I 
108TH CONGRESS 
2D SESSION 
H. R. 4706 
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to provide for stewardship of fishery resources for the American public, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2004 
Mr. RAHALL (for himself, Mr. FARR, Mr. JACKSON of Illinois, Ms. LEE, Ms. 
MCCOLLUM, Mrs. CAPPS, Mr. GEORGE MILLER of California, Mr. 
WEXLER, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. CASE, Mr. MORAN of Vir-
ginia, Mr. HONDA, Mr. KUCINICH, Mr. VAN HOLLEN, and Mr. SCHIFF) 
introduced the following bill; which was referred to the Committee on Re-
sources 
A BILL 
To amend the Magnuson-Stevens Fishery Conservation and 
Management Act to provide for stewardship of fishery 
resources for the American public, and for other pur-
poses. 
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 Management 
Reform Act of 2004’’.
SEC. 2. AMENDMENT REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to such 
section or other provision of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 1801 
et seq.). 
SEC. 3. REPRESENTATION OF THE PUBLIC INTEREST ON 
REGIONAL FISHERY MANAGEMENT COUN-
CILS. 
(a) APPOINTMENT
OF
MEMBERS
BY
ADMINIS-
TRATOR.— 
(1) APPOINTMENT OF MEMBERS.—Section 302 
(16 U.S.C. 1852) is amended— 
(A) by striking ‘‘appointed by the Sec-
retary’’ each place it appears and inserting ‘‘ap-
pointed by the Administrator of the National 
Oceanic and Atmospheric Administration’’; 
(B) in paragraphs (2) and (6) of sub-
section (b) by striking ‘‘The Secretary’’ each 
place it appears and inserting ‘‘The Adminis-
trator of the National Oceanic and Atmospheric 
Administration’’; 
(C) in paragraph (5)(A) of subsection (b) 
by striking ‘‘The Secretary’’ the first and sec-
ond places it appears and inserting ‘‘The Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration’’; 
(D) in subsection (b) by striking ‘‘the Sec-
retary’’ each place it appears, other than in 
paragraph (6)(B), and inserting ‘‘the Adminis-
trator’’; and 
(E) in subsection (b)(2)(B)(iii) by striking 
‘‘the Secretary’s’’ and inserting ‘‘the Adminis-
trator’s’’. 
(2) APPLICATION WITH RESPECT TO CURRENT 
MEMBERS OF COUNCILS.— 
(A) APPOINTMENT NOT AFFECTED.—The 
amendment made by paragraph (1)(A) shall not 
affect any appointment by the Secretary of 
Commerce made before the date of the enact-
ment of this Act. 
(B) 
REMOVAL.—In 
applying 
section 
302(b)(6) of the Magnuson-Stevens Fishery 
Conservation and Management Act, as amended 
by this subsection, to a member of a Regional 
Fishery Management Council appointed before 
the date of the enactment of this Act, ‘‘by the 
Secretary’’ shall be substituted for ‘‘by the Ad-
ministrator’’.
(b) REPRESENTATION BY STATE OFFICIALS.—Sec-
tion 302(b)(1)(A) (16 U.S.C. 1852(b)(1)(A)) is amended 
by adding at the end the following: ‘‘Such official shall 
represent the interests of the general public.’’. 
(c) 
ALLOCATION
OF
APPOINTMENTS.—Section 
302(b)(2)(B) (16 U.S.C. 1852(b)(2)(B)) is amended in 
the first sentence— 
(1) by striking ‘‘of the active participants’’ and 
inserting ‘‘among the active participants’’; and 
(2) by inserting before the period the following: 
‘‘and representatives of the public interest in marine 
fish conservation, including individuals who do not 
derive any of their annual income from commercial 
or recreational fishing and who are knowledgeable 
regarding the conservation and management of the 
fishery resources of the geographic area concerned’’. 
(d) CONSULTATION
BY STATES
IN SUBMITTING 
NOMINEES.—Section 
302(b)(2)(C) 
(16 
U.S.C. 
1852(b)(2)(C)) is amended— 
(1) in the second sentence by inserting ‘‘and 
representatives of conservation organizations’’ after 
‘‘commercial and recreational fishing interests’’; and 
(2) by striking the third sentence and inserting 
the following: ‘‘Each list shall consist of a broad 
slate of candidates for each vacancy, shall include at
least two representatives from each of the commer-
cial fishing industry sector, the recreational fishing 
sector, and the marine fish conservation public inter-
est sector who do not derive any of their annual in-
come from commercial or recreational fishing, and 
shall consist solely of individuals who are knowledge-
able regarding the conservation and management of 
the fishery resources of the geographic area con-
cerned.’’. 
(e) TRAINING OF APPOINTED MEMBERS.— 
(1) TRAINING REQUIREMENT.—Section 302(b) 
(16 U.S.C. 1852(b)) is amended by adding at the 
end the following: 
‘‘(7) TRAINING OF APPOINTED MEMBERS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide to each member of a Council appointed 
by the Secretary under this subsection, by not 
later than 6 months after the date of the mem-
ber’s appointment, training in matters relating 
to the functions of the Council, including— 
‘‘(i) fishery science and basic fish 
stock assessment; 
‘‘(ii) social science and fishery eco-
nomics;
‘‘(iii) the requirements of this Act, the 
National Environmental Policy Act of 
1969, chapter 5 of title 5, United States 
Code (popularly known as the Administra-
tive Procedures Act), and other relevant 
statutes or regulations; 
‘‘(iv) conflict of interest policies that 
apply to Council members; and 
‘‘(v) the public process for developing 
fishery management plans. 
‘‘(B) RESTRICTION ON VOTING.—A mem-
ber of a Council to whom the Secretary is re-
quired to provide training under this paragraph 
may not vote on any decision of the Council be-
fore the date the member completes such train-
ing.’’. 
(2) LIMITATION ON APPLICATION.—The amend-
ment made by paragraph (1) shall not apply to a 
member of a Regional Fishery Management Council 
appointed before the date of the enactment of this 
Act. 
(f) TECHNICAL CORRECTION.—Section 302(b)(2)(B) 
(16 U.S.C. 1852(b)(2)(B)) is amended in the second sen-
tence by striking ‘‘Merchant Marine and Fisheries’’ and 
inserting ‘‘Resources’’.
SEC. 4. QUALIFICATION OF VOTING COUNCIL MEMBERS; 
DISCLOSURE OF FINANCIAL INTEREST AND 
RECUSAL. 
(a) QUALIFICATIONS
OF VOTING COUNCIL MEM-
BERS.—Section 302(b)(2)(A) (16 U.S.C. 1852(b)(2)(A)) 
is amended by— 
(1) inserting after ‘‘geographical area con-
cerned’’ the following: ‘‘, and must not have been 
found by the Secretary, after notice and an oppor-
tunity for a hearing in accordance with section 554 
of title 5, United States Code, to have committed an 
act prohibited by section 307(1)(D), (E), (F), (H), 
(I), or (L) or section 307(2)’’; and 
(2) striking ‘‘of the Fishery Conservation 
Amendments of 1990’’ and replacing with ‘‘of the 
Fisheries Management Reform Act of 2004’’. 
(b) DISCLOSURE
OF FINANCIAL INTEREST
AND 
RECUSAL.— 
(1) AMENDMENTS
RELATING
TO
DISCLOSURE 
AND RECUSAL.—Section 302(j) (16 U.S.C. 1852(j)) 
is amended as follows: 
(A) By striking the heading and inserting 
‘‘DISCLOSURE
OF FINANCIAL INTEREST
AND 
RECUSAL.—’’.
(B) By striking paragraph (6), and redes-
ignating paragraphs (7) and (8) in order as 
paragraphs (6) and (7). 
(C) In paragraph (6), as so redesignated, 
by striking so much as precedes subparagraph 
(B) and inserting the following: 
‘‘(6) PROHIBITION ON PARTICIPATION.—(A)(i) 
An affected individual shall not vote on a Council 
decision that would have an effect on a financial in-
terest that the individual is required to disclose 
under paragraph (2). 
‘‘(ii) An affected individual who is prohibited 
from voting on a Council decision may not partici-
pate in any Council deliberations relating to the de-
cision.’’. 
(D) In paragraph (6)(B), as so redesig-
nated— 
(i) by inserting ‘‘or a member of the 
public’’ after ‘‘an affected individual’’; and 
(ii) by striking ‘‘would have a signifi-
cant and predictable effect on a financial 
interest’’ and inserting ‘‘would have an ef-
fect on the financial interest of an affected 
individual’’.
(E) In paragraph (6)(C), as so redesig-
nated, by inserting ‘‘, or member of the public,’’ 
after ‘‘Any Council member’’. 
(F) In paragraph (6), as so redesignated, 
by striking subparagraph (D) and redesignating 
subparagraphs (E) and (F) in order as sub-
paragraphs (D) and (E). 
(G) In paragraph (6)(D), as so redesig-
nated— 
(i) by striking ‘‘may not’’ and insert-
ing ‘‘shall’’; and 
(ii) by inserting before the period the 
following: ‘‘, if the Secretary determines 
that the Council decision had an effect on 
the financial interest of an affected indi-
vidual and the affected individual’s vote 
decided the Council action’’. 
(H) By amending paragraph (6)(E), as so 
redesignated, to read as follows: 
‘‘(E) The Secretary, in consultation with the 
Councils and by not later than one year after the 
date of enactment of the Fisheries Management Re-
form Act of 2004, shall promulgate regulations that 
allow for the making of determinations under sub-
paragraphs (B) and (C).’’.
consider predator-prey relationships and 
other ecological factors; 
‘‘(II) specific habitat and area protec-
tions necessary to protect essential fish 
habitats; and 
‘‘(III) specific requirements necessary 
to protect species listed as threatened spe-
cies or endangered species under section 4 
of the Endangered Species Act of 1973 (16 
U.S.C. 1533); 
‘‘(ii) allow an opportunity for public input, 
including with respect to catch and bycatch lim-
its and habitat protection measures rec-
ommended by the team, consider such input in 
developing its recommendations, and create a 
public record of such input and the team’s re-
sponse to such input; and 
‘‘(iii) publish its recommendations in the 
Federal Register. 
‘‘(D) Recommendations of a regional science 
and technical team submitted to the Secretary under 
this paragraph must be subjected to peer review by 
qualified independent scientists.’’; and 
(2) by adding at the end the following:
‘‘(7) For the purposes of this subsection, the term 
‘qualified independent scientists’ means individuals who— 
‘‘(A) through publication of peer-reviewed sci-
entific literature and academic training, have dem-
onstrated scientific expertise in fisheries science or 
marine ecology; and 
‘‘(B) have no direct financial interest, and are 
not employed by any person with a direct financial 
interest, in any fishery.’’. 
SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS. 
(a) REQUIRED PROVISIONS REGARDING PROTEC-
TION, 
RESTORATION, 
AND
PROMOTION
OF
ECO-
SYSTEMS.—Section 303(a)(1) (16 U.S.C. 1853(a)(1)) is 
amended— 
(1) in subparagraph (A) by inserting before the 
semicolon the following: ‘‘and the associated eco-
system’’; 
(2) by striking ‘‘and’’ after the semicolon at the 
end of subparagraph (B), by striking the period at 
the end of subparagraph (C) and inserting ‘‘; and’’, 
and by adding at the end the following: 
‘‘(D) consistent with the conservation and 
management measures developed by the Sec-
retary pursuant to subsection (e), except a 
Council may modify any conservation and man-
agement measure to provide greater conserva-
tion in order to achieve plan objectives, includ-
ing to protect and maintain the ecological role 
of forage fish.’’; and 
(3) by amending paragraph (14) to read as fol-
lows: 
‘‘(14) allocate any quotas or other conservation 
and management measures established by the Sec-
retary under subsection (e) fairly and equitably 
among the commercial, recreational, and charter 
fishing sectors in the fishery, and allow individual 
sectors of the fishery to develop allocation plans sub-
ject to the approval of the Council.’’. 
(b) DEVELOPMENT OF CONSERVATION AND MAN-
AGEMENT MEASURES BY SECRETARY.—Section 303 (16 
U.S.C. 1853) is amended by adding at the end the fol-
lowing: 
‘‘(e) DEVELOPMENT OF CONSERVATION AND MAN-
AGEMENT MEASURES
BY SECRETARY.—The Secretary 
shall, based on recommendations of the regional science 
and technical teams established under section 302(g)(5), 
provide Councils conservation and management measures 
for incorporation into fishery management plans, plan 
amendments, or annual specifications, that establish—
‘‘(1) catch and bycatch limits that do not ex-
ceed acceptable biological catch limits, including an-
nual limits, that are consistent with the national 
standard set forth in section 301(a)(1) and that con-
sider predator-prey relationships and other ecological 
factors; 
‘‘(2) specific habitat and area protections nec-
essary to protect essential fish habitats; and 
‘‘(3) specific requirements necessary to protect 
species listed as endangered species or threatened 
species under section 4 of the Endangered Species 
Act of 1973 (16 U.S.C. 1533).’’. 
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