Sec. 303. Flexibility in rebuilding fish stocks
491 words·~2 min read·
/bill/117/hr/59/ih/section-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 304(e) ( 16 U.S.C. 1854(e) ) is amended— in paragraph (4)— in subparagraph (A)(i), by striking possible and inserting practicable ; by amending subparagraph (A)(ii) to read as follows: may not exceed the time the stock would be rebuilt without fishing occurring plus one mean generation, except in a case in which— the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; the Secretary determines that the cause of the stock being depleted is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; the Secretary determines that one or more components of a mixed-stock fishery is depleted but cannot be rebuilt within that time frame without significant economic harm to the fishery, or cannot be rebuilt without causing another component of the mixed-stock fishery to approach a depleted status; the Secretary determines that recruitment, distribution, or life history of, or fishing activities for, the stock are affected by informal transboundary agreements under which management activities outside the exclusive economic zone by another country may hinder conservation and management efforts by United States fishermen; and the Secretary determines that the stock has been affected by unusual events that make rebuilding within the specified time period improbable without significant economic harm to fishing communities; ; by striking and after the semicolon at the end of subparagraph (B), by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), and by inserting after subparagraph
(A)the following: take into account environmental condition including predator/prey relationships; ; and by striking the period at the end of subparagraph
(D)(as so redesignated) and inserting ; and , and by adding at the end the following: specify a schedule for reviewing the rebuilding targets, evaluating environmental impacts on rebuilding progress, and evaluating progress being made toward reaching rebuilding targets. ; and by adding at the end the following: A fishery management plan, plan amendment, or proposed regulations may use alternative rebuilding strategies, including harvest control rules and fishing mortality-rate targets to the extent they are in compliance with the requirements of this Act. A Council may terminate the application of paragraph
(3)to a fishery if the Council’s scientific and statistical committee determines and the Secretary concurs that the original determination that the fishery was depleted was erroneous, either— within the 2-year period beginning on the effective date a fishery management plan, plan amendment, or proposed regulation for a fishery under this subsection takes effect; or within 90 days after the completion of the next stock assessment after such determination. . Section 305(c)(3)(B) ( 16 U.S.C. 1855(c)(3)(B) ) is amended by striking 180 days after and all that follows through provided and inserting 1 year after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 1 year, if .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources