CLARIFICATION OF FLEXIBILITY.

SEC. 120. CLARIFICATION OF FLEXIBILITY.(a) In General.—The Secretary of Commerce has the discretion under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) to extend the time for rebuilding the summer flounder fishery to not later than January 1, 2013, only if—(1) the Secretary has determined that—(A) overfishing is not occurring in the fishery and that a mechanism is in place to ensure overfishing does not occur in the fishery; and (B) stock biomass levels are increasing;120 STAT. 3608(2) the biomass rebuilding target previously applicable to such stock will be met or exceeded within the new time for rebuilding;(3) the extension period is based on the status and biology of the stock and the rate of rebuilding;(4) monitoring will ensure rebuilding continues;(5) the extension meets the requirements of section 301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and(6) the best scientific information available shows that the extension will allow continued rebuilding.(b) Authority.—Nothing in this section shall be construed to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter the authority of the Secretary under that Act concerning other species.