I
107TH CONGRESS
2D SESSION
H. R. 5030
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
JUNE 26, 2002
Mr. YOUNG of Alaska (for himself and Mr. HANSEN) 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:
‘‘Sec. 312. Transition to sustainable fisheries.’’; and
(2) by striking the item following the item re-
lating to section 314 and inserting the following:
‘‘Sec. 315. Compliance with National Environmental Policy Act of 1969.’’.
Æ