Home > 106th Congressional Bills > S. 3235 (is) To amend the Internal Revenue Code of 1986 to provide for a deferral of tax on gain from the sale of telecommunications businesses in specific circumstances or a tax credit and other incentives to promote diversity of ownership in telecommuni...S. 3235 (is) To amend the Internal Revenue Code of 1986 to provide for a deferral of tax on gain from the sale of telecommunications businesses in specific circumstances or a tax credit and other incentives to promote diversity of ownership in telecommuni...
106th CONGRESS
2d Session
S. 3234
To protect the public's ability to fish for sport, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25 (legislative day, September 22), 2000
Mr. Breaux (for himself and Mrs. Hutchison) 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.
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 substantial contributions 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. 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 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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