151 
Program, and a summary of how such technologies 
and methods have been implemented into fishery 
management, or an explanation for why such tech-
nologies and methods have not been implemented.’’. 
SEC. 504. IMPROVING REBUILDING OUTCOMES. 
Section 304(e) (16 U.S.C. 1854(e)) is amended to read 
as follows:— 
‘‘(e) REBUILDING OVERFISHED FISHERIES AND END-
ING OVERFISHING.— 
‘‘(1) DETERMINATION OF STATUS.— 
‘‘(A) IN GENERAL.—The Secretary shall, de-
termine, based on the best scientific information 
available and at any time, for stocks within each 
Council’s geographic area of authority, (or the 
Secretary, for stocks managed under section 
302(a)(3)), whether such stock of fish is each of 
the following: 
‘‘(i) Subject to overfishing. 
‘‘(ii) Overfished. 
‘‘(iii) Approaching a condition of 
being overfished. 
‘‘(B) CRITERIA FOR DETERMINATION.— 
‘‘(i) CRITERIA PROVIDED BY MANAGING 
DOCUMENT.—In making a determination 
under subparagraph (A), the Secretary 
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shall, with respect to a stock of fish man-
aged under a stock of fish management plan 
or international agreement, use the criteria 
specified in such plan or agreement. 
‘‘(ii) APPROACHING
A
CONDITION
OF 
BEING OVERFISHED.—In making a deter-
mination under subparagraph (A), the Sec-
retary shall classify a stock of fish as ap-
proaching a condition of being overfished if, 
based on trends in fishing effort, fishery re-
source size, and other appropriate factors, 
the Secretary estimates that the stock of fish 
will become overfished within 2 years. 
‘‘(iii) STOCKS
LACKING
CRITERIA.— 
For stocks that lack criteria as required 
under section 303(a)(10), the Secretary 
shall determine whether the stock is over-
fished or subject to overfishing using the best 
available scientific information. 
‘‘(2) PUBLICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
publish each determination made under para-
graph (1) in the Federal Register. 
‘‘(B) NOTIFICATION
OF
COUNCIL.—If the 
Secretary determines that a stock of fish is sub-
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ject to overfishing, overfished, or approaching a 
condition of being overfished under paragraph 
(1), the Secretary shall immediately notify the 
appropriate Council and request that action be 
taken— 
‘‘(i) to end overfishing with respect to 
the stock of fish immediately; 
‘‘(ii) for a stock of fish that is over-
fished, to end overfishing immediately and 
to implement conservation and management 
measures to rebuild affected the stock of fish; 
or 
‘‘(iii) for a stock of fish that is ap-
proaching an overfished condition, to end 
overfishing immediately and prevent the 
stock of fish from reaching a overfished con-
dition. 
‘‘(C) ANNUAL REPORT.—The Secretary shall 
submit an annual report to Congress and the 
Councils. Such report— 
‘‘(i) shall list each determination made 
with respect to a stock of fish under para-
graph (1) during the preceding year; 
‘‘(ii) shall identify each stock of fish 
managed under this Act that is under a re-
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building plan or in need of a rebuilding 
plan (as specified by this section), includ-
ing— 
‘‘(I) specifying the number of 
years the stock of fish has been in a re-
building plan; 
‘‘(II) the anticipated length in 
years of the stock of fish’s current re-
building plan; 
‘‘(III) the number of rebuilding 
plans that have been implemented for 
the stock of fish; and 
‘‘(IV) whether a lack of adequate 
progress toward ending overfishing and 
rebuilding has been found for the stock 
of fish; and 
‘‘(iii) may use, as appropriate, the 
term ‘depleted’ to further describe an over-
fished stock of fish that has been signifi-
cantly impacted by environmental factors 
in addition to (or in absence of) fishing 
pressure. 
‘‘(3) REQUIRED ACTION BY COUNCIL.— 
‘‘(A) DETERMINATION THAT REQUIRES AC-
TION.—Not later than 2 years after date on 
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which the Secretary makes any of the following 
determinations, the appropriate Council (or the 
Secretary, for fisheries managed under section 
302(a)(3)) shall take an action described in sub-
paragraph (B): 
‘‘(i) A determination that a stock of 
fish is subject to overfishing, overfished, or 
approaching a condition of being overfished. 
‘‘(ii) A determination that a rebuild-
ing plan has failed under paragraph (7)(C). 
‘‘(iii) A determination that a stock of 
fish has reached the end of the time period 
for a rebuilding plan under paragraph (8). 
‘‘(B) ACTIONS.—The actions described in 
this subparagraph are— 
‘‘(i) with respect to a stock of fish that 
is subject to overfishing, to end overfishing 
immediately and prevent overfishing of the 
stock; 
‘‘(ii) with respect to a stock of fish that 
is overfished, to end overfishing immediately 
and to rebuild the stock of fish; or 
‘‘(iii) with respect to a stock of fish 
that is approaching an overfished condition, 
to end overfishing immediately and prevent 
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the stock of fish from reaching an overfished 
condition. 
‘‘(4) REBUILDING PLAN REQUIRED.—For a stock 
of fish that is overfished, any management document 
prepared pursuant to paragraph (3) or paragraph (5) 
for such fishery shall— 
‘‘(A) specify a time period for rebuilding 
the stock of fish that shall— 
‘‘(i) be as short as possible, taking into 
account the status and biology of overfished 
stocks of fish, the needs of fishing commu-
nities, recommendations by international 
organizations in which the United States 
participates, and the interaction of the over-
fished stock of fish within the marine eco-
system; and 
‘‘(ii) not exceed the time the stock of 
fish would be rebuilt in the absence of any 
fishing mortality plus one mean generation; 
‘‘(B) allocate both overfishing restrictions 
and recovery benefits fairly and equitably among 
sectors of the fishery; 
‘‘(C) for a stock of fish managed under an 
international agreement, reflect traditional par-
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