FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS.

SEC. 105. FISHERY MANAGEMENT PLAN DISCRETIONARY PROVISIONS. Section 303(b) (16 U.S.C. 1853(b)) is amended—(1) by inserting “(A)” after “(2)” in paragraph (2);(2) by inserting after paragraph (2) the following:“(B) designate such zones in areas where deep sea corals are identified under section 408, to protect deep sea corals from physical damage from fishing gear or to prevent loss or damage to such fishing gear from interactions with deep sea corals, after considering long-term sustainable uses of fishery resources in such areas; and“(C) with respect to any closure of an area under this Act that prohibits all fishing, ensure that such closure—“(i) is based on the best scientific information available;“(ii) includes criteria to assess the conservation benefit of the closed area;“(iii) establishes a timetable for review of the closed area’s performance that is consistent with the purposes of the closed area; and“(iv) is based on an assessment of the benefits and impacts of the closure, including its size, in relation to other management measures (either alone or in combination with such measures), including the benefits and impacts of limiting access to: users of the area, overall fishing activity, fishery science, and fishery and marine conservation;”;(3) by striking “fishery;” in paragraph (5) and inserting “fishery and take into account the different circumstances affecting fisheries from different States and ports, including distances to fishing grounds and proximity to time and area closures;”;(4) by striking paragraph (6) and inserting the following:“(6) establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account—“(A) present participation in the fishery;“(B) historical fishing practices in, and dependence on, the fishery;“(C) the economics of the fishery;“(D) the capability of fishing vessels used in the fishery to engage in other fisheries;“(E) the cultural and social framework relevant to the fishery and any affected fishing communities;“(F) the fair and equitable distribution of access privileges in the fishery; and“(G) any other relevant considerations;”;(5) by striking “(other than economic data)” in paragraph (7);(6) by striking “and” after the semicolon in paragraph (11); and120 STAT. 3586(7) by redesignating paragraph (12) as paragraph (14) and inserting after paragraph (11) the following:“(12) include management measures in the plan to conserve target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and”.