BEST SCIENTIFIC INFORMATION AVAILABLE
Section 3 (16 U.S.C. 1802) is amended by inserting a new paragraph (_) as follows:
"(_) The term ‘best scientific information available' means information that—
"(A) is directly related to the specific issue under consideration;
"(B) is based on a sufficient statistical sample such that any conclusions drawn are reasonably supported and not mere
speculation;
"(C) is consistent with information that has been peer-reviewed and published in applicable and appropriate
scientific publications;
"(D) has been collected within a time frame that is reasonably related to the specific issue under consideration;
"(E) is consistent with information that is available from other reliable sources;
"(F) has been collected and presented in a manner that is not calculated to favor any particular point of view; and
"(G) may consider, but is not based exclusively on, anecdotal information collected from the harvesting and processing
of fish."Information that does not meet this definition shall not provide the basis for fishery management decisions and shall not be accorded deference during judicial review."
PEER REVIEW
Section 302(g) (16 U.S.C. 1852(g)) is amended by adding the following -
"(6) Each Council shall establish one or more scientific review committees to conduct peer reviews of all stock assessments prepared for fisheries under the Council's jurisdiction. Committees established under this paragraph shall, at a minimum, consist of at least one member from each of the committees established under paragraphs (1) and (3) of this subsection, one member who is not affiliated with the authors of the stock assessments under review, and such other members as the Council considers appropriate."Section 302(h) (16 U.S.C. 1852(h)) is amended -
1) by striking "and" at the end of paragraph (5);
2) by redesignating paragraph (6) as paragraph (7); and
3) by inserting the following -
"(6) conduct a peer review of any stock assessment prepared for a fishery under its jurisdiction, utilizing the
committee established under subsection (g)(6); and"ESSENTIAL FISH HABITAT
Section 3 (16 U.S.C. 1802) is amended by inserting a new paragraph (_) as follows:
"(_) The term "habitat areas of particular concern' means an area that is a discrete vulnerable subunit of essential fish habitat that is required for a stock to sustain itself and which is designated through a specified set of national criteria which includes, at a minimum, a requirement that designation be based on information regarding habitat-specific density of that fish stock, and growth, reproduction, and survival rates of that stock within the designated area."Section 303(a)(7) (16 U.S.C.(a)(7)) is amended to read as follows:
"(7) describe and identify essential fish habitat and habitat areas of particular concern for the fishery based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize to the extent practicable adverse effects on habitat areas of particular concern caused by fishing which prevent a stock of fish from sustaining itself on a continuing basis, and identify other actions to encourage the conservation and enhancement of such habitat."Section 305(b)(1) (16 U.S.C. (b)(1)) is amended by inserting "and habitat areas of particular concern" following "essential fish habitat" each time it appears in subparagraphs (A) and (B).
OVERFISHING / REBUILDING
Section 3 (16 U.S.C. 1802) is amended—
(1) by amending paragraph (29) to read as follows:
"(29) The terms ‘overfishing' and ‘overfished' mean a rate or level of harvest that jeopardizes the ability of a stock of fish to produce maximum sustainable yield on a continuing basis."; and
(2) by inserting the following:
"(_) The term ‘carrying capacity' means the maximum population level of a stock of fish that the current state of the environment will support while allowing for the removal of surplus production.""(_) The term ‘maximum sustainable yield' means the largest annual catch or yield in terms of weight of fish caught by both commercial and recreational fishermen that can be continuously taken from a stock under existing carrying capacity, and which is adjusted as carrying capacity changes."
"(_) The term ‘surplus production' means the biomass of fish that can be removed from a stock of fish without harming the stock's ability to sustain itself."
Section 304(e) (16 U.S.C. 1854(e)) is amended—
(1) in paragraph (1) —
(A) by striking "(1)" and inserting in lieu thereof "(1)(A)";
(B) by striking "fisheries" each time it appears and inserting in lieu thereof "stocks of fish";
(C) by amending the last sentence to read as follows—
"A stock of fish shall be classified as approaching a condition of being overfished if, based on the best scientific
information available and other appropriate factors, the Secretary estimates that the stock of fish will become
overfished within two years."; and
(D) by adding at the end the following—
"(B) If the Secretary determines that insufficient information is available on which to conclude that a stock of fish
is approaching a condition of being overfished, the Secretary shall immediately notify the appropriate Council and within
six months of such notification implement a cooperative research program designed to provide the information needed to
determine whether or not the stock of fish is approaching a condition of being overfished.";
(2) by amending paragraph (2) to read as follows—
"(2) If the Secretary determines at any time that a stock of fish is overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing and to implement conservation and management measures to rebuild the stock of fish. In the case of a fishery which harvests more than one stock of fish, such conservation and management measures shall not require that fishing be reduced for those stocks of fish which are not overfished. The Secretary shall publish each notice under this paragraph in the Federal Register.";
(3) in paragraph (3)--
(A) by striking "Within one year" and inserting in lieu thereof "Within three years"; and
(B) in subparagraph (A) by striking "to end overfishing" and inserting in lieu thereof "to address overfishing";
(4) in paragraph (4) —
(A) by striking "For a fishery that is overfished" and inserting in lieu thereof "For a fishery involving a stock of fish that is overfished"; and
(B) by amending subparagraph (A) to read as follows—
"(A) specify a time period for addressing overfishing and rebuilding the overfished stock or stocks in the fishery that is as short as possible, taking into account the status, biology, and carrying capacity of any overfished stocks, the best scientific information available, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock or stocks within the marine ecosystem;";
(5) in paragraph (5)--
(A) by striking "within the one-year period" and inserting in lieu thereof "within the three year period";
(B) by striking "that a fishery is overfished" and inserting in lieu thereof "that one or more stocks of fish in a fishery are overfished"; and
(C) by striking "regulations to stop overfishing" and inserting in lieu thereof "regulations to address overfishing";
(6) in the second sentence of paragraph (6), by striking "to stop overfishing of a fishery" and inserting in lieu thereof "to address overfishing of a stock or stocks of fish in a fishery";
(7) in paragraph (7)--
(A) in the first sentence by inserting "and the best scientific information available related to the fishery management plan, plan amendment, or regulations" before "at routine intervals";
(B) in the second sentence by striking "ending overfishing" and inserting in lieu thereof "addressing overfishing, sufficient data collection,";
(C) by striking "or" at the end of subparagraph (A);
(D) by striking the period at the end of subparagraph (B) and inserting "; or"; and
(E) by adding a new subparagraph as follows—
"(C) design and implement a cooperative program to collect the best scientific information available for such fish
stocks.".FISH AS FOOD
Section 2(a) (16 U.S.C. 1801(a)) is amended by adding the following:
"(11) Fish are an important natural renewable resource of food and fisheries have played a traditional and essential role in providing high quality protein for human use.
"(12) Fish are an important source of essential nutrients, particularly Omega-3 fatty acids, and there is agreement among medical scientists that some of the world's most serious diseases can be attenuated by increased fish consumption."Section 2(b) (16 U.S.C. 1801(b)) is amended —
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting "; and"; and
(3) by adding at the end the following:
"(8) To promote fisheries conservation and management that will enhance our nation's food supply, income, and
economic growth."Section 2(c) (16 U.S.C. 1801(c)) is amended—
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting "; and"; and
(3) by adding at the end the following:
"(8) that conservation and management measures shall contribute to the food supply, economy, and health of the
Nation."OBSERVERS
Section 303(a) is amended -
1) by striking "and" at the end of paragraph (13);
2) by striking the period at the end of paragraph (14) and inserting "; and"; and
3) by adding the following -
"(15) to the extent that observers are deployed on board United States fishing vessels or in United States fish processing plants under the provisions of a fishery management plan or regulations implementing a fishery management plan, comply with the goals and objectives required under subsection (e)."Section 303 is further amended by adding the following -
"(e) OBSERVER PROGRAMS.--
"(1) Prior to establishing a program under this Act which utilizes observers deployed on United States fishing
vessels or in United States fish processing plants, the Council with jurisdiction over the fishery (or in the case of a
highly migratory species fishery, the Secretary) in which the observers will be deployed shall establish a set of goals
and objectives and an implementation schedule for the program and a statistically reliable method for achieving the
goals and objectives.
"(2) The goals and objectives required under paragraph (1) shall ensure equity among the various harvesting
and processing sectors in the fishery; shall ensure that the costs of the program are appropriately shared by all
beneficiaries, including participants in other fisheries; and shall ensure that those fishing vessels and processing plants
where observers are deployed are not put at a disadvantage with respect to other harvesters or processors in that
fishery or in other fisheries.
"(3) No observer program may be established until the provisions of paragraphs (1) and (2) are met."
CUMULATIVE IMPACTS
Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is amended to read as follows —
"(8) Conservation and management measures shall, consistent with the conservation requirements of this Act (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities, and the cumulative economic and social impact of fishery conservation and management measures on such communities, in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities."OPTIMUM YIELD CAP
Section 3(28(B) (16 U.S.C. 1802(28)(B)) is amended by striking "reduced" and inserting in lieu thereof "modified".EFFECT ON FISHING
Section 305(b)(2) (16 U.S.C. 1855(b)(2)) is amended—
1) by striking the period at the end of the subparagraph and inserting "; or";
2) by inserting "(A)" following "any action"; and
3) by adding the following—
"(B) authorized, funded, permitted, or undertaken, or proposed to be authorized, funded, permitted, or undertaken, by such agency that may adversely affect the catching, taking, harvesting, or processing of fish in any fishery managed under this Act."