I
107TH CONGRESS
1ST SESSION
H. R. 3104
To protect the public’s ability to fish for sport, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 2001
Mr. PETERSON of Minnesota (for himself, Mr. MCHUGH, Mr. SAXTON, Mr.
GREEN of Wisconsin, Mr. PICKERING, and Mr. WALSH) introduced the
following bill; which was referred to the Committee on Resources
A BILL
To protect the public’s ability to fish for sport, 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 bill may be cited as the ‘‘Freedom to Fish Act’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Recreational fishing is traditionally one of
the most popular outdoor sports with more than 45
million participants of all ages, in all regions of the
country.
(2) Recreational fishing makes a substantial
contribution to the local, State, and national econo-
mies. According to the most recent economic figures,
recreational fishing infuses $108 billion annually
into the national economy. Nationally, over 1.2 mil-
lion jobs are related to recreational fishing; this rep-
resents approximately 1 percent of the nation’s en-
tire civilian work force. For those communities and
small businesses that rely on seasonal tourism, the
expenditures of recreational fishers result in sub-
stantial benefits to the local economies.
(3) Recreational fishers have long demonstrated
a conservation ethic, including through catch-and-re-
lease fisheries and through the use of non-lethal
fishing gear. In addition to payment of Federal ex-
cise taxes on fishing equipment, motorboats, and
fuel, as well as license fees, recreational fishers con-
tribute over $500 million annually to State fisheries
conservation management programs and projects.
(4) The single most important element of rec-
reational fishing is open access to places to fish. The
open access principle is universally accepted on all
Federal lands and waters including national wildlife
refuges, national parks, wilderness areas, and the
exclusive economic zone.
(5) All recreational fishery resources can be
maintained through a variety of management meas-
ures, including take limits, minimum size require-
ments, and closed seasons, without unnecessarily re-
stricting public access to places to fish.
(6) The absence of clear congressional policy
has confused the general public as to how programs
within the National Oceanic and Atmospheric Ad-
ministration complement one another with respect to
recreational fishing.
SEC. 3. POLICY.
It is the policy of the Congress in this Act—
(1) to ensure that all Federal regulations pro-
mote open access for recreational fishing to the max-
imum extent practicable;
(2) to ensure that recreational fishers will be
actively involved in any regulatory procedures that
contemplate restrictions on their access to places to
fish; and
(3) To ensure that whenever access to fishing
places is restricted, that the restricted areas be as
small as are scientifically necessary to provide for
the conservation of the fishery resource.
SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT AMENDMENT.
Section 303(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853(a))
is amended—
(1) by striking ‘‘and’’ after the semicolon in
paragraph (13);
(2) by striking ‘‘fishery.’’ in paragraph (14)
and inserting ‘‘fishery; and;’’ and
(3) by adding at the end the following:
‘‘(15) not establish areas closed to recreational
fishing unless—
‘‘(A) there is a clear indication that rec-
reational fishermen are the cause of a specific
conservation problem and that less severe con-
servation measures, such as gear restrictions,
quotas, or closed seasons, will not adequately
provide for conservation and management of
the affected stocks of fish;
‘‘(B) the closed area regulation includes
specific measurable criteria to determine the
conservation benefit of the closed area on the
affected stocks of fish and provides a timetable
for periodic review of the continued need for the
closed area at least once every three years;
‘‘(C) the closed area is no larger than that
which is supported by the best available sci-
entific information; or
‘‘(D) provision is made to reopen the
closed area to recreational fishing whenever the
condition in subparagraph (A), (B), or (C) that
was the basis of the closure no longer exists.’’.
SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMEND-
MENT.
Section 304(a)(5) of the National Marine Sanctuaries
Act (16 U.S.C. 1434(a)(5)) is amended to read as follows:
‘‘(5) FISHING REGULATIONS.—The Secretary shall
provide the appropriate Regional Fishery Management
Council with the opportunity to propose, and revise from
time to time, all regulations applicable to fishing within
designated marine sanctuaries according to the standards
and procedures of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et. seq.).
The regulations, upon approval by the Secretary, shall
apply within the exclusive economic zone, and may be ap-
plied within the boundaries of a State, with the approval
of the Governor of the State, or pursuant to the authority
of the Secretary under section 306(b) of that Act (16
U.S.C. 1856(b).’’.
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