Overfished fisheries and preventing overfishing
Title V — Sustaining fisheries through healthy ecosystems and improved management
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(a) Information provided by scientific and statistical committees Section 302(g)(1) (16 U.S.C. 1852(g)(1)) is amended— (1) in subparagraph (A), by inserting ecological, after social,; and (2) by amending subparagraph (B) to read as follows: (B) Each scientific and statistical committee shall provide its Council with ongoing scientific advice for fishery management decisions, including— (i) recommendations— (I) for accounting for all sources of mortality in establishing management measures; (II) for the acceptable biological catch levels; (III) for preventing overfishing; (IV) for maximum sustainable yield; and (V) for achieving rebuilding targets and promoting resilience of stocks of fish to climate change; (ii) objective and measurable criteria to determine whether a stock of fish is overfished or experiencing overfishing; and (iii) reports regarding 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 stocks of fish, fishing communities, and fishery sectors.. (b) Minimum required precautionary standard Section 303(a)(10) (16 U.S.C. 1853(a)(10)) is amended to read as follows: (10) specify objective and measurable criteria for identifying when the stock of fish to which the plan applies is overfished or subject to overfishing (with an analysis of how such criteria were determined and the relationship of such criteria to the reproductive potential of stocks of fish in that fishery), which may not be less precautionary than the recommendation of the scientific and statistical committees for such fishery as required by section 302(g)(1)(B), and, in the case of a fishery which the Council or the Secretary has determined is approaching a condition of being overfished or is overfished, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery;. (c) Technical correction Section 301 of the Modernizing Recreational Fisheries Management Act of 2018 (16 U.S.C. 1801 note) is amended to read as follows: 301. Rule of construction Nothing in this Act, including the amendment made by section 102(a)(3), may be construed to modify the requirements of section 301(a), 302(h)(6), 303(a)(15), or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a), 1852(h)(6), 1853(a)(15), or 1854(e)), or the equal application of such requirements and other standards and requirements under that Act (18 U.S.C. 1801 et seq.) to commercial, charter, and recreational fisheries, including each component of mixed-use fisheries..