S. 2244Senate108th Congress (2003-2005)In Committee

Freedom to Fish Act

Introduced March 26, 2004

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S3214-3215)

March 26, 2004

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SenateIntro Referral

Introduced in Senate

March 26, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S3214)

March 26, 2004

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S3214-3215)

March 26, 2004

Floor Debate

2 members

What members said about S. 2244 on the floor

1 Republican1 Democrat
Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · Mar 26, 2004

Mr. President, today I am introducing legislation to provide relief to small businesses struggling with the high cost of health care. Rising health care costs are a serious problem for most…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Mar 26, 2004

Mr. President, I rise today to introduce the Freedom to Fish Act. This legislation, cosponsored by Senator Breaux, addresses an unsettling situation arising over access to our Nation's public coastal…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Mar 26, 2004

Mr. President, I rise today to introduce the Freedom to Fish Act. This legislation, cosponsored by Senator Breaux, addresses an unsettling situation arising over access to our Nation's public coastal…

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued March 26, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2244 Introduced in Senate (IS)]

2d Session
S. 2244

To protect the public's ability to fish for sport, and for other
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 26, 2004

Mrs. Hutchison (for herself and Mr. Breaux) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation

_______________________________________________________________________

A BILL

To protect the public's ability to fish for sport, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This bill may be cited as the ``Freedom to Fish Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Recreational fishing is traditionally the most popular
outdoor sport with more than 50,000,000 participants of all
ages, in all regions of the country.
(2) Recreational anglers makes a substantial contribution
to local, State, and national economies and infuse
$116,000,000,000 annually into the national economy.
(3) In the United States, more than 1,200,000 jobs are
related to recreational fishing, a number that is approximately
1 percent of the entire civilian workforce in the United
States. In communities that rely on seasonal tourism, the
expenditures of recreational anglers result in substantial
benefits to the local economies and small businesses in those
communities.
(4) Recreational anglers have long demonstrated a
conservation ethic. In addition to payment of Federal excise
taxes on fishing equipment, motorboats and fuel, as well as
license fees, recreational anglers contribute more than
$500,000,000 annually to State fisheries conservation
management programs and projects.
(5) It is a long standing policy of the Federal Government
to allow public access to public lands and waters for
recreational purposes in a manner that is consistent with
principals of sound conservation. This policy is reflected in
the National Forest Management Act of 1976, the Wilderness Act,
the Wild and Scenic Rivers Act, and the National Parks and
Recreation Act of 1978.
(6) In most instances, recreational fishery resources can
be maintained without restricting public access to fishing
areas through a variety of management measures including take
limits, minimum size requirements, catch and release
requirements, gear adaptations, and closed seasons.
(7) A clear policy is required to demonstrate to
recreational anglers that recreational fishing can be managed
without unnecessarily prohibiting such fishing.
(8) A comprehensive policy on the implementation, use, and
monitoring of marine protected areas is required to maintain
the optimum balance between recreational fishing and sustaining
recreational fishery resources.

SEC. 3. POLICY.

It is the policy of the United States to promote sound conservation
of fishery resources by ensuring that--
(1) Federal regulations promote access to fishing areas by
recreational anglers to the maximum extent practicable;
(2) recreational anglers are actively involved in the
formulation of any regulatory procedure that contemplates
imposing restrictions on access to a fishing area; and
(3) limitations on access to fishing areas by recreational
anglers are not imposed unless such limitations are
scientifically necessary to provide for the conservation of a
fishery resource.

SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
AMENDMENTS.

(a) Limitation on Closures.--Section 303(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended
by adding at the end the following:
``(15) not establish geographic areas where recreational
fishing is prohibited unless--
``(A) clear indication exists that recreational
fishing in such area is the cause of a specific
conservation problem in the fishery;
``(B) no alternative conservation measures related
to recreational fishing, such as gear restrictions,
quotas, or closed seasons will adequately provide for
conservation and management of the fishery;
``(C) the management plan--
``(i) provides for specific measurable
criteria to assess whether the
prohibition provides conservation benefits to the fishery; and
``(ii) requires a periodic review to assess
the continued need for the prohibition not less
than once every 3 years;
``(D) the best available scientific information
supports the need to close the area to recreational
fishing; and
``(E) the prohibition is terminated as soon as the
condition in subparagraph (A) that was the basis of the
prohibition no longer exists.''.
(b) Technical Amendments.--Such section is further amended--
(1) in paragraph (13), by striking ``and'' after the
semicolon; and
(2) in paragraph (14), by striking ``fishery.'' and
inserting ``fishery; and''.

SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.

Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C.
1434(a)(5)) is amended to read as follows:
``(5) Fishing regulations.--
``(A) In general.--The Secretary shall provide the
appropriate Regional Fishery Management Council with
the opportunity to prepare, and to revise from time to
time, draft regulations for fishing within the
exclusive economic zone as the Council may deem
necessary to implement the proposed designation.
``(B) Relationship to magnuson.--Draft regulations
prepared by the Council under subparagraph (A) shall be
made in accordance with the standards and procedures of
the Magnuson Act.
``(C) Regulation within a state.--Such regulations
may regulate a fishery within the boundaries of a State
(other than the State's internal waters) if--
``(i) the Governor of the State approves
such regulation; or
``(ii) the Secretary determines, after
notice and an opportunity for a hearing in
accordance with section 554 of title 5, United
States Code, that the State has taken any
action, or omitted to take any action, the
results of which will substantially and
adversely affect the fulfillment of the
purposes and policies of this Act and the goals
and objectives of the proposed designation.
``(D) Notification and hearing.--If the Secretary
makes a determination under subparagraph (C)(ii) to
regulate a fishery within the boundaries of such State
(other than State's internal waters)--
``(i) the Secretary shall promptly notify
the State and the appropriate Council of such
determination;
``(ii) the State may request that a hearing
be held pursuant to section 554 of title 5,
United States Code; and
``(iii) the Secretary shall conduct a
hearing requested under clause (ii) prior to
taking any action to regulate a fishery within
the boundaries of such State (other than the
State's internal waters) under subparagraph
(C)(ii).
``(E) Termination of regulation within a state.--If
the Secretary, pursuant to a determination under
subparagraph (C)(ii), assumes responsibility for the
regulation of any fishery, the State involved may at
any time thereafter apply to the Secretary for
reinstatement of its authority over such fishery. If
the Secretary finds that the reasons for which the
Secretary assumed such regulation no longer prevail,
the Secretary shall promptly terminate such
regulation.''.
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