        concern for the fishery based on the guidelines established by 
        the Secretary under section 305(b)(1)(A);
            ``(B) minimize to the extent practicable adverse effects on 
        habitat areas of particular concern caused by fishing that 
        prevent a stock of fish from sustaining itself on a continuing 
        basis; and
            ``(C) identify other actions to encourage the conservation 
        and enhancement of such habitat areas.''.
    (d) Guidelines, Recommendations, and Information of Secretary.--
Section 305(b) (16 U.S.C. 1855(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``shall, within 6 months of 
                        the date of enactment of the Sustainable 
                        Fisheries Act,'' and inserting ``shall''; and
                            (ii) by striking ``essential fish habitat'' 
                        each place it appears and inserting ``habitat 
                        areas of particular concern'';
                    (B) in subparagraph (B)--
                            (i) by striking ``essential fish habitat'' 
                        and inserting ``habitat areas of particular 
                        concern''; and
                            (ii) by striking ``the habitat'' both 
                        places it appears and inserting ``such habitat 
                        areas''; and
                    (C) in subparagraphs (C) and (D), by striking 
                ``essential fish habitat'' each place it appears and 
                inserting ``habitat areas of particular concern'';
            (2) in paragraph (2), by striking ``essential fish 
        habitat'' and inserting ``habitat areas of particular 
        concern'';
            (3) in paragraph (3), by striking ``essential fish 
        habitat'' each place it appears and inserting ``habitat areas 
        of particular concern''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``essential fish habitat'' 
                        and inserting ``habitat areas of particular 
                        concern''; and
                            (ii) by inserting ``areas'' after ``such 
                        habitat''; and
                    (B) in subparagraph (B) by inserting ``areas'' 
                after ``such habitat''.

SEC. 7. DETERMINING AND REBUILDING OVERFISHED FISHERIES.

    (a) Definitions.--Section 3 (16 U.S.C. 1802), as amended by section 
6(a), is further amended--
            (1) by striking paragraph (29) and inserting the following:
            ``(29)(A) The term `overfished' refers to a stock of fish 
        that, as a result of fishing, is at a population level beneath 
        that necessary to produce 50 percent of the maximum sustainable 
        yield.
            ``(B) The term `overfishing' means a rate or level of 
        harvest by commercial and recreational fishing that results in 
        a reduction in the population level of the fish stock beneath 
        that necessary to produce 50 percent of the maximum sustainable 
        yield.''; and
            (2) by adding at the end the following:
            ``(50) The term `carrying capacity' means the maximum 
        population level of a stock of fish that the current state of 
        the environment will support and which changes as the state of 
        the environment changes.
            ``(51) The term `maximum sustainable yield' means the long-
        term average maximum amount of surplus production that can be 
        removed on an annual basis by both commercial and recreational 
        fishermen that could be continuously taken from a stock of fish 
        under the existing carry capacity, and which is adjusted as the 
        carrying capacity changes.
            ``(52) The term `surplus production', with respect to a 
        stock of fish, means any quantity of fish that is removed from 
        the stock of fish which, when added to the quantity of fish 
        foreseeably lost from this stock due to natural mortality, 
        exceeds the quantity of fish the stock of fish is capable of 
        reproducing through growth and reproduction.''.
    (b) Determination and Rebuilding Process.--Section 304(e) (16 
U.S.C. 1854(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1)'' and inserting ``(1)(A)'';
                    (B) by striking ``fisheries'' each place it appears 
                and inserting ``stocks of fish'';
                    (C) by striking the last sentence and inserting the 
                following: ``A stock of fish shall be classified as 
                approaching a condition of being overfished if, based 
                on the best scientific information available and other 
                appropriate factors, the Secretary estimates that the 
                stock of fish will become overfished within two 
                years.''; and
                    (D) by adding at the end the following:
    ``(B) If the Secretary determines that insufficient information is 
available on which to conclude that a stock of fish is approaching a 
condition of being overfished, the Secretary shall immediately notify 
the appropriate Council and within one year after such notification 
implement a cooperative research program designed to provide the 
information needed to determine whether or not the stock of fish is 
approaching a condition of being overfished.'';
            (2) by striking paragraph (2) and inserting the following:
    ``(2) If the Secretary determines at any time that a stock of fish 
is overfished, the Secretary shall immediately notify the appropriate 
Council and request that action be taken to end overfishing and to 
implement conservation and management measures to rebuild the stock of 
fish. In the case of a multispecies fishery, such conservation and 
management measures shall not require that fishing be reduced for those 
stocks of fish that are not overfished. The Secretary shall publish 
each notification under this paragraph in the Federal Register.'';
            (3) in paragraph (3)--
                    (A) by striking ``Within one year of'' and 
                inserting ``Within three years after''; and
                    (B) in subparagraph (A), by striking ``to end 
                overfishing'' and inserting ``to address overfishing'';
            (4) in paragraph (4)--
                    (A) by striking ``For a fishery that is 
                overfished'', and inserting ``For a fishery that has an 
                overfished stock of fish,''; and
                    (B) by striking subparagraph (A) and inserting:
                    ``(A) specify a period for addressing overfishing 
                and rebuilding the overfished stock or stocks in the 
                fishery that is as brief as practicable, taking into 
                account the status, biology, and carrying capacity of 
                any overfished stocks, the best scientific information 
                available, the cumulative social and economic impacts, 
                recommendations by international organizations in which 
                the United States participates, and the interaction of 
the overfished stock or stocks within the marine ecosystem;'';
            (5) in paragraph (5)--
                    (A) by striking ``within the one-year period'' and 
                inserting ``within the three-year period'';
                    (B) by striking ``that a fishery is overfished'' 
                and inserting ``that one or more stocks of fish in a 
                fishery are overfished''; and
                    (C) by striking ``regulations to stop overfishing'' 
                and inserting ``regulations to address overfishing'';
            (6) in the second sentence of paragraph (6), by striking 
        ``to stop overfishing of a fishery'' and inserting ``to address 
        overfishing of a stock or stocks of fish in a fishery 
        effectively''; and
            (7) in paragraph (7)--
                    (A) in the first sentence, by inserting ``and the 
                best scientific information available related to the 
                fishery management plan, plan amendment, or 
                regulations'' before ``at routine intervals'';
                    (B) in the second sentence, by striking ``ending 
                overfishing'' and inserting ``effectively addressing 
                overfishing, sufficient data collection,'';
                    (C) by striking ``or'' at the end of subparagraph 
                (A);
                    (D) by striking the period at the end of 
                subparagraph (B) and inserting ``; or''; and
                    (E) by adding at the end the following:
            ``(C) design and implement a cooperative research program 
        to collect the best scientific information available for such 
        fish stocks.''.

SEC. 8. OPTIMUM YIELD CAP.

    Section 3(28)(B) (16 U.S.C. 1802(28)(B)) is amended by striking 
``reduced'' and inserting ``modified''.

SEC. 9. NATIONAL STANDARD REGARDING CUMULATIVE IMPACTS.

    Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is amended to read as 
follows:
            ``(8) Conservation and management measures shall, 
        consistent with the conservation requirements of this Act 
        (including the prevention of overfishing and rebuilding of 
        overfished stocks), take into account the importance of fishery 
        resources to fishing communities, and the cumulative economic 
        and social impact of fishery conservation and management 
        measures on such communities, in order to--
                    ``(A) provide for the sustained participation of 
                such communities; and
                    ``(B) minimize, to the extent practicable, adverse 
                economic impacts on such communities.''.

SEC. 10. FINDINGS, PURPOSE, AND POLICY REGARDING FISH AS FOOD.

    (a) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is amended by 
adding at the end the following:
            ``(11) Fish comprise an important natural renewable 
        resource of food, and fisheries have performed a traditional 
        and essential role in providing high-quality, protein-laden 
        food for human use.
            ``(12) Fish comprise an important source of essential 
        nutrients, particularly Omega-3 fatty acids, and medical 
        scientists agree that some of the world's most serious diseases 
        can be prevented by increased consumption of fish.''.
    (b) Purpose.--Section 2(b) (16 U.S.C. 1801(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) to promote conservation and management of fishery 
        resources that will enhance food supply, income, and economic 
        growth of the United States.''.
    (c) Policy.--Section 2(c) (16 U.S.C. 1801(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) to ensure that conservation and management measures 
        contribute to the food supply, economy, and health of the 
        United States.''.

SEC. 11. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) In General.--Title III 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 
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)).''.

SEC. 12. TECHNICAL CORRECTION AND CLINICAL AMENDMENTS.

    (a) Definition.--Section 3 (16 U.S.C. 1802) is amended by 
redesignating the paragraph (33) (relating to waters of a foreign 
nation) that follows paragraph (45) as paragraph (46).
    (b) Table of Contents.--The table of contents in the first section 
is amended--
            (1) by striking the following items:

        ``Sec. 312. Effective date of certain provisions.
        ``Sec. 313. North Pacific fisheries research plan.
        ``Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment 
                            Program.'';
        and
            (2) by adding at the end the following:

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