Sec. 505. Depleted fisheries and preventing overfishing
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Section 3 ( 16 U.S.C. 1802 ) is amended by inserting after paragraph
(8)the following: The term depleted means, with respect to a stock or stock complex, that its biomass has declined below the level at which the capacity of the stock or stock complex to produce maximum sustainable yield on a continuing basis is jeopardized. A depleted condition may be caused by numerous factors, alone or in combination, such as fishing effort, habitat loss, ecosystem changes or climate change, overfishing, inadequate forage, or other characteristics of or stressors on the stock or stock complex. The term depleted has the meaning given to the term overfished by this section before the date of enactment of the Sustaining America’s Fisheries for the Future Act of 2021 for the purposes of determining the application of any court precedent issued before such date. . The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) is amended— in section 3 ( 16 U.S.C. 1802 ), by amending paragraph
(34)to read as follows: The term overfishing means a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis. ; by striking the term overfished each place such term appears and inserting depleted ; in the heading of subsection
(e)of section 304, by striking and inserting Overfished . Depleted The provisions of this Act and the amendments made by this Act are not intended to alter the legal mandate to prevent depletion of fisheries and to rebuild depleted fisheries upon determination of their depleted status, which includes among other things ending or curtailing fishing while the fishery rebuilds. Section 302(g)(1) ( 16 U.S.C. 1852(g)(1) ) is amended— in subparagraph (A), by inserting ecological, after social ; and by amending subparagraph
(B)to read as follows: Each scientific and statistical committee shall provide the appropriate Council with ongoing scientific advice for fishery management decisions, including— recommendations for accounting for all sources of mortality in establishing management measures, for the acceptable biological catch levels, for preventing overfishing, for maximum sustainable yield, and for achieving rebuilding targets and promoting resilience of fish stocks to climate change; objective and measurable criteria for determining whether a stock is depleted or experiencing overfishing; and reports on stock status and health, sources of mortality, bycatch, habitat status, social, ecological, and economic impacts of management measures, and sustainability of fishing practices, and prevailing and anticipated future impacts of climate change on fish stocks, fishing communities, and fishery sectors. . Section 303(a)(10) ( 16 U.S.C. 1853(a)(10) ) is amended by inserting , which may not be less precautionary than the recommendation of the scientific and statistical committees for such fishery, before and, . Section 301 of the Modernizing Recreational Fisheries Management Act of 2018 ( 16 U.S.C. 1801 note) is amended to read as follows: Nothing in this Act, including the amendment made by section 102(a)(3), shall be construed as modifying the requirements of sections 301(a), 302(h)(6), 303(a)(15), or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act, or the equal application of such requirements and other standards and requirements under the Magnuson-Stevens Fishery Conservation and Management Act to commercial, charter, and recreational fisheries, including each component of mixed-use fisheries. .
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Sec. 505
Depleted fisheries and preventing overfishing
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