110 HR 4087 IH: Flexibility in Rebuilding American U.S. House of Representatives 2007-11-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4087 IN THE HOUSE OF REPRESENTATIVES November 6, 2007 Mr. Jones of North Carolina introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized time period for rebuilding of certain overfished fisheries, and for other purposes.

1.

Short title

This Act may be cited as the Flexibility in Rebuilding American Fisheries Act of 2007.

2.

Extension of time period for rebuilding certain overfished fisheries

Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)(4)) is amended— (1)in paragraph (4)(A)— (A)in clause (i) by striking possible and inserting practicable; and (B)by amending clause (ii) to read as follows: (ii)not exceed 10 years, except in cases where— (I)characteristics of 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; (III)the Secretary determines that such 10-year period should be extended to provide for the sustained participation of fishing communities or to minimize the economic impacts on such communities, provided that there is evidence that the stock is on a positive rebuilding trajectory; (IV)the Secretary determines that such 10-year period should be extended for one or more stocks of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trajectory; or (V)the Secretary determines that such 10-year period should be extended because of a substantial change to the biomass rebuilding target for the stock of fish concerned after the rebuilding plan has taken effect. ; and (2)by adding at the end the following: (8)If the Secretary determines that extended rebuilding time is warranted under subclause (III), (IV), or (V) of paragraph (4)(A)(ii), the maximum time allowed for rebuilding the stock of fish concerned may not exceed the sum of the following time periods: (A)The initial 10-year rebuilding period. (B)The expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions. (C)The mean generation time of the stock. .