I 
111TH CONGRESS 
1ST SESSION H. R. 1584 
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to extend the authorized time period for rebuilding of certain overfished 
fisheries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2009 
Mr. PALLONE (for himself, Mr. LOBIONDO, Mr. FRANK of Massachusetts, Mr. 
JONES, Mr. KENNEDY, Mr. ADLER of New Jersey, Ms. GINNY BROWN- 
WAITE of Florida, and Mr. MCINTYRE) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To amend the Magnuson-Stevens Fishery Conservation and 
Management Act to extend the authorized time period 
for rebuilding of certain overfished 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 ‘‘Flexibility in Rebuild-
ing American Fisheries Act of 2009’’. 
VerDate Nov 24 2008 
06:55 Mar 19, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1584.IH
H1584
wwoods2 on PRODPC68 with BILLS
SEC. 2. EXTENSION OF TIME PERIOD FOR REBUILDING 
CERTAIN OVERFISHED FISHERIES. 
Section 304(e) of the Magnuson-Stevens Fishery 
Conservation 
and 
Management 
Act 
(16 
U.S.C. 
1854(e)(4)) is amended— 
(1) in paragraph (4)(A)— 
(A) in clause (i) by striking ‘‘possible’’ and 
inserting ‘‘practicable’’; and 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(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; 
VerDate Nov 24 2008 
06:55 Mar 19, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1584.IH
H1584
wwoods2 on PRODPC68 with BILLS
‘‘(III) the Secretary determines 
that such 10-year period should be ex-
tended to provide for the sustained 
participation of fishing communities 
or to minimize the economic impacts 
on such communities, provided that 
there is evidence that the stock of fish 
is on a positive rebuilding trend; 
‘‘(IV) the Secretary determines 
that such 10-year period should be ex-
tended for one or more stocks of fish 
of a multi-species fishery, provided 
that there is evidence that those 
stocks are on a positive rebuilding 
trend; 
‘‘(V) the Secretary determines 
that such 10-year period should be ex-
tended 
because 
of 
a 
substantial 
change to the biomass rebuilding tar-
get for the stock of fish concerned 
after the rebuilding plan has taken ef-
fect; or 
‘‘(VI) the Secretary determines 
that such 10-year period should be ex-
tended because the biomass rebuilding 
VerDate Nov 24 2008 
06:55 Mar 19, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1584.IH
H1584
wwoods2 on PRODPC68 with BILLS
target exceeds the highest abundance 
of the stock of fish in the 25-year pe-
riod preceding and there is evidence 
that the stock is on a positive rebuild-
ing trend;’’; or 
(2) in paragraph (7), in the matter preceding 
subparagraph (A), by inserting after the first sen-
tence the following: ‘‘In evaluating progress to end 
overfishing and to rebuild overfished stocks of fish, 
the Secretary shall review factors, other than com-
mercial fishing and recreational fishing, that may 
contribute to a stock of fish’s overfished status, such 
as commercial, residential, and industrial develop-
ment of, or agricultural activity in, coastal areas and 
their impact on the marine environment, predator/ 
prey relationships of target and related species, and 
other environmental and ecological changes to the 
marine conditions.’’; and 
(3) by adding at the end the following: 
‘‘(8) If the Secretary determines that extended 
rebuilding time is warranted under subclause (III), 
(IV), (V), or (VI) of paragraph (4)(A)(ii), the max-
imum time allowed for rebuilding the stock of fish 
concerned may not exceed the sum of the following 
time periods: 
VerDate Nov 24 2008 
06:55 Mar 19, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1584.IH
H1584
wwoods2 on PRODPC68 with BILLS