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[DOCID: f:h3104ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3104

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2001

  Mr. Peterson of Minnesota (for himself, Mr. McHugh, Mr. Saxton, Mr. 
   Green of Wisconsin, Mr. Pickering, and Mr. Walsh) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 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.

    The Congress makes the following findings:
            (1) Recreational fishing is traditionally one of the most 
        popular outdoor sports with more than 45 million participants 
        of all ages, in all regions of the country.
            (2) Recreational fishing makes a substantial contribution 
        to the local, State, and national economies. According to the 
        most recent economic figures, recreational fishing infuses $108 
        billion annually into the national economy. Nationally, over 
        1.2 million jobs are related to recreational fishing; this 
        represents approximately 1 percent of the nation's entire 
        civilian work force. For those communities and small businesses 
        that rely on seasonal tourism, the expenditures of recreational 
        fishers result in substantial benefits to the local economies.
            (3) Recreational fishers have long demonstrated a 
        conservation ethic, including through catch-and-release 
        fisheries and through the use of non-lethal fishing gear. In 
        addition to payment of Federal excise taxes on fishing 
        equipment, motorboats, and fuel, as well as license fees, 
        recreational fishers contribute over $500 million annually to 
        State fisheries conservation management programs and projects.
            (4) The single most important element of recreational 
        fishing is open access to places to fish. The open access 
        principle is universally accepted on all Federal lands and 
        waters including national wildlife refuges, national parks, 
        wilderness areas, and the exclusive economic zone.
            (5) All recreational fishery resources can be maintained 
        through a variety of management measures, including take 
        limits, minimum size requirements, and closed seasons, without 
        unnecessarily restricting public access to places to fish.
            (6) The absence of clear congressional policy has confused 
        the general public as to how programs within the National 
        Oceanic and Atmospheric Administration complement one another 
        with respect to recreational fishing.

SEC. 3. POLICY.

    It is the policy of the Congress in this Act--
            (1) to ensure that all Federal regulations promote open 
        access for recreational fishing to the maximum extent 
        practicable;
            (2) to ensure that recreational fishers will be actively 
        involved in any regulatory procedures that contemplate 
        restrictions on their access to places to fish; and
            (3) To ensure that whenever access to fishing places is 
        restricted, that the restricted areas be as small as are 
        scientifically necessary to provide for the conservation of the 
        fishery resource.

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

    Section 303(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853(a)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (13);
            (2) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery; and;'' and
            (3) by adding at the end the following:
            ``(15) not establish areas closed to recreational fishing 
        unless--
                    ``(A) there is a clear indication that recreational 
                fishermen are the cause of a specific conservation 
                problem and that less severe conservation measures, 
                such as gear restrictions, quotas, or closed seasons, 
                will not adequately provide for conservation and 
                management of the affected stocks of fish;
                    ``(B) the closed area regulation includes specific 
                measurable criteria to determine the conservation 
                benefit of the closed area on the affected stocks of 
                fish and provides a timetable for periodic review of 
                the continued need for the closed area at least once 
                every three years;
                    ``(C) the closed area is no larger than that which 
                is supported by the best available scientific 
                information; or
                    ``(D) provision is made to reopen the closed area 
                to recreational fishing whenever the condition in 
                subparagraph (A), (B), or (C) that was the basis of the 
                closure no longer exists.''.

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.--The Secretary shall provide the 
appropriate Regional Fishery Management Council with the opportunity to 
propose, and revise from time to time, all regulations applicable to 
fishing within designated marine sanctuaries according to the standards 
and procedures of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et. seq.). The regulations, upon 
approval by the Secretary, shall apply within the exclusive economic 
zone, and may be applied within the boundaries of a State, with the 
approval of the Governor of the State, or pursuant to the authority of 
the Secretary under section 306(b) of that Act (16 U.S.C. 1856(b).''.
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