I 
108TH CONGRESS 
1ST SESSION H. R. 3645
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to clarify the definition of ‘‘essential fish habitat’’, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2003
Mr. YOUNG of Alaska 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 clarify the definition of ‘‘essential 
fish habitat’’, 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. ESSENTIAL FISH HABITAT. 
(a) DEFINITION.—Section 3(10) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802(10)) is amended to read as follows: 
‘‘(10) The term ‘essential fish habitat’ means 
those marine waters and discrete, unique benthic 
structures that—
‘‘(A) exist within the exclusive economic 
zone only in discrete areas; and 
‘‘(B) have been determined to be crucial to 
spawning, breeding, and the continued produc-
tion of a specific stock of fish.’’. 
(b) MINIMIZATION OF ADVERSE IMPACTS ON ESSEN-
TIAL FISH HABITAT.—Section 303 of such Act (16 U.S.C. 
1853) is amended—
(1) in subsection (a)(7) by striking ‘‘, mini-
mize’’ and all that follows through ‘‘fishing,’’; and 
(2) in subsection (b)(4) by inserting before the 
semicolon the following: ‘‘, and including measures 
to minimize to the extent practicable adverse effects 
on essential fish habitat described and identified in 
the plan that are caused by fishing’’. 
SEC. 2. DURATION OF MEASURES TO REBUILD OVER-
FISHED FISHERIES. 
Section 304(e)(4)(A)(ii) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1854(e)(4)(A)(ii)) is amended to read as follows: 
‘‘(ii) not exceed 10 years, except in 
cases where—
‘‘(I) the biology of the stock of 
fish, other environmental conditions, 
or management measures under an
international agreement in which the 
United States participates dictate oth-
erwise; 
‘‘(II) the Secretary determines 
that such 10-year period should be ex-
tended because the cause of the fish-
ery decline is outside the jurisdiction 
of the Council or the rebuilding pro-
gram cannot be effective only by lim-
iting fishing activities; or 
‘‘(III) the Secretary determines 
that such 10-year period should be ex-
tended for one or more overfished 
components of a multi-species fish-
ery.’’. 
SEC. 3. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969. 
(a) IN GENERAL.—Title III of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1851 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 315. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969. 
‘‘Any fishery management plan, amendment to such 
a plan, or regulation implementing such a plan that is pre-
pared in accordance with applicable provisions of sections 
303 and 304 of this Act is deemed to have been prepared 
in compliance with the requirements of section 102(2)(C) 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of that Act is amended—
(1) by striking the first item relating to section 
312 and inserting the following:
‘‘312. Transition to sustainable fisheries.’’;
and 
(2) by striking the item following the item re-
lating to section 314 and inserting the following:
‘‘315. Compliance with National Environmental Policy Act of 1969.’’.
SEC. 4. BERING SEA AND ALEUTIAN ISLAND CRAB RATION-
ALIZATION PROGRAM ADJUSTMENT. 
As of the effective date of any Act implementing the 
Bering Sea and Aleutian Islands Crab Rationalization 
Program approved by the North Pacific Fishery Manage-
ment Council, that Program is amended to require that— 
(1) Blue Dutch, LLC, shall receive ‘‘Class A’’ 
crab processing quota shares equal to 1.5 percent of 
the total allowable catch for each of the following 
fisheries: the Bristol Bay red king crab fishery, the 
Bering Sea C. opilio crab fishery, the Bering Sea C. 
bairdi crab fishery, the St. Matthew blue king crab
fishery, and the Pribilof blue and red king crab fish-
ery; and 
(2) the Program implementing regulations shall 
include proportionate reductions of ‘‘Class A’’ crab 
processing quota shares for other holders of such 
shares so that the total of all ‘‘Class A’’ crab proc-
essing quota shares for the fisheries referred to in 
paragraph (1), including the amount specified in 
paragraph (1), equals 90 percent of the total allow-
able catch. 
SEC. 5. ALASKA COMMUNITY DEVELOPMENT QUOTA PRO-
GRAM. 
(a) ELIGIBILITY.—All communities currently ap-
proved for participation in the western Alaska community 
development quota program, either listed in table 7 to part 
679 of title 50, Code of Federal Regulations, or approved 
by the National Marine Fisheries Service on April 19, 
1999, are deemed to have met the eligibility criteria for 
participation in the program, under criteria set forth in 
section 305(i)(1)(B) of the Magnuson-Stevens Fishery 
Conservation 
and 
Management 
Act 
(16 
U.S.C. 
1855(i)(1)(B)). Additional communities meeting this cri-
teria may be approved for eligibility in the future. 
(b) ALLOCATION.—Section 206(a) of title II of divi-
sion C of Public Law 105–277 (112 Stat. 2681–621) is
amended by striking ‘‘1999, 10’’ and inserting ‘‘2004, 
12’’. 
SEC. 6. REPORT REGARDING TREATMENT OF INTER-
NATIONAL 
FISHERY 
COMMISSION 
PEN-
SIONERS. 
The President shall— 
(1) determine the number of United States citi-
zens who—
(A) served as employees of the Inter-
national Pacific Salmon Fisheries Commission 
or the International North Pacific Fisheries 
Commission; and 
(B) worked in Canada in the course of em-
ployment with that commission; 
(2) calculate for each such employee the dif-
ference between—
(A) the value, in United States currency, 
of the annuity payments made and to be made 
(determined by an actuarial valuation) by or on 
behalf of each such commission to the em-
ployee; and 
(B) the value, in Canadian currency, of 
such annuity payments; and 
(3) by not later than September 1, 2004, sub-
mit to the Committee on Resources of the House of