I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ESSENTIAL FISH HABITAT. 

4 (a) DEFINITION.—Section 3(10) of the Magnuson5 Stevens Fishery Conservation and Management Act (16 

6 U.S.C. 1802(10)) is amended to read as follows: 

7 ‘‘(10) The term ‘essential fish habitat’ means 

8 those marine waters and discrete, unique benthic 

9 structures that—
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1 ‘‘(A) exist within the exclusive economic 

2 zone only in discrete areas; and 

3 ‘‘(B) have been determined to be crucial to 

4 spawning, breeding, and the continued produc5 tion of a specific stock of fish.’’. 

6 (b) MINIMIZATION OF ADVERSE IMPACTS ON ESSEN7 TIAL FISH HABITAT.—Section 303 of such Act (16 U.S.C. 

8 1853) is amended—

9 (1) in subsection (a)(7) by striking ‘‘, mini10 mize’’ and all that follows through ‘‘fishing,’’; and 

11 (2) in subsection (b)(4) by inserting before the 

12 semicolon the following: ‘‘, and including measures 

13 to minimize to the extent practicable adverse effects 

14 on essential fish habitat described and identified in 

15 the plan that are caused by fishing’’. 

16 SEC. 2. DURATION OF MEASURES TO REBUILD OVER17 FISHED FISHERIES. 

18 Section 304(e)(4)(A)(ii) of the Magnuson-Stevens 

19 Fishery Conservation and Management Act (16 U.S.C. 

20 1854(e)(4)(A)(ii)) is amended to read as follows: 

21 ‘‘(ii) not exceed 10 years, except in 

22 cases where—

23 ‘‘(I) the biology of the stock of 

24 fish, other environmental conditions, 

25 or management measures under an 
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1 international agreement in which the 

2 United States participates dictate oth3 erwise; 

4 ‘‘(II) the Secretary determines 

5 that such 10-year period should be ex6 tended because the cause of the fish7 ery decline is outside the jurisdiction 

8 of the Council or the rebuilding pro9 gram cannot be effective only by lim10 iting fishing activities; or 

11 ‘‘(III) the Secretary determines 

12 that such 10-year period should be ex13 tended for one or more overfished 

14 components of a multi-species fish15 ery.’’. 

16 SEC. 3. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 

17 POLICY ACT OF 1969. 

18 (a) IN GENERAL.—Title III of the Magnuson-Stevens 

19 Fishery Conservation and Management Act (16 U.S.C. 

20 1851 et seq.) is amended by adding at the end the fol21 lowing: 

22 ‘‘SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 

23 POLICY ACT OF 1969. 

24 ‘‘Any fishery management plan, amendment to such 

25 a plan, or regulation implementing such a plan that is pre-
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1 pared in accordance with applicable provisions of sections 

2 303 and 304 of this Act is deemed to have been prepared 

3 in compliance with the requirements of section 102(2)(C) 

4 of the National Environmental Policy Act of 1969 (42 

5 U.S.C. 4332(2)(C)).’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in the first section of that Act is amended—

8 (1) by striking the first item relating to section 

9 312 and inserting the following:

‘‘312. Transition to sustainable fisheries.’’;

10 and 

11 (2) by striking the item following the item re12 lating to section 314 and inserting the following:

‘‘315. Compliance with National Environmental Policy Act of 1969.’’.

13 SEC. 4. BERING SEA AND ALEUTIAN ISLAND CRAB RATION14 ALIZATION PROGRAM ADJUSTMENT. 

15 As of the effective date of any Act implementing the 

16 Bering Sea and Aleutian Islands Crab Rationalization 

17 Program approved by the North Pacific Fishery Manage18 ment Council, that Program is amended to require that— 

19 (1) Blue Dutch, LLC, shall receive ‘‘Class A’’ 

20 crab processing quota shares equal to 1.5 percent of 

21 the total allowable catch for each of the following 

22 fisheries: the Bristol Bay red king crab fishery, the 

23 Bering Sea C. opilio crab fishery, the Bering Sea C. 

24 bairdi crab fishery, the St. Matthew blue king crab 
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1 fishery, and the Pribilof blue and red king crab fish2 ery; and 

3 (2) the Program implementing regulations shall 

4 include proportionate reductions of ‘‘Class A’’ crab 

5 processing quota shares for other holders of such 

6 shares so that the total of all ‘‘Class A’’ crab proc7 essing quota shares for the fisheries referred to in 

8 paragraph (1), including the amount specified in 

9 paragraph (1), equals 90 percent of the total allow10 able catch. 

11 SEC. 5. ALASKA COMMUNITY DEVELOPMENT QUOTA PRO12 GRAM. 

13 (a) ELIGIBILITY.—All communities currently ap14 proved for participation in the western Alaska community 

15 development quota program, either listed in table 7 to part 

16 679 of title 50, Code of Federal Regulations, or approved 

17 by the National Marine Fisheries Service on April 19, 

18 1999, are deemed to have met the eligibility criteria for 

19 participation in the program, under criteria set forth in 

20 section 305(i)(1)(B) of the Magnuson-Stevens Fishery 

21 Conservation and Management Act (16 U.S.C. 

22 1855(i)(1)(B)). Additional communities meeting this cri23 teria may be approved for eligibility in the future. 

24 (b) ALLOCATION.—Section 206(a) of title II of divi25 sion C of Public Law 105–277 (112 Stat. 2681–621) is 
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1 amended by striking ‘‘1999, 10’’ and inserting ‘‘2004, 

2 12’’. 

3 SEC. 6. REPORT REGARDING TREATMENT OF INTER4 NATIONAL FISHERY COMMISSION PEN5 SIONERS. 

6 The President shall— 

7 (1) determine the number of United States citi8 zens who—

9 (A) served as employees of the Inter10 national Pacific Salmon Fisheries Commission 

11 or the International North Pacific Fisheries 

12 Commission; and 

13 (B) worked in Canada in the course of em14 ployment with that commission; 

15 (2) calculate for each such employee the dif16 ference between—

17 (A) the value, in United States currency, 

18 of the annuity payments made and to be made 

19 (determined by an actuarial valuation) by or on 

20 behalf of each such commission to the em21 ployee; and 

22 (B) the value, in Canadian currency, of 

23 such annuity payments; and 

24 (3) by not later than September 1, 2004, sub25 mit to the Committee on Resources of the House of 
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1 Representatives and the Committee on Commerce, 

2 Science and Transportation of the Senate a report 

3 on the determinations and calculations made under 

4 paragraphs (1) and (2).

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