II 

108TH CONGRESS 

2D SESSION S. 2244

To protect the public’s ability to fish for sport, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2004

Mrs. HUTCHISON (for herself and Mr. BREAUX) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL

To protect the public’s ability to fish for sport, 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. SHORT TITLE. 

4 This bill may be cited as the ‘‘Freedom to Fish Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) Recreational fishing is traditionally the 

8 most popular outdoor sport with more than 

9 50,000,000 participants of all ages, in all regions of 

10 the country. 
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1 (2) Recreational anglers makes a substantial 

2 contribution to local, State, and national economies 

3 and infuse $116,000,000,000 annually into the na4 tional economy. 

5 (3) In the United States, more than 1,200,000 

6 jobs are related to recreational fishing, a number 

7 that is approximately 1 percent of the entire civilian 

8 workforce in the United States. In communities that 

9 rely on seasonal tourism, the expenditures of rec10 reational anglers result in substantial benefits to the 

11 local economies and small businesses in those com12 munities. 

13 (4) Recreational anglers have long dem14 onstrated a conservation ethic. In addition to pay15 ment of Federal excise taxes on fishing equipment, 

16 motorboats and fuel, as well as license fees, rec17 reational anglers contribute more than $500,000,000 

18 annually to State fisheries conservation management 

19 programs and projects. 

20 (5) It is a long standing policy of the Federal 

21 Government to allow public access to public lands 

22 and waters for recreational purposes in a manner 

23 that is consistent with principals of sound conserva24 tion. This policy is reflected in the National Forest 

25 Management Act of 1976, the Wilderness Act, the 
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1 Wild and Scenic Rivers Act, and the National Parks 

2 and Recreation Act of 1978. 

3 (6) In most instances, recreational fishery re4 sources can be maintained without restricting public 

5 access to fishing areas through a variety of manage6 ment measures including take limits, minimum size 

7 requirements, catch and release requirements, gear 

8 adaptations, and closed seasons. 

9 (7) A clear policy is required to demonstrate to 

10 recreational anglers that recreational fishing can be 

11 managed without unnecessarily prohibiting such 

12 fishing. 

13 (8) A comprehensive policy on the implementa14 tion, use, and monitoring of marine protected areas 

15 is required to maintain the optimum balance be16 tween recreational fishing and sustaining rec17 reational fishery resources. 

18 SEC. 3. POLICY. 

19 It is the policy of the United States to promote sound 

20 conservation of fishery resources by ensuring that—

21 (1) Federal regulations promote access to fish22 ing areas by recreational anglers to the maximum 

23 extent practicable; 

24 (2) recreational anglers are actively involved in 

25 the formulation of any regulatory procedure that 
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1 contemplates imposing restrictions on access to a 

2 fishing area; and 

3 (3) limitations on access to fishing areas by rec4 reational anglers are not imposed unless such limita5 tions are scientifically necessary to provide for the 

6 conservation of a fishery resource. 

7 SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND 

8 MANAGEMENT ACT AMENDMENTS. 

9 (a) LIMITATION ON CLOSURES.—Section 303(a) of 

10 the Magnuson-Stevens Fishery Conservation and Manage11 ment Act (16 U.S.C. 1853(a)) is amended by adding at 

12 the end the following: 

13 ‘‘(15) not establish geographic areas where rec14 reational fishing is prohibited unless— 

15 ‘‘(A) clear indication exists that rec16 reational fishing in such area is the cause of a 

17 specific conservation problem in the fishery; 

18 ‘‘(B) no alternative conservation measures 

19 related to recreational fishing, such as gear re20 strictions, quotas, or closed seasons will ade21 quately provide for conservation and manage22 ment of the fishery; 

23 ‘‘(C) the management plan—

24 ‘‘(i) provides for specific measurable 

25 criteria to assess whether the prohibition
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1 provides conservation benefits to the fish2 ery; and 

3 ‘‘(ii) requires a periodic review to as4 sess the continued need for the prohibition 

5 not less than once every 3 years; 

6 ‘‘(D) the best available scientific informa7 tion supports the need to close the area to rec8 reational fishing; and 

9 ‘‘(E) the prohibition is terminated as soon 

10 as the condition in subparagraph (A) that was 

11 the basis of the prohibition no longer exists.’’. 

12 (b) TECHNICAL AMENDMENTS.—Such section is fur13 ther amended—

14 (1) in paragraph (13), by striking ‘‘and’’ after 

15 the semicolon; and 

16 (2) in paragraph (14), by striking ‘‘fishery.’’ 

17 and inserting ‘‘fishery; and’’. 

18 SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMEND19 MENT. 

20 Section 304(a)(5) of the National Marine Sanctuaries 

21 Act (16 U.S.C. 1434(a)(5)) is amended to read as follows: 

22 ‘‘(5) FISHING REGULATIONS.—

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 provide the appropriate Regional Fishery Man25 agement Council with the opportunity to pre-
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1 pare, and to revise from time to time, draft reg2 ulations for fishing within the exclusive eco3 nomic zone as the Council may deem necessary 

4 to implement the proposed designation. 

5 ‘‘(B) RELATIONSHIP TO MAGNUSON.—

6 Draft regulations prepared by the Council 

7 under subparagraph (A) shall be made in ac8 cordance with the standards and procedures of 

9 the Magnuson Act. 

10 ‘‘(C) REGULATION WITHIN A STATE.—

11 Such regulations may regulate a fishery within 

12 the boundaries of a State (other than the 

13 State’s internal waters) if—

14 ‘‘(i) the Governor of the State ap15 proves such regulation; or 

16 ‘‘(ii) the Secretary determines, after 

17 notice and an opportunity for a hearing in 

18 accordance with section 554 of title 5, 

19 United States Code, that the State has 

20 taken any action, or omitted to take any 

21 action, the results of which will substan22 tially and adversely affect the fulfillment of 

23 the purposes and policies of this Act and 

24 the goals and objectives of the proposed 

25 designation. 
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1 ‘‘(D) NOTIFICATION AND HEARING.—If 

2 the Secretary makes a determination under 

3 subparagraph (C)(ii) to regulate a fishery with4 in the boundaries of such State (other than 

5 State’s internal waters)— 

6 ‘‘(i) the Secretary shall promptly no7 tify the State and the appropriate Council 

8 of such determination; 

9 ‘‘(ii) the State may request that a 

10 hearing be held pursuant to section 554 of 

11 title 5, United States Code; and 

12 ‘‘(iii) the Secretary shall conduct a 

13 hearing requested under clause (ii) prior to 

14 taking any action to regulate a fishery 

15 within the boundaries of such State (other 

16 than the State’s internal waters) under 

17 subparagraph (C)(ii). 

18 ‘‘(E) TERMINATION OF REGULATION

19 WITHIN A STATE.—If the Secretary, pursuant 

20 to a determination under subparagraph (C)(ii), 

21 assumes responsibility for the regulation of any 

22 fishery, the State involved may at any time 

23 thereafter apply to the Secretary for reinstate24 ment of its authority over such fishery. If the 

25 Secretary finds that the reasons for which the 
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1 Secretary assumed such regulation no longer 

2 prevail, the Secretary shall promptly terminate 

3 such regulation.’’.

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