I 
109TH CONGRESS 
2D SESSION 
H. R. 4940 
To amend the Magnuson-Stevens Fishery Conservation and Management Act, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2006 
Mr. FRANK of Massachusetts (for himself and Mr. TIERNEY) introduced the 
following bill; which was referred to the Committee on Resources 
A BILL 
To amend the Magnuson-Stevens Fishery Conservation and 
Management Act, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fishery Management Amendments of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of Magnuson-Stevens Fishery Conservation and Manage-
ment Act. 
Sec. 3. Rebuilding depleted fisheries. 
Sec. 4. Economic and social impacts of fishery management actions. 
Sec. 5. Improvements in fishery science and research. 
Sec. 6. Fishing safety. 
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Sec. 7. Bycatch. 
Sec. 8. Capacity reduction. 
Sec. 9. Individual fishing quotas. 
Sec. 10. Compliance with National Environmental Policy Act of 1969. 
Sec. 11. Grants for construction or repair of wharves and related facilities. 
Sec. 12. Fishery science education program. 
Sec. 13. Authorization of Appropriations. 
SEC. 2. AMENDMENT OF MAGNUSON-STEVENS FISHERY 
CONSERVATION AND MANAGEMENT ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 1801 
et seq.). 
SEC. 3. REBUILDING DEPLETED FISHERIES. 
(a) TREATMENT OF STOCKS AS DEPLETED; PREVEN-
TION OF UNSUSTAINABLE FISHING.— 
(1) DEFINITIONS.—Section 3 (16 U.S.C. 1802) 
is amended— 
(A) by striking paragraph (29); 
(B) by redesignating the last paragraph 
(relating to the definition of ‘‘waters of a for-
eign nation’’) as paragraph (46); and 
(C) by adding at the end the following: 
‘‘(47) The term ‘depleted’ means, with respect 
to a stock of fish, that, based on the best scientific 
information available, the stock of fish is below 50 
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percent of the population level that is necessary to 
produce maximum sustainable yield for the stock of 
fish on a continuing basis. 
‘‘(48) The term ‘unsustainable fishing’ means, 
with respect to a stock of fish, a rate of fishing mor-
tality that, based on the best scientific information 
available, is likely, if such rate is maintained, to re-
sult over time in a reduction in the stock of fish 
below a population level that is consistent with pro-
ducing maximum sustainable yield for the stock of 
fish on a continuing basis.’’. 
(2) SUBSTITUTION OF TERMS.—The Magnuson- 
Stevens Fishery Conservation and Management Act 
is amended— 
(A) by striking ‘‘overfished’’ each place it 
appears and inserting ‘‘depleted’’; 
(B) by striking ‘‘OVERFISHED’’ each place 
it appears and inserting ‘‘DEPLETED’’; and 
(C) by striking ‘‘overfishing’’ each place it 
appears and inserting ‘‘unsustainable fishing’’. 
(b) ENSURING SCIENTIFIC DETERMINATIONS OF DE-
PLETED
CONDITIONS.—Section 304(e)(1) (16 U.S.C. 
1854(e)(1)) is amended by adding at the end the fol-
lowing: ‘‘All determinations by the Secretary under this 
subsection that a fishery is depleted or approaching a con-
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dition of being depleted shall be based on the best sci-
entific information available, shall be subject to peer re-
view in accordance with section 404(d), and shall include 
an explanation of the cause or causes of the depleted con-
dition of the fishery’’. 
(c) REBUILDING FLEXIBILITY.—Section 304(e) (16 
U.S.C. 1854(e)) is amended— 
(1) in paragraph (4)(A)(ii) by inserting after 
‘‘other environmental conditions,’’ the following: ‘‘a 
need to alleviate a projected significant negative eco-
nomic impact on fishing communities (subject to the 
requirements in paragraph (10)),’’; 
(2) in paragraph (4) by striking ‘‘and’’ after 
the semicolon at the end of subparagraph (B), by 
striking the period at the end of subparagraph (C) 
and inserting ‘‘; and’’, and by adding at the end the 
following: 
‘‘(D) for a multispecies fishery in which 
more than one stock of fish within the fishery 
is subject to a fishery management plan, plan 
amendment, regulation, or proposed regulation 
pursuant to paragraph (3) or (5), provide that 
the rebuilding deadline may be extended for an 
individual stock of fish within the fishery sub-
ject to the management measures in such plan, 
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amendment, or regulation, for an additional 
time period that is not longer than the time pe-
riod specified for the fishery under subpara-
graph (A), if— 
‘‘(i) such stock is not projected to be 
rebuilt at the conclusion of the time period 
specified under subparagraph (A); 
‘‘(ii) taking into account the biology 
of the several stocks of fish in the multi-
species fishery— 
‘‘(I) the aggregate average popu-
lation for all of the stocks of fish in 
the multispecies fishery that are sub-
ject to the management measures is 
projected, under a formula established 
by the Secretary in accordance with 
paragraph (8), to remain at a level 
that is consistent with producing max-
imum sustainable yield on a con-
tinuing basis; and 
‘‘(II) no individual stock of fish 
that is subject to the management 
measures is depleted or projected to 
be depleted; and 
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‘‘(iii) the Secretary, taking into ac-
count the biology of the stock of fish for 
which the deadline is extended, certifies 
that such stock of fish is projected, using 
the best scientific information available, to 
continue rebuilding.’’; and 
(3) by adding at the end the following: 
‘‘(8) The Secretary shall issue a regulation that 
establishes the formula for calculating the aggregate 
average of all stocks of fish in a multispecies fishery 
for purposes of paragraph (4)(D). The Secretary 
shall provide an opportunity for submission of public 
comment on such formula for a 6-month period. The 
formula shall be based on the best scientific informa-
tion available, and shall take into account the rel-
ative sizes of the populations of the various stocks 
of fish in the fishery. The Secretary shall ensure 
that any finding, based on such formula, as to 
whether a multispecies fishery is rebuilt shall be sub-
ject to peer review in accordance with section 404. 
‘‘(9) The Secretary may extend the rebuilding 
time period under paragraph (4)(A)(ii), if— 
‘‘(A) the biomass rebuilding target is sub-
stantially increased during the rebuilding pe-
riod; 
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‘‘(B) the extension will apply only to those 
species for which the new biomass targets ex-
ceed the targets in the existing plan; 
‘‘(C) the extension does not exceed 10 
years; and 
‘‘(D) the best scientific information avail-
able shows that the extension will allow contin-
ued rebuilding and completion of rebuilding by 
the end of the extension. 
‘‘(10) The Secretary may extend the rebuilding 
time period under paragraph (4)(A)(ii) to alleviate 
projected significant negative economic impact on 
fishing communities, if— 
‘‘(A) the determination of economic impact 
has been subject to peer review in accordance 
with section 404; 
‘‘(B) the best scientific information avail-
able shows that rebuilding will be achieved in 
no more than twice the number of years of the 
original rebuilding period; and 
‘‘(C) the best scientific information avail-
able shows that the extension will allow contin-
ued rebuilding and completion of rebuilding by 
the end of the extension. 
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‘‘(11) The Secretary or the Council may, during 
a rebuilding period, amend a rebuilding plan to allow 
an increase in the rate of harvest of the depleted 
stock of fish concerned, if— 
‘‘(A) the Secretary determines during the 
rebuilding period that the depleted stock of fish 
is rebuilding at a significantly faster rate than 
the rate that was projected at the beginning of 
the rebuilding period; and 
‘‘(B) the best scientific information avail-
able shows that the increased rate will allow 
continued rebuilding and completion of rebuild-
ing by the end of the rebuilding period.’’. 
(d) CONSIDERATION
OF ENVIRONMENTAL CONDI-
TIONS AND NATURAL FLUCTUATIONS.—Section 304(e)(1) 
(16 U.S.C. 1854(e)(1)) is further amended by inserting 
‘‘environmental conditions, natural biological fluctua-
tions,’’ after ‘‘fishery resource size,’’. 
(e) ACTIONS FOLLOWING DETERMINATION OF DE-
PLETED STATE.—Section 304(e) (16 U.S.C. 1854(e)) is 
further amended— 
(1) in paragraph (2) by striking the first sen-
tence and inserting the following: ‘‘(A) If the Sec-
retary determines at any time that a fishery is de-
pleted, and that unsustainable fishing is a cause of 
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the depleted state of the fishery, the Secretary shall 
immediately notify the appropriate Council and re-
quest that action be taken to end unsustainable fish-
ing in the fishery in a manner consistent with sec-
tion 304(e)(3) and to implement conservation and 
management measures to rebuild affected stocks of 
fish.’’; 
(2) by adding at the end of paragraph (2) the 
following: 
‘‘(B) If the Secretary determines that environ-
mental conditions or other factors not directly re-
lated to fishing have contributed to the depleted 
state of the fishery, the Secretary— 
‘‘(i) shall immediately notify the appro-
priate Council and may request that action be 
taken to end unsustainable fishing in the fish-
ery in a manner consistent with section 
304(e)(3) and to implement conservation and 
management measures to rebuild the fishery; 
and 
‘‘(ii) shall consult with the Administrator 
of the Environmental Protection Agency or 
other appropriate Federal Government officials 
on additional methods of alleviating such condi-
tions or factors.’’; 
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(3) in paragraph (3) by striking ‘‘or’’ after the 
semicolon at the end of subparagraph (A), by strik-
ing the period at the end of subparagraph (B) and 
inserting ‘‘; or’’ and by adding at the end the fol-
lowing: 
‘‘(C) coordinate other actions to alleviate 
the depleted condition of the fishery with other 
Federal Government officials.’’; 
(4) in paragraph (4)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘shall’’; 
(B) in each of subparagraphs (A), (B), and 
(C) by inserting ‘‘shall’’ after the subparagraph 
designation; and 
(C) by striking ‘‘and’’ after the semicolon 
at the end of subparagraph (B), by striking the 
period at the end of subparagraph (C) and in-
serting ‘‘and’’, and by adding at the end the 
following: 
‘‘(D) may temporarily permit fishing dur-
ing a rebuilding period at rates that, if such 
temporary rates were maintained until the end 
of the rebuilding period, could result in rebuild-
ing not being completed by the end of the re-
building period, if the mortality rates associated 
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with such temporary rates (and any adjust-
ments to such mortality rates that are required 
pursuant to fishery management measures 
adopted during the rebuilding period) are pro-
jected to produce continued rebuilding and lead 
to a completion of rebuilding by the end of the 
rebuilding period (or the end of any extension 
of the rebuilding period under paragraph (9) or 
(10)).’’; 
(5) in paragraph (5) by striking ‘‘the Secretary 
shall prepare’’ and all that follows through the end 
of the sentence and inserting ‘‘the Secretary shall, 
within 9 months after the end of such one-year pe-
riod, prepare under subsection (c) a fishery manage-
ment plan or plan amendment and any accom-
panying regulations that may be necessary to rebuild 
affected stocks of fish, including, if necessary, meas-
ures to stop, or reduce the rate of, unsustainable 
fishing.’’; 
(6) in paragraph (6) by striking the last sen-
tence; and 
(7) in paragraph (7) in the second sentence by 
striking ‘‘ending overfishing and’’. 
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SEC. 4. ECONOMIC AND SOCIAL IMPACTS OF FISHERY MAN-
AGEMENT ACTIONS. 
(a) RESTORING
BALANCE
BETWEEN
NATIONAL 
STANDARDS
ON UNSUSTAINABLE FISHING
AND ECO-
NOMIC IMPACT.—Section 301 (16 U.S.C. 1851) is amend-
ed by adding at the end the following: 
‘‘(c) RULE
OF CONSTRUCTION REGARDING NA-
TIONAL STANDARD (8).—Paragraph (8) of subsection (a) 
shall be construed to be of equal importance as the other 
paragraphs of subsection (a). The Secretary shall ensure 
that paragraph (8) of subsection (a)— 
‘‘(1) is applied to the same extent as the other 
paragraphs of subsection (a); and 
‘‘(2) is given consideration that is substantially 
the same as the consideration given to the other 
paragraphs of subsection (a), with respect to all fish-
ery management plans, decisions, and actions under 
this Act.’’. 
(b) CUMULATIVE ECONOMIC AND SOCIAL IMPACT.— 
Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is amended by 
inserting after ‘‘the importance of fishery resources to 
fishing communities’’ the following: ‘‘and the cumulative 
economic and social impact of fishery conservation and 
management measures on such communities’’. 
(c) REQUIRED PROVISIONS OF FISHERY MANAGE-
MENT PLANS.—Section 303(a)(9) (16 U.S.C. 1853(a)(9)) 
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is amended by inserting before the semicolon the following: 
‘‘, including the likely economic and social impacts of the 
plan or amendment on the affected participants and fish-
ing communities’’. 
(d) AMENDMENT TO DEFINITION OF FISHING COM-
MUNITY.—Section 3(16) (16 U.S.C. 1802(16)) is amend-
ed— 
(1) by striking ‘‘and crew’’ and inserting 
‘‘crew’’; and 
(2) by inserting ‘‘, and other shore side busi-
nesses that have substantial involvement in the fish-
ing industry,’’ after ‘‘processors’’. 
(e) FISHING INDUSTRY HEALTH CARE COVERAGE 
DEMONSTRATION PROGRAM.— 
(1) GRANTS PROGRAM AUTHORIZED.—The Sec-
retary shall carry out a program of grants in accord-
ance with this subsection to organizations for plan-
ning, implementation, and administration of quali-
fying health care coverage programs that provide 
benefits to individuals who are employed in the fish-
ing industry (and their families), and— 
(A) who are in general ineligible for exist-
ing health care coverage programs because of 
the sporadic and transient nature of employ-
ment opportunities in the fishing industry; 
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(B) whose ability to acquire health care 
coverage is negatively affected by the nature of 
the fishing industry or fishery management ac-
tions; or 
(C) whose ability to acquire health care 
coverage is negatively affected by a natural dis-
aster that has a harmful economic impact on 
commercial fishing. 
(2) GRANT
PROGRAM
REQUIREMENTS.—The 
Secretary shall award grants under this sub-
section— 
(A) on a competitive basis; 
(B) after consultation with government of-
ficials or representatives of organizations who 
are familiar with the commercial fishing indus-
try in the affected area; 
(C) according to the terms and limits de-
scribed in paragraphs (4), (5), and (6), except 
that grants that are awarded under paragraphs 
(5) and (6) shall include a requirement for non- 
Federal matching funds equal to 40 percent of 
the grant amount; 
(D) to programs in no more than 10 
States, and to no more than one such program 
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in each State, except as provided in paragraph 
(7); 
(E) pursuant to such application proce-
dures as the Secretary may require; and 
(F) subject to any review, financial stand-
ards, or other requirements the Secretary may 
establish to ensure compliance with the pur-
poses of the grants on an ongoing basis. 
(3) QUALIFIED
HEALTH
INSURANCE
PRO-
GRAM.—A program shall be considered a qualifying 
health care coverage programs under this subsection 
if the program— 
(A) is administered by a non-profit fishing- 
related organization with an independent board 
of directors that includes commercial fishing in-
dustry representatives; 
(B) provides high quality, affordable, pre-
ventive health care coverage to individuals de-
scribed in paragraph (1); 
(C) provides health care on a sliding scale 
premium rate structure that includes provisions 
that, for the purposes of determining rates, 
take into account the economic conditions of the 
fishing industry in the program’s service area, 
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and the condition of the fish stocks that are im-
portant to the fishing industry in such area; 
(D) provides ongoing enrollment, outreach, 
and other activities to expand the program’s 
coverage; and 
(E) establishes a reserve fund, maintains 
aggregate and specific reinsurance coverage, 
and meets any other risk management controls 
and financial standards required by the Sec-
retary. 
(4) PROGRAM
PLANNING
GRANTS.—The Sec-
retary may award grants, up to a maximum amount 
of $100,000 per year for no more than two years, 
to organizations to conduct initial research and plan-
ning for the development of a qualifying health care 
coverage program. Any grantee under this para-
graph shall— 
(A) conduct a demographic survey of the 
affected State’s fishing industry and such in-
dustry’s health care needs; 
(B) develop a strategic plan for implemen-
tation of a qualifying health care coverage pro-
gram within the affected State, including a de-
tailed financial plan; and 
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(C) transmit to the Secretary the informa-
tion described in subparagraphs (A) and (B), 
and any other information and assurances that 
may be required by the Secretary. 
(5) PROGRAM IMPLEMENTATION GRANTS.—The 
Secretary may award grants, up to a maximum 
amount of $2,000,000 per year for no more than 
two years, to an organization for initial implementa-
tion of qualifying health care coverage programs 
that are developed with a grant under paragraph (4) 
(or that are developed through other sources of 
funds, regardless of whether such implementation 
occurred prior to enactment of this paragraph), if, 
pursuant to review, application requirements, and 
other standards established by the Secretary, such 
organizations— 
(A) satisfactorily complete the actions de-
scribed in subparagraphs (A), (B), and (C) of 
paragraph (4); and 
(B) demonstrate the capability to success-
fully implement a qualifying program. 
(6) ADMINISTRATION OF PROGRAMS.—The Sec-
retary may award grants, up to a maximum amount 
of $3,000,000 per year for no more than five years, 
to organizations for administration of programs that 
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are implemented by means of grants awarded under 
paragraph (5) (or that are implemented through 
other sources of funds, regardless of whether such 
implementation occurred prior to enactment of this 
paragraph), if, pursuant to review, application re-
quirements, and other standards established by the 
Secretary, such organizations— 
(A) satisfactorily complete the actions de-
scribed in paragraph (5); and 
(B) demonstrate the capability to success-
fully administer a qualifying health care cov-
erage program. 
(7) EXTENDED GRANT ELIGIBILITY.—The Sec-
retary may provide grants, up to a maximum of 
$3,000,000 per year, to organizations that have been 
previously awarded grants for 5 years under para-
graph (6), for continued implementation of a quali-
fying health care coverage program, if, pursuant to 
regulations issued by the Secretary, the economic 
conditions of the fishing industry in the program’s 
service area, or the condition of the fish stocks that 
are important to the fishing industry in such area, 
jeopardize the ability of such programs to continue 
providing affordable health care coverage. 
(8) MULTISTATE PROGRAMS.— 
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