‘‘(B) take into account environmental con-
dition including predator/prey relationships;’’; 
and 
(D) by striking the period at the end of sub-
paragraph (D) (as so redesignated) and insert-
ing ‘‘; and’’, and by adding at the end the fol-
lowing: 
‘‘(E) specify a schedule for reviewing the re-
building targets, evaluating environmental im-
pacts on rebuilding progress, and evaluating 
progress being made toward reaching rebuilding 
targets.’’; and 
(2) by adding at the end the following: 
‘‘(8) A fishery management plan, plan amend-
ment, or proposed regulations may use alternative re-
building strategies, including harvest control rules 
and fishing mortality-rate targets to the extent they 
are in compliance with the requirements of this Act. 
‘‘(9) A Council may terminate the application of 
paragraph (3) to a fishery if the Council’s scientific 
and statistical committee determines and the Sec-
retary concurs that the original determination that 
the fishery was depleted was erroneous, either— 
‘‘(A) within the 2-year period beginning on 
the effective date a fishery management plan, 
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plan amendment, or proposed regulation for a 
fishery under this subsection takes effect; or 
‘‘(B) within 90 days after the completion of 
the next stock assessment after such determina-
tion.’’. 
(b) EMERGENCY REGULATIONS AND INTERIM MEAS-
URES.—Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is 
amended by striking ‘‘180 days after’’ and all that follows 
through ‘‘provided’’ and inserting ‘‘1 year after the date of 
publication, and may be extended by publication in the 
Federal Register for one additional period of not more than 
1 year, if’’. 
SEC. 5. MODIFICATIONS TO THE ANNUAL CATCH LIMIT RE-
QUIREMENT. 
Section 302 (16 U.S.C. 1852) is amended by adding 
at the end the following: 
‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN-
NUAL CATCH LIMIT REQUIREMENTS.— 
‘‘(1) CONSIDERATION OF ECOSYSTEM AND ECO-
NOMIC IMPACTS.—In establishing annual catch limits 
a Council may, consistent with section 302(h)(6), con-
sider changes in an ecosystem and the economic needs 
of the fishing communities. 
‘‘(2) LIMITATIONS TO ANNUAL CATCH LIMIT RE-
QUIREMENT
FOR
SPECIAL
FISHERIES.—Notwith-
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standing subsection (h)(6), a Council is not required 
to develop an annual catch limit for— 
‘‘(A) an ecosystem component species; 
‘‘(B) a fishery for a species that has a life 
cycle of approximately 1 year, unless the Sec-
retary has determined the fishery is subject to 
overfishing; or 
‘‘(C) a stock for which— 
‘‘(i) more than half of a single-year 
class will complete their life cycle in less 
than 18 months; and 
‘‘(ii) fishing mortality will have little 
impact on the stock. 
‘‘(3) RELATIONSHIP TO INTERNATIONAL FISHERY 
EFFORTS.—Each annual catch limit may, consistent 
with section 302(h)(6), take into account— 
‘‘(A) management measures under inter-
national agreements in which the United States 
participates; 
‘‘(B) informal transboundary agreements 
under which fishery management activities by 
another country outside the exclusive economic 
zone may hinder conservation efforts by United 
States fishermen for a fish species for which any 
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of the recruitment, distribution, life history, or 
fishing activities are transboundary; and 
‘‘(C) in instances in which no transbound-
ary agreement exists, activities by another coun-
try outside the exclusive economic zone that may 
hinder conservation efforts by United States fish-
erman for a fish species for which any of the re-
cruitment, distribution, life history, or fishing 
activities are transboundary. 
‘‘(4) AUTHORIZATION FOR MULTISPECIES COM-
PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 
For purposes of subsection (h)(6), a Council may es-
tablish— 
‘‘(A) an annual catch limit for a stock com-
plex; or 
‘‘(B) annual catch limits for each year in 
any continuous period that is not more than 
three years in duration. 
‘‘(5) ECOSYSTEM
COMPONENT
SPECIES
DE-
FINED.—In this subsection the term ‘ecosystem com-
ponent species’ means a stock of fish that is a nontar-
get, incidentally harvested stock of fish in a fishery, 
or a nontarget, incidentally harvested stock of fish 
that a Council or the Secretary has determined— 
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‘‘(A) is not subject to overfishing, approach-
ing a depleted condition or depleted; and 
‘‘(B) is not likely to become subject to over-
fishing or depleted in the absence of conservation 
and management measures.’’. 
SEC. 6. DISTINGUISHING BETWEEN OVERFISHED AND DE-
PLETED. 
(a) DEFINITIONS.—Section 3 (16 U.S.C. 1802) is 
amended— 
(1) in paragraph (34), by striking ‘‘The terms 
‘overfishing’ and ‘overfished’ mean’’ and inserting 
‘‘The term ‘overfishing’ means’’; and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(8a) The term ‘depleted’ means, with respect to 
a stock of fish or stock complex, that the stock or stock 
complex has a biomass that has declined below a level 
that jeopardizes the capacity of the stock or stock com-
plex to produce maximum sustainable yield on a con-
tinuing basis.’’. 
(b) SUBSTITUTION OF TERM.—The Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) is amended— 
(1) in the heading of section 304(e), by striking 
‘‘OVERFISHED’’ and inserting ‘‘DEPLETED’’; and 
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