II 112th CONGRESS 1st Session S. 632 IN THE SENATE OF THE UNITED STATES March 17, 2011 Mr. Schumer (for himself, Mrs. Gillibrand, Mrs. Hagan, and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to extend the authorized 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 2011.

2.

Extension of period for rebuilding certain overfished fisheries

Section 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(e)) 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 in which— (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; (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 of fish is on a positive rebuilding trend; (IV)the Secretary determines that such 10-year period should be extended for one or more stocks of fish of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trend; (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; or (VI)the Secretary determines that such 10-year period should be extended because the biomass rebuilding target exceeds the highest abundance of the stock of fish during the 25-year period preceding the date the rebuilding plan has taken effect and there is evidence that the stock is on a positive rebuilding trend; ; (2)in paragraph (7), in the matter preceding subparagraph (A), by inserting after the first sentence the following: In evaluating progress to end overfishing and to rebuild overfished stocks of fish, the Secretary shall review factors, other than commercial fishing and recreational fishing, that may contribute to the overfished status of a stock of fish, such as commercial, residential, and industrial development of, or agricultural activity in, coastal areas and the impact of such development or activity on the marine environment, predator and prey relationships of target and related species, and other environmental and ecological changes to the marine conditions.; and (3)by adding at the end the following: (8)If the Secretary determines that extended rebuilding time is warranted under subclause (III), (IV), (V), or (VI) 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 such stock absent any fishing mortality and under prevailing environmental conditions. (C)The mean generation time of such stock. (9)In this subsection, the term on a positive rebuilding trend means, with respect to a stock of fish, that the biomass of the stock of fish has shown a substantial increase in abundance since the implementation of the rebuilding plan. .