I
107TH CONGRESS
1ST SESSION
H. R. 2570
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
JULY 19, 2001
Mr. FARR of California (for himself, Mr. BLUMENAUER, Mr. ENGLISH, Mr.
GEORGE MILLER of California, Mr. FALEOMAVAEGA, Mr. GREENWOOD,
Ms. WOOLSEY, Ms. MCKINNEY, Mr. MORAN of Virginia, Mr. BORSKI,
Mr. LANTOS, Ms. PELOSI, Mr. BOUCHER, Ms. BALDWIN, Mr. ACEVEDO-
VILA´, Ms. LEE, Mr. WEINER, Mr. CLYBURN, Mr. HONDA, Mrs. DAVIS
of California, and Ms. ESHOO) introduced the following bill; which was
referred to the Committee on Resources
A BILL
To amend the Magnuson-Stevens Conservation and Manage-
ment 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 2001’’.
‘‘(A) catch of nontarget fish species and
nonfish species;
‘‘(B) economic and regulatory discards in-
cluding discards of target species; and
‘‘(C) nontarget fish and nonfish species
that are otherwise killed or injured as a result
of fishing.
Such term does not include target species of fish of
a recreational catch and release fishing program
that are released alive in accordance with that pro-
gram.’’.
(c) NATIONAL STANDARDS FOR FISHERY CONSERVA-
TION AND MANAGEMENT.—Section 301(a)(9) (16 U.S.C.
1859(a)(9)) is amended by striking ‘‘, to the extent prac-
ticable, (A) minimize’’ and insert ‘‘, to the maximum ex-
tent practicable, (A) avoid’’.
(d) REQUIRED PROVISIONS OF FISHERY MANAGE-
MENT PLANS.—Section 303(a) (16 U.S.C. 1853(a)) is
amended—
(1) by amending paragraph (11) to read as fol-
lows:
‘‘(11) establish and implement an accurate and
reliable standardized reporting methodology to as-
sess the amount and type of bycatch occurring in
the fishery within 1 year after the date of enactment
of the Fisheries Recovery Act of 2001, specify objec-
tive and measurable targets to reduce bycatch on an
annual basis by a statistically significant amount
from the previous year, for a period of at least 5
years, utilizing conservation and management meas-
ures that, in the following priority—
‘‘(A) avoid bycatch; and
‘‘(B) minimize the mortality of bycatch
which cannot be avoided;’’; and
(2) by striking ‘‘and’’ after the semicolon at the
end of paragraph (13), by striking the period at the
end of paragraph (14) and inserting a semicolon,
and by adding at the end the following:
‘‘(15) account for all sources of fishing mor-
tality, including bycatch discard mortality, in deter-
mining the maximum sustainable yield for the fish-
ery, in establishing total allowable catch and other
catch limits necessary to achieve the optimum yield,
and in counting catch;
‘‘(16) include conservation and management
measures that provide catch incentives for partici-
pants within and among gear categories to employ
fishing practices that avoid bycatch or minimize the
mortality of bycatch that cannot be avoided;’’.
(e) REPORT ON IMPLEMENTATION OF STANDARD-
IZED REPORTING METHODOLOGIES AND BYCATCH RE-
DUCTION TARGETS AND TIMETABLES.—The Secretary of
Commerce shall report to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Resources within one year after
the date of enactment of this Act, and annually thereafter
for the next 5 years, on the progress made in imple-
menting the requirements of section 303(a)(11) of the
Magnuson-Stevens Fishery Conservation and Manage-
ment Act.
(f) CHARITABLE DONATION OF BYCATCH.—Section
303(b) (16 U.S.C. 1853(b)) is further amended by adding
at the end the following:
‘‘(13) allow the retention and donation for char-
itable purposes of all dead bycatch that cannot oth-
erwise be avoided under terms that ensure, through
the use of onboard fishery observers or other means,
that—
‘‘(A) such retention and donation do not
allow the evasion of vessel trip limits, total al-
lowable catch levels, or other conservation and
management measures;
‘‘(B) participants in such program may not
deduct the cost of harvesting the donated fish,
the value of such fish, or any lost revenue from
harvesting such fish from their individual or
corporate income taxes.’’.
SEC. 4. PROTECTION OF ESSENTIAL FISH HABITAT.
(a) 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), 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 has
been shown to adversely affect essential fish
habitat, unless the Council determines based on
the best scientific information available that a
closure is not necessary to protect such habitat;
and
‘‘(D) identify other actions to encourage
the conservation and enhancement of such habi-
tats;’’.
(b) 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 nontarget 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 nontarget
species.
‘‘(6) The Secretary, in consultation with the appro-
priate Council or Councils, shall conduct a program to
identify and facilitate the introduction of fishing gear or
practices that have minimal adverse impact on essential
fish habitat and minimal bycatch of nontarget species.’’.
SEC. 5. REFORM OF THE REGIONAL FISHERY MANAGE-
MENT COUNCILS.
(a) MEMBERSHIP.—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 indi-
viduals who do not derive any of their annual
income from commercial or recreational fishing
and who are knowledgeable regarding the con-
servation and management of the fishery re-
sources of the geographic area concerned’’;
(2) in subparagraph (B) in the second sentence
by striking ‘‘Merchant Marine and Fisheries’’ and
insert ‘‘Resources’’; and
(3) in subparagraph (C) in the second sentence
by inserting ‘‘and representatives of conservation or-
ganizations’’ after ‘‘commercial and recreational
fishery interests’’.
(b) DISCLOSURE
OF FINANCIAL INTEREST
AND
RECUSAL.—Section 302(j) (16 U.S.C. 1852(j)) is
amended—
(1) in paragraph (6) by striking ‘‘may not’’ and
inserting ‘‘shall’’; and
(2) in paragraph (7)—
(A) by amending so much as precedes sub-
paragraph (C) to read as follows:
‘‘(7)(A) After the effective date of regulations
promulgated under subparagraph (F) of this para-
graph, an affected individual required to disclose a
financial interest under paragraph (2), or an indi-
vidual convicted of violating section 309, shall not
vote on a Council decision which would have a sig-
nificant and predictable effect on such financial in-
terest. A Council decision shall be considered to have
a significant and predictable effect on a financial in-
terest if there is a close causal link between the
Council decision and a significant expected benefit to
the financial interest of the affected individual. An
affected individual who may not vote may participate
in Council deliberations relating to the decision after
notifying the Council of the voting recusal and iden-
tifying the financial interest that would be affected.
‘‘(B) At the request of an affected individual or
a member of the public, or upon the initiative of the
appropriate designated official, the designated offi-
cial shall make a determination for the record
whether a Council decision would have a significant
and predictable effect on the financial interest of an
affected individual’’;
(B) in subparagraph (C) by inserting ‘‘or
member of the public’’ after ‘‘Any Council
Member’’;
(C) by amending subparagraph (E) to read
as follows:
‘‘(E) If the Council makes a decision before the
Secretary has reviewed a determination under sub-
paragraph (C), and the Secretary determines in a
review under subparagraph (C) that the Council de-
cision had a significant and predictable effect on the
financial interest of an affected individual and the
affected individual’s vote decided the Council action,
then the decision by the Council shall have no force
or effect.’’; and
(D) in subparagraph (F) by striking ‘‘Sus-
tainable Fisheries Act’’ and inserting ‘‘Fisheries
Recovery Act of 2001’’.
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 in section 6(c)(3) (16 U.S.C. 971d(c)(3))
in the matter following subparagraph (K) by striking
‘‘have the effect of increasing or decreasing’’ and inserting
‘‘increase or decrease’’.
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 6 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—
‘‘(A) 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 functions, are so inad-
equate or unsafe that the health or safety of the
observer or the safe operation of the vessel
would be jeopardized;
‘‘(B) such a vessel shall not be required to
carry an observer on board if the fishery has
demonstrated, through previous observer or
other data, that it has avoided and minimized
bycatch to the maximum extent practicable; or
‘‘(C) vessels required to carry an observer
pursuant to an international agreement are not
required to carry an observer under this sub-
section;
‘‘(18) except for fishing vessels or operators of
such vessels required to obtain a permit from a
State or international fishery management agency,
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—
‘‘(i) in the exclusive economic zone or
special areas; or
‘‘(ii) for anadromous species of Conti-
nental 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;
‘‘(19) assess user fees based on the value of fish
landings sufficient to fund fishery observer and per-
mit programs for the fisheries under the jurisdiction
of the Council established pursuant to paragraphs
(17) and (18), and deposit such fees in a dedicated
account that shall be available for use by the Sec-
retary exclusively to fund those programs for such
Council; except that—
‘‘(A) the total amount of such fees shall be
matched dollar-for-dollar with funds transferred
pursuant to section 2(a)(5) of the Act of Au-
gust 11, 1939 (chapter 696; 15 U.S.C. 713c–
2), popularly known as the Saltonstall-Kennedy
Act; and
‘‘(B) the Secretary may phase in imple-
mentation of such a user fee for a fishery that
has been declared a disaster;
‘‘(20) shall require that a written receipt be
issued by a fish processor to a fishing vessel owner
or operator for all commercially caught fish, that
records—
‘‘(A) the weight, or number in any case in
which regulations are based on numbers of fish,
of fish landed for each trip;
‘‘(B) the species of fish or complex of fish
taken; and
‘‘(C) the true price per pound paid to the
owner or operator of the vessel;’’.
(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)—
(A) by striking ‘‘considers efficiency;’’ and
inserting ‘‘incorporates and applies ecosystem
principles; considers how fishing affects pred-
ator-prey and other important ecological rela-
tionships within marine ecosystems;’’; and
(B) by striking ‘‘avoid unnecessary waste’’
and inserting ‘‘avoid waste’’.
(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:
‘‘(11) Conservation and management measures
shall—
‘‘(A) in any case in which information is
uncertain, unreliable, or inadequate, reduce
risks by setting reference points for each stock
of fish that take into account such uncertainty,
unreliability, or inadequacy and the action to be
taken if such a reference point is approached or
exceeded;
‘‘(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:
‘‘(21) 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) No later
than 24 months after the date of the enactment of the
Fisheries Recovery Act of 2001—
‘‘(A) the Secretary shall prepare, in conjunction
with the Councils and other scientific, fisheries, and
conservation interests as appropriate, and publish
guidance for development of Fisheries Ecosystem
Plans under this subsection and provide them to the
Councils to facilitate development and implementa-
tion of such plans within the time period prescribed
by this subsection; and
‘‘(B) the Secretary shall issue regulations that
establish a process for preparing and developing
such Fisheries Ecosystem Plans that is consistent
with the fishery management plan process under sec-
tion 304.
‘‘(2) To assist in developing the guidance and regula-
tions under paragraph (1), the Secretary shall—
‘‘(A) conduct workshops with the Councils and
other scientific, fisheries, and conservation interests;
‘‘(B) identify the major ecosystems within each
Council’s jurisdiction; and
‘‘(C) develop at least one pilot fisheries eco-
system plan.
‘‘(3) Each Council shall, within 24 months after the
publication of the guidance and regulations under para-
graph (1) and based on the best scientific information
available, 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 ecosystem are in the jurisdictions of adjacent
Councils, the Councils shall jointly prepare a plan for the
major ecosystem.
‘‘(4) 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.
‘‘(5) The Secretary shall review each Fisheries Eco-
system Plan according to the guidance prepared pursuant
to paragraph (1) 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.
‘‘(6) If, within the 24-month period after publication
of the guidance and regulations required pursuant to para-
graph (1), a Council fails to develop and submit to the
Secretary a Fisheries Ecosystem Plan as required under
this subsection, or if the Secretary disapproves in whole
or in part such a plan, the Secretary shall prepare a plan
for that ecosystem concerned within 33 months after the
publication of the guidance and regulations.
‘‘(7)(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
30-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 amendment is consistent with the principles,
goals, policies, and recommendations of each relevant
Fisheries Ecosystem Plan approved or prepared by the
Secretary.
‘‘(B) Within 30 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 30-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 39 months
after the date of such approval.’’.
SEC. 9. COOPERATIVE RESEARCH AND DATA COLLECTION.
Section 305 (16 U.S.C. 1855) is further amended by
adding at the end the following:
‘‘(k) COOPERATIVE RESEARCH, DATA COLLECTION,
AND GEAR MODIFICATION PROGRAM.—In cooperation
with the Councils, the fishing industry, the conservation
community, and interested academics, the Secretary shall
establish and conduct a cooperative research, data collec-
tion, and gear modification program to—
‘‘(1) conduct conservation engineering projects
designed to avoid bycatch, minimize the mortality of
unavoidable bycatch, or minimize fishery impacts on
essential fish habitat through modifications of fish-
ing gear and practices;
‘‘(2) identify ecosystem effects of fishing, to
monitor marine ecosystem trends and dynamics;
‘‘(3) collect information on the status of stocks
and the life history of managed species;
‘‘(4) provide financial assistance to fishermen to
offset the costs of modifying fishing practices and
gear to meet the requirements of this Act; and
‘‘(5) provide financial or other incentives for
fishermen to develop and utilize fishing gear and
practices that avoid bycatch, the mortality of un-
avoidable bycatch, and adverse impacts on essential
fish habitat.’’.
SEC. 10. 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) when scientific uncertainty exists, ex-
plicit buffers are established to account for such
uncertainty to prevent and stop overfishing.’’;
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(a) (16 U.S.C.
1851(a)) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(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.’’;
(2) in paragraph (3) by striking ‘‘as a unit’’ the
second place it appears;
(3) in paragraph (5) by striking ‘‘shall’’ and in-
serting ‘‘should’’;
(4) in paragraph (6) by inserting before the pe-
riod the following: ‘‘but no such measures shall allow
the overfishing of any stock of fish at any time’’;
and
(5) by amending paragraph (7) to read as fol-
lows:
‘‘(7) Conservation and management measures
shall, where practicable, and consistent with needed
conservation measures, minimize costs and avoid un-
necessary duplication.’’.
(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)(A) specify objective and measurable cri-
teria for identifying when the fishery to which the
plan applies is overfished;
‘‘(B) for purposes of such criteria, apply a defi-
nition of the term ‘overfished’ that is developed and
expressed in terms of a minimum level of spawning
biomass and maximum level or rate of fishing mor-
tality, designed to ensure the restoration and main-
tenance of a fish population’s abundance, age struc-
ture, sex ratio, and size structure so as to prevent
the population from dropping below a level capable
of producing maximum sustainable yield and main-
tain ecological integrity;
‘‘(C) include an analysis of how the criteria
were determined and the relationship of the criteria
to the reproductive potential of stocks of fish in that
fishery; and
‘‘(D) in the case of a fishery that the Council
or the Secretary has determined is approaching an
overfished condition or is overfished, contain con-
servation and management measures to prevent
overfishing or end overfishing and rebuild the fish-
ery;’’.
(e) ACTION BY THE SECRETARY.—Section 304(e) (16
U.S.C. 1854(e)) is amended—
(1) in paragraph (4), by striking ‘‘and’’ after
the semicolon at the end of subparagraph (B), strik-
ing the period at the end of subparagraph (C) and
inserting ‘‘; and’’, and adding at the end the fol-
lowing:
‘‘(D) incorporate measures to protect es-
sential fish habitat for each overfished stock.’’;
(2) 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
plan or amendment and any accompanying regula-
tions to prevent or stop overfishing and rebuild af-
fected stocks of fish within 9 months under sub-
section (c).’’; and
(3) 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).’’.
SEC. 11. 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 shall be based on
the best scientific information available and shall
weigh in favor of conservation when data are 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;
‘‘(B) selecting and implementing any ac-
tion that will be significantly more likely than
not to satisfy the conservation objectives of this
Act; and
‘‘(C) taking into account past sustainable
fishing levels.’’.
(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: