I
106TH CONGRESS
2D SESSION
H. R. 4046
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to recover depleted fish stocks and promote the long-term sustainability
of marine fisheries, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2000
Mr. GILCHREST (for himself, Mr. FARR of California, Mr. ENGLISH, and Mr.
GREENWOOD) 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 recover depleted fish stocks and
promote the long-term sustainability of marine fisheries,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fisheries Recovery Act
of 2000’’.
SEC. 2. REFERENCES.
Except as otherwise specifically provided in this Act,
any amendment to, repeal of, or reference to a section or
other provision of law shall be considered to be made to
such provision of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.).
SEC. 3. MINIMIZING BYCATCH.
(a) FINDINGS AND POLICY.—
(1) 
FINDINGS.—Section 
2(a) 
(16 
U.S.C.
1801(a)) is further amended by adding at the end
the following:
‘‘(10) The magnitude of bycatch and discards
of living marine resources in United States marine
fisheries can have profound population, ecosystem,
and socio-economic effects on United States fishery
resources and the fishing communities that depend
on those resources.’’.
(2) 
POLICY.—Section 
2(c)(3) 
(16 
U.S.C.
1801(c)(3)) is amended by striking ‘‘practical meas-
ures’’ and all that follows through ‘‘fish;’’ and in-
serting the following: ‘‘practical measures that avoid
bycatch, minimize the mortality of bycatch that can-
not be avoided, and minimize unnecessary waste of
fish;’’.
(b) DEFINITIONS.—Section 3(2) (16 U.S.C. 1802(2))
is amended to read as follows:
‘‘(2) the term ‘bycatch’ means—
SEC. 4. PROTECTION OF ESSENTIAL FISH HABITAT.
(a) 
DEFINITION.—Section 
3(10) 
(16 
U.S.C.
1802(10)) is amended by inserting ‘‘, whether managed
or not,’’ after ‘‘to fish’’.
(b) REQUIRED PROVISIONS OF FISHERY MANAGE-
MENT PLANS.—Section 303(a)(7) (16 U.S.C. 1853(a)(7))
is amended to read as follows:
‘‘(7) describe and identify essential fish habitat
based on the guidelines established by the Secretary
under section 305(b)(1)(A), giving priority to those
fish species that are managed in the fishery pursu-
ant to section 302(h)(1), and—
‘‘(A) analyze the impacts of fishing on es-
sential fish habitat;
‘‘(B) minimize any adverse impacts on es-
sential fish habitat from fishing;
‘‘(C) close an area to a fishing gear or
practice if such fishing gear or practice may ad-
versely affect essential fish habitat, unless the
Council determines based on the best scientific
information available that a closure is not nec-
essary to protect such habitat; and
‘‘(D) identify other actions to encourage
the conservation and enhancement of such habi-
tats;’’.
(c) RESTRICTIONS ON FISHING GEAR AND FISH-
ING.—Section 305(b) (16 U.S.C. 1855(b)) is amended by
adding at the end the following:
‘‘(5) No person or vessel may—
‘‘(A) employ fishing gear or engage in a fishery
in an area closed to that fishing gear or fishery un-
less the Secretary, after notice and opportunity for
public comment, finds that the fishing gear or fish-
ery will have a minimal adverse impact on essential
fish habitat and minimal bycatch of non-target spe-
cies; or
‘‘(B) use fishing gear in a fishery that is not
currently used in the fishery, or that is not included
on the list published pursuant to subsection (a)(1),
unless the Secretary, after notice and opportunity
for public comment, finds that the fishing gear will
have a minimal adverse impact on essential fish
habitat and result in minimal bycatch of non-target
species.’’.
(d) RESPONSE
TO
SECRETARY’S
RECOMMENDA-
TIONS.—Section 305(b)(4)(B) (16 U.S.C. 1855(b)(4)(B))
is amended by adding at the end the following: ‘‘A Federal
agency receiving a recommendation under subparagraph
(A) shall ensure that its action is not likely to adversely
modify or impair essential fish habitat.’’.
SEC. 5. REFORM OF THE REGIONAL FISHERY MANAGE-
MENT COUNCILS.
Section 
302(b)(2) 
(16 
U.S.C. 
1852(b)(2)) 
is
amended—
(1) in subparagraph (B) in the first sentence—
(A) by striking ‘‘of the active participants’’
and inserting ‘‘among the active participants’’;
and
(B) by inserting before the period the fol-
lowing: ‘‘and representatives of the public inter-
est in marine fish conservation, including rep-
resentatives of conservation organizations with
knowledge regarding the conservation and man-
agement of the fishery resources of the geo-
graphic area concerned’’; and
(2) in subparagraph (C) in the second sentence
by inserting ‘‘and representatives of conservation or-
ganizations’’ after ‘‘commercial and recreational
fishery interests’’.
SEC. 6. CONSERVING ATLANTIC HIGHLY MIGRATORY SPE-
CIES.
(a) MAGNUSON-STEVENS FISHERY CONSERVATION
ACT AMENDMENTS.—Section 304 (16 U.S.C. 1854) is
amended—
(1) in subsection (e)(1)—
(A) by striking ‘‘or international agree-
ment’’; and
(B) by striking ‘‘or agreement’’;
(2) in subsection (e)(4)—
(A) in subparagraph (A)(i) by striking ‘‘,
recommendations by international organizations
in which the United States participates,’’;
(B) in subparagraph (A)(ii) by striking ‘‘,
or management measures under an inter-
national agreement in which the United States
participates’’; and
(C) by adding ‘‘and’’ after the semicolon at
the end of subparagraph (A), striking ‘‘; and’’
at the end of subparagraph (B) and inserting a
period, and striking subparagraph (C);
(3) in subsection (g)(1) by redesignating sub-
paragraphs (A) through (G) in order as subpara-
graphs (B) through (H), and inserting before sub-
paragraph (B) (as so redesignated) the following:
‘‘(A) ensure that all conservation and man-
agement measures promulgated under this sub-
section are consistent with the national stand-
ards and other provisions of this Act;’’;
(4) in subparagraph (D) (as so redesignated)
by striking ‘‘minimize, to the extent practicable,’’
and inserting ‘‘take into account’’; and
(5) in subparagraph (E) (as so redesignated) by
inserting before the semicolon at the end the fol-
lowing: ‘‘, if the Secretary has determined that such
harvest prevents overfishing, minimizes bycatch, and
is otherwise consistent with the national standards
and other provisions of this Act’’.
(b) ATLANTIC TUNAS CONVENTION ACT OF 1975
AMENDMENTS.—The Atlantic Tunas Convention Act of
1975 is amended—
(1) in section 3(a)(1) (16 U.S.C. 971a(a)(1))
by striking ‘‘three’’ and inserting ‘‘four’’;
(2) in section 3(a)(2) (16 U.S.C. 971a(a)(2))
by striking ‘‘and’’ after the semicolon at the end of
subparagraph (A), by striking the period at the end
of subparagraph (B) and inserting ‘‘; and’’, and by
adding at the end the following:
‘‘(C) one shall be appointed from among
representatives of the public interest in marine
fish conservation, including representatives of
conservation organizations with knowledge and
experience regarding the highly migratory spe-
cies fisheries in the Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea.’’; and
(3) in section 6(c)(3) (16 U.S.C. 971d(c)(3)) in
the matter following subparagraph (K) by striking
‘‘or decreasing’’.
SEC. 7. MANDATORY FISHERY OBSERVER PROGRAM.
(a) 
FINDING.—Section 
2(a)(6) 
(16 
U.S.C.
1801(a)(6)) is amended by inserting ‘‘, including a na-
tional fisheries observer program,’’ after ‘‘United States’’.
(b) REQUIRED FISHERY MANAGEMENT PLAN PROVI-
SIONS.—
(1) IN GENERAL.—Section 303(a) (16 U.S.C.
1853(a)) is further amended by adding at the end
the following:
‘‘(17) to the extent necessary to collect statis-
tically significant and reliable data, require that one
or more observers be carried on board a vessel of the
United States (other than vessels engaged in charter
fishing that are carrying 10 or fewer passengers for
hire) engaged in commercial fishing for species that
are subject to the plan, for the purpose of collecting
statistically significant and reliable data necessary
for the conservation and management of the fishery,
including monitoring and reporting of bycatch and
discards, landings, impacts on essential fish habitat,
and other relevant information; except that such a
vessel shall not be required to carry an observer on
board if the facilities of the vessel for the quartering
of an observer, or for carrying out observer func-
tions, are so inadequate or unsafe that the health
or safety of the observer or the safe operation of
the vessel would be jeopardized;
‘‘(18) require a permit to be obtained from, and
fees to be paid to, the Secretary, with respect to—
‘‘(A) any fishing vessel of the United
States fishing, or that the owner or operator of
which selects to use to fish, in the exclusive eco-
nomic zone or special areas or for anadromous
species of Continental Shelf fishery resources
beyond such zone or areas;
‘‘(B) the operator of any such vessel; or
‘‘(C) any United States fish processor who
first receives fish that are subject to the plan;
and’’.
(2) CONFORMING
AMENDMENT.—(A) Section
303(b) (16 U.S.C. 1853(b)) is amended by striking
paragraphs (1) and (8).
(B) Section 304(d)(1) (16 U.S.C. 1854(d)(1))
is amended by striking ‘‘section 303(b)(1)’’ and in-
serting ‘‘section 303(a)(18)’’.
SEC. 8. CONSERVING MARINE ECOSYSTEMS.
(a) FINDINGS, PURPOSES, AND POLICY.—Section 2
(16 U.S.C. 1801) is amended—
(1) in subsection (a) by striking paragraph (7)
and redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9);
(2) in subsection (b) by striking paragraph (6),
redesignating paragraph (7) as paragraph (8), and
inserting after paragraph (5) the following:
‘‘(6) to assure that development of fisheries by
the United States fishing industry takes into consid-
eration the ecosystem needs of target species and
the impacts of fishing on other species in the eco-
system;
‘‘(7) to promote management decisions incor-
porating the precautionary approach, especially in
cases in which the effects of fishing are unknown or
uncertain, in order to maintain ecosystem health and
sustainability; and’’; and
(3) in subsection (c)(3) by striking ‘‘considers
efficiency;’’ and inserting ‘‘incorporates and applies
ecosystem principles; considers how fishing affects
predator-prey and other important ecological rela-
tionships within marine ecosystems;’’.
(b) 
DEFINITIONS.—Section 
3(29) 
(16 
U.S.C.
1802(29)) is amended—
(1) by striking ‘‘fishery’’ and inserting ‘‘stock
of fish’’; and
(2) by inserting before the period the following:
‘‘or, through direct or indirect impacts on other spe-
cies, jeopardizes the ecological integrity and sustain-
ability of marine ecosystems’’.
(c) NATIONAL STANDARDS.—Section 301(a) (16
U.S.C. 1851(a)) is further amended by adding at the end
the following:
‘‘(10) Conservation and management measures
shall—
‘‘(A) in any case in which information is
uncertain, unreliable, or inadequate, reduce
risks by setting precautionary reference points
for each stock of fish and the action to be taken
if such a reference point is approached or ex-
ceeded;
‘‘(B) take into account the direct and indi-
rect impacts of fishing on other species and
their habitats and the conservation of those
species and their habitats as important compo-
nents of the ecosystem; and
‘‘(C) allow the expansion of existing fish-
eries or the development of new fisheries only
after measures are in place to prevent adverse
impacts on the stocks, associated species, and
the ecosystem.’’.
(d) REQUIRED FISHERY MANAGEMENT PLAN PROVI-
SIONS.—Section 303(a) (16 U.S.C. 1853(a)) is further
amended—
(1) in paragraph (1)(A) by inserting before the
semicolon the following ‘‘and the ecosystem within
which the fishery functions’’; and
(2) by adding at the end the following:
‘‘(19) include a fishery impact statement for
the plan or amendment that shall assess, specify,
and describe the likely effects, if any, of the con-
servation and management measures on other spe-
cies, including key predator-prey interactions, in the
ecosystem, for the purpose of determining consist-
ency with the relevant Fisheries Ecosystem Plan as
required under section 305(j).’’.
(e) FISHERIES ECOSYSTEM PLANS.—Section 305 (16
U.S.C. (1855)) is amended by adding at the end the fol-
lowing:
‘‘(j) FISHERIES
ECOSYSTEM
PLANS.—(1) Each
Council shall, within 18 months after the date of the en-
actment of the Fisheries Recovery Act of 2000, prepare
and submit to the Secretary a Fisheries Ecosystem Plan
for each major marine ecosystem within its jurisdiction.
In the case in which significant portions of a major eco-
system are in the jurisdictions of adjacent Councils, the
Councils shall jointly prepare a plan for the major eco-
system. The Secretary shall issue regulations that estab-
lish a process for preparing and developing Fisheries Eco-
system Plans that is consistent with the fishery manage-
ment plan process under section 304.
‘‘(2) Each Fisheries Ecosystem Plan shall—
‘‘(A) contain information on the structure and
function of the ecosystem in which fishing activities
occur, including the geographic extent of the eco-
system and its biological, physical, and chemical dy-
namics, a description of the significant food web in-
cluding key predator-prey relationships, and the
habitat needs of different life stages of species that
make up the significant food web;
‘‘(B) establish indices of ecosystem health and
integrity;
‘‘(C) describe how the information on ecosystem
structure and function is to be incorporated into the
context of fishery-specific management plans;
‘‘(D) include specific recommendations for im-
plementing ecosystem protections in fishery manage-
ment plans; and
‘‘(E) outline a long-term monitoring program to
evaluate fishery-dependent and fishery-independent
changes in the ecosystem.
‘‘(3) No later than 6 months after the date of the
enactment of the Fisheries Recovery Act of 2000, the Sec-
retary shall prepare guidance for Fisheries Ecosystem
Plan development, in conjunction with the Councils and
other scientific, fisheries, and conservation interests as ap-
propriate, and provide them to the Councils to facilitate
development and implementation of the required Fisheries
Ecosystem Plans within the prescribed time period.
‘‘(4) The Secretary shall review each Fisheries Eco-
system Plan according to the guidance prepared pursuant
to paragraph (3) and approve or disapprove the plan, in
whole or in part, according to the process described in sec-
tion 304. If the Secretary disapproves or partially ap-
proves a plan, the Council shall revise and resubmit the
plan within 9 months after its disapproval.
‘‘(5) If, within the 18-month period beginning on the
date of the enactment of the Fisheries Recovery Act of
2000, a Council fails to develop and submit to the Sec-
retary a Fisheries Ecosystem Plan as required under this
section, or if the Secretary disapproves in whole or in part
such a plan, the Secretary shall prepare a plan for that
ecosystem concerned within 27 months after the date of
the enactment of the Fisheries Recovery Act of 2000.
‘‘(6)(A) The Secretary may not approve a fisheries
management plan or an amendment to such a plan, and
such a plan or amendment shall not be effective after the
24-month period beginning on the date the Secretary ap-
proves or prepares a relevant Fisheries Ecosystem Plan,
unless the Secretary determines that the fisheries manage-
ment plan or an amendment is consistent with the prin-
ciples, goals, policies, and recommendations of each rel-
evant Fisheries Ecosystem Plan approved or prepared by
the Secretary.
‘‘(B) Within 24 months after the date the Secretary
approves or prepares a final Fisheries Ecosystem Plan,
each Council shall submit to the Secretary any fishery
management plans or plan amendments required to make
all fishery management plans under its jurisdiction con-
sistent with the principles, goals, policies, and rec-
ommendations of the Fisheries Ecosystem Plan.
‘‘(C) If a Council fails to submit any fishery manage-
ment plan or amendment required under subparagraph
(A) before the end of the 24-month period beginning on
the date of such approval, or if the Secretary disapproves
in whole or in part such plan or amendment, the Secretary
shall prepare such plan or amendment within 33 months
after the date of such approval.’’.
SEC. 9. ELIMINATION OF OVERFISHING AND REBUILDING
OF OVERFISHED POPULATIONS.
(a) FINDINGS, PURPOSES, AND POLICY.—Section 2
(16 U.S.C. 1801) is further amended—
(1) in subsection (a)(1) by striking ‘‘valuable’’
and inserting ‘‘ecologically and economically valu-
able’’;
(2) in subsection (b)(3) by striking ‘‘promote’’
and inserting ‘‘provide for’’; and
(3) in subsection (c)(6) by striking ‘‘diversity’’
and inserting ‘‘abundance and diversity’’.
(b) DEFINITIONS.—Section 3 (16 U.S.C. 1802) is
amended—
(1) in paragraph (5) by striking subparagraphs
(ii) and (iii) and inserting the following:
‘‘(ii) irreversible, long-term, or significant
short-term adverse effects on fishery resources
and the marine environment are avoided;
‘‘(iii) there will be a multiplicity of options
available with respect to future uses of these re-
sources; and
‘‘(iv) explicit buffers against scientific un-
certainty are used to prevent and stop over-
fishing.’’; and
(2) in paragraph (37) by inserting before the
period the following: ‘‘but, does not, in any case, in-
clude more than one species of fish’’.
(c) NATIONAL STANDARDS FOR FISHERY CONSERVA-
TION AND MANAGEMENT.—Section 301 (16 U.S.C. 1851)
is amended—
(1) in subsection (a)—
(A) by amending paragraph (1) to read as
follows:
‘‘(1) Conservation and management measures
shall prevent overfishing of each stock of fish while
achieving, on a continuing basis, the optimum yield
from each fishery for the United States.’’;
(B) in paragraph (3) by striking ‘‘as a
unit’’ the second place it appears;
(C) in paragraph (5) by striking ‘‘shall’’
and inserting ‘‘should’’;
(D) in paragraph (6) by inserting before
the period the following: ‘‘but no such measures
shall allow the overfishing of any stock of fish
at any time’’; and
(E) by striking paragraph (7) and redesig-
nating paragraphs (8), (9), and (10) in order as
paragraphs (7), (8), and (9); and
(2) in subsection (b) by striking ‘‘advisory’’ and
all that follows through ‘‘, based’’ and inserting
‘‘guidelines, based’’.
(d) REQUIRED FISHERY MANAGEMENT PLAN PROVI-
SIONS.—Section 
303(a) 
(16 
U.S.C. 
1853(a)) 
is
amended—
(1) in paragraph (1)(B) by striking ‘‘and’’ after
the semicolon;
(2) by striking paragraph (1)(C) and inserting
the following:
‘‘(C) consistent with the national standards
and the other provisions of this Act, except
such consistency is not required if the regula-
tions would likely cause overfishing, allow con-
tinued overfishing, or delay the rebuilding of
any overfished species or stock of fish managed
under this Act; and
‘‘(D) consistent with any other applicable
law;’’;
(3) in paragraph (5) by inserting after ‘‘number
of hauls,’’ the following: ‘‘the number and species of
all fish caught in the course of the fishery,’’; and
(4) by amending paragraph (10) to read as fol-
lows:
‘‘(10) specify objective and measurable criteria
for identifying when the fishery to which the plan
applies is overfished, such definition shall be devel-
oped and expressed in terms of a minimum level of
spawning biomass and maximum level or rate of
fishing mortality, designed to ensure the restoration
and maintenance of the fish population’s abundance,
age structure, sex ratio, and size structure so as to
provide maximum sustainable yield and maintain ec-
ological integrity, (with an analysis of how the cri-
teria were determined and the relationship of the
criteria to the reproductive potential of stocks of fish
in that fishery) and, in the case of a fishery which
the Council or the Secretary has determined is ap-
proaching an overfished condition or is overfished,
contain conservation and management measures to
prevent overfishing or end overfishing and rebuild
the fishery;’’.
(e) ACTION BY THE SECRETARY.—Section 304(e) (16
U.S.C. 1854(e)) is amended—
(1) by amending paragraph (5) to read as fol-
lows:
‘‘(5) If, within the one-year period beginning on
the date of identification or notification that a fish-
ery is overfished or is approaching an overfished
condition, the Council does not submit to the Sec-
retary a fishery management plan, plan amendment,
or proposed regulations required by paragraph (3),
the Secretary shall prepare a fishery management
and any accompanying regulations to prevent or stop
overfishing and rebuild affected stocks of fish within
9 months under subsection (c).’’; and
(2) by striking paragraph (7) and inserting the
following:
‘‘(7) The Secretary shall review any fishery
management plan, plan amendment, or regulations
required by this subsection at routine intervals that
may not exceed two years. If the Secretary finds as
a result of the review or as a result of any informa-
tion provided to the Secretary that such plan,
amendment, or regulations have not resulted or are
not likely to result in ending overfishing and rebuild-
ing affected fish stocks in the timeframe required by
subsection (4), the Secretary shall—
‘‘(A) in the case of a fishery to which sec-
tion 302(a)(3) applies, immediately make revi-
sions necessary to end overfishing and rebuild
overfished stocks as required by this section; or
‘‘(B) for all other fisheries, immediately
notify the appropriate Council and recommend
to the Council further conservation and man-
agement measures that the Council should take
under paragraph (3).
‘‘(8) The Secretary shall complete an assess-
ment of the status of each fish stock that is subject
to a fisheries management plan, by not later than 5
years after the date of the enactment of the Fish-
eries Recovery Act of 2000.
SEC. 10. PRECAUTIONARY APPROACH TO FISHERIES MAN-
AGEMENT.
(a) FINDINGS AND POLICY.—Section 2 (16 U.S.C.
1801) is amended—
(1) in subsection (a) by adding at the end the
following:
‘‘(11) Fishery management must be based on
the best scientific information available and must be
precautionary in favor of conservation when data is
absent, uncertain, unreliable, or inadequate.’’; and
(2) in subsection (c)(3) by striking ‘‘utilizes,
and is based upon,’’ and inserting ‘‘utilizes the pre-
cautionary approach and is based upon’’.
(b) PRECAUTIONARY APPROACH DEFINED.—Section
3 (16 U.S.C. 1802) is amended by adding at the end the
following:
‘‘(46) 
The 
term 
‘precautionary 
approach’
means—
‘‘(A) exercising additional caution in favor
of conservation in any case in which informa-
tion is absent, uncertain, unreliable, or inad-
equate as to the effects of any existing or pro-
posed action on fish, essential fish habitat,
other marine species, and the marine ecosystem
in which a fishery occurs; and
‘‘(B) selecting and implementing any ac-
tion that will be significantly more likely than
not to satisfy the conservation objectives of this
Act.’’.
(c) NATIONAL STANDARD FOR FISHERY CONSERVA-
TION
AND MANAGEMENT.—Section 301(a) (16 U.S.C.
1851) is amended by adding at the end the following:
‘‘(11) The precautionary approach shall apply
to conservation and management measures, in par-
ticular, and without limitation, to the application of
the national standard set forth in paragraph (1).’’.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 4 (16 U.S.C. 1803) is
amended to read as follows:
‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Sec-
retary to carry out this Act the following:
‘‘(1) For information collection and analysis—
‘‘(A) $195,000,000 for fiscal year 2001;
‘‘(B) $205,000,000 for fiscal year 2002;
‘‘(C) $215,000,000 for fiscal year 2003;
‘‘(D) $225,000,000 for fiscal year 2004;
and
‘‘(E) $235,000,000 for fiscal year 2005.
‘‘(2) 
For 
conservation 
and 
management
operations—
‘‘(A) $120,000,000 for fiscal year 2001;
‘‘(B) $126,000,000 for fiscal year 2002;
‘‘(C) $132,000,000 for fiscal year 2003;
‘‘(D) $139,000,000 for fiscal year 2004;
and
‘‘(E) $146,000,000 for fiscal year 2005.
‘‘(3) For State and industry assistance pro-
grams, $3,000,000 for each of fiscal years 2001,
2002, 2003, 2004, and 2005.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the end of the first section is amended by inserting after
the item relating to section 3 the following:
‘‘Sec. 4. Authorization of appropriations.’’.
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