Freedom to Fish Act

Summary

Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas where recreational fishing is prohibited unless: (1) there is clear indication that such fishing in the area is the cause of a specific conservation problem in the fishery; (2) no alternative conservation measures related to recreational fishing will adequately provide for conservation and management of the fishery; (3) the plan provides criteria to assess whether the prohibition provides fishery conservation benefits and requires plan periodic review; (4) the best available scientific information supports the need to close the area to recreational fishing; and (5) the prohibition is terminated as soon as the condition causing the prohibition no longer exists. Amends the National Marine Sanctuaries Act to direct the Secretary to provide the appropriate Council with the opportunity to revise draft regulations for fishing within the exclusive economic zone as the Council may deem necessary to implement the proposed designation of a national marine sanctuary. Allows such draft regulations to regulate a fishery within a State if: (1) the governor of the State approves the regulations; or (2) the Secretary determines, after notice and opportunity for a hearing, that the State has taken, or failed to take, any action the results of which will substantially and adversely affect the fulfillment of the purposes of such Act and the goals and objectives of the proposed sanctuary designation.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 26 March 2004

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 26 March 2004

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• Introduced in Senate

  summary · EN · 26 March 2004

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