Sec. 504. Improving rebuilding outcomes
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Section 304(e) ( 16 U.S.C. 1854(e) ) is amended— by amending paragraph
(1)to read as follows: The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority. In this report, the Secretary shall do the following: Identify those fisheries that are subject to overfishing, are depleted, or are approaching a condition of being depleted. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing and depleted status specified in such plan or agreement. For stocks that lack criteria as required under Sec 303(a)(10), the Secretary shall determine whether the stock is depleted or subject to overfishing using the best available scientific information. A fishery shall be classified as approaching a condition of being depleted if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become depleted within 2 years. Identify those stocks that are under a rebuilding plan or in need of a rebuilding plan (as specified by this section), including specifying the number of years the stock has been in a rebuilding plan, the length in years of the stock’s current rebuilding plan, the number of rebuilding plans that have been implemented for the stock, and whether a lack of adequate progress toward ending overfishing and rebuilding has been found for the stock. ; by amending paragraph
(2)to read as follows: If the Secretary determines at any time that a fishery is subject to overfishing, is depleted, or is approaching a depleted status, the Secretary shall immediately notify the appropriate Council and request that action be taken— to end overfishing in the fishery immediately and prevent overfishing in the fishery; for stocks that are depleted, to end overfishing immediately in the fishery and to implement conservation and management measures to rebuild affected stocks of fish; or for stocks that are approaching a depleted condition, to end overfishing in the fishery immediately and prevent the stock from reaching a depleted condition. The Secretary shall publish each notice under this paragraph in the Federal Register. ; by amending paragraph
(3)to read as follows: Not later than 2 years after the date on which a fishery is newly identified as or determined to be depleted or approaching a depleted condition under paragraph (1)(A) or paragraph (2), a fishery’s rebuilding plan has been found to have failed under paragraph (7)(C), or a fishery reaches the end of the time period for rebuilding pursuant to paragraph (8), the appropriate Council (or the Secretary, for fisheries under section 302(a)(3)) shall prepare and implement a fishery management plan, plan amendment, or proposed regulations for the fishery to which the identification or notice applies— for stocks that are depleted, to end overfishing immediately in the fishery and to rebuild affected stocks of fish; or for stocks that are approaching a depleted condition, to end overfishing immediately and prevent the stock from reaching a depleted condition. ; in paragraph (4)— by amending subparagraph (A)(ii) to read as follows: not exceed the time the stock of fish would be rebuilt without fishing occurring plus one mean generation, unless management measures under an international agreement in which the United States participates dictate otherwise; ; in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: contain objective and measurable criteria for evaluating rebuilding progress. ; by amending paragraph
(5)to read as follows: If, during the 2-year period beginning on the date of identification or notification, the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required by paragraph (3), the Secretary shall prepare under subsection
(c)not later than 6 months after the end of such 2-year period, a fishery management plan or plan amendment and any accompanying regulations to, for stocks that are depleted, end overfishing immediately and rebuild affected stocks of fish, or, for stocks that are approaching an depleted condition, to end overfishing immediately and prevent the stock from reaching an depleted condition. ; by amending paragraph
(7)to read as follows: The Secretary shall review any fishery management plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed 2 years to determine whether such plan, amendment, or regulations have resulted in adequate progress toward rebuilding affected fish stocks. The Secretary shall find a lack of adequate progress toward rebuilding an affected fish stock if— the status of the stock is not improving sufficiently such that it becomes unlikely that the stock will be rebuilt within the rebuilding time period; the applicable fishing mortality rate or annual catch limits are exceeded, and the causes and rebuilding consequences of such exceedances have not been corrected; new scientific information demonstrates that assumptions regarding the stock's biology that formed the basis for the rebuilding plan, such as stock productivity, were fundamentally inaccurate, and such inaccuracies render the current rebuilding plan unable to address the stock's rebuilding needs; or for other reasons, as appropriate. If, as a result of the review, the Secretary finds that such plan, amendment, or regulations have not resulted in adequate progress toward rebuilding affected fish stocks, the Secretary shall— in the case of a fishery to which section 302(a)(3) applies, immediately make revisions necessary to achieve adequate progress toward rebuilding by the deadline established under paragraph (4); or for all other fisheries, immediately notify the appropriate Council, which must make revisions necessary to achieve adequate progress toward rebuilding by not later than the deadline established under paragraph (4). If the Council fails to take such action by the date that is 9 months after the date of such notification, the Secretary shall, not later than 15 months after such date, make such revisions as are needed to ensure adequate progress toward rebuilding by not later than the deadline established under paragraph (4). If, as a result of the review, the Secretary finds that revisions pursuant to subparagraph
(B)cannot achieve adequate progress within the time period set under paragraph (4), the Secretary may find that the rebuilding plan has failed. Upon such a finding, the Council (or the Secretary in the case of a stock to which section 302(a)(3) applies) shall prepare and implement a new rebuilding plan pursuant to the requirements in paragraph (8). The Secretary shall publish the results of a review performed under this paragraph in the Federal Register, including a determination of adequate progress or lack of adequate progress, and the basis for such determination. ; and by adding at the end the following: If the time period established under a plan, amendment, or regulations pursuant to this subsection expires, or the Secretary determines that an existing rebuilding plan has failed under paragraph (7)(C), but relevant stock has not rebuilt, the Council (or Secretary in the case of a stock to which section 302(a)(3) applies) shall prepare a new rebuilding plan pursuant to paragraphs
(3)through
(6)of this subsection, except that such plan shall have no less than a 75 percent chance of rebuilding the fishery by the end of the new time period set under paragraph (4). Management measures intended to rebuild the stock shall remain in effect during such preparation of a rebuilding plan. .
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Sec. 504
Improving rebuilding outcomes
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