[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3672 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3672
To support healthy fisheries in dynamic ocean conditions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2024
Mr. Blumenthal (for himself, Mr. Murphy, and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To support healthy fisheries in dynamic ocean conditions, 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 Act may be cited as the ``Supporting Healthy Interstate
Fisheries in Transition Act'' or the ``SHIFT Act''.
SEC. 2. SHIFTING STOCKS.
Section 805(a) of the Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5104(a)) is amended by adding at the end the
following:
``(3) The Secretary shall encourage the Commission to include
climate change impact data in its coastal fishery management plans or
plan amendments, and when establishing or revising quota allocations
between any State, Federal, or other management unit in such a plan or
amendment, the Secretary shall account for, using the best scientific
information available, any climate change impact on coastal fishery
resources, including--
``(A) any change or shifting trend in fish abundance and
distribution; and
``(B) any potential ecological impact, including food web
and habitat impacts, arising from such revised quota
allocations.''.
SEC. 3. ACTION BY THE SECRETARY.
Section 304(f) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``as provided in paragraph (3)''
and inserting ``as provided in paragraph (2)''; and
(B) by striking ``No jointly prepared plan'' and
all that follows through ``each Council concerned.'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2)(A) At the request of a Council in accordance with
procedures established by the Secretary, the Secretary shall
determine whether a substantial portion of a fishery extends
beyond the geographical area of authority of any one Council.
``(B) If the Secretary determines under subparagraph (A)
that a substantial portion of a fishery extends beyond the
geographical area of authority of any one Council--
``(i) the Secretary shall, not later than 6 months
after the date on which the request is made under
subparagraph (A), notify the Councils concerned; and
``(ii) each of the Councils concerned shall, not
later than 1 year after the date on which the
notification is made under clause (i), by a majority of
the voting members, present and voting--
``(I) designate one of the Councils
concerned to prepare a fishery management plan
for such fishery, or any necessary amendment to
such a plan, if the fishery requires
conservation and management under this Act; or
``(II) agree to jointly prepare a fishery
management plan for such fishery, or any
necessary amendment to such a plan, if the
fishery requires conservation and management
under this Act.
``(C) In the case that the Councils concerned are unable to
meet the requirements of subparagraph (B)(ii) within the time
period specified in such subparagraph, or if their
recommendations do not agree, the Secretary shall--
``(i) designate one of the Councils concerned to
prepare a fishery management plan for such fishery, or
any necessary amendment to such a plan, if the fishery
requires conservation and management under this Act; or
``(ii) require that such a plan or any necessary
amendment be prepared jointly by the Councils
concerned, if the fishery requires conservation and
management under this Act.
``(D) Not later than 2 years after the date on which the
last of the Councils concerned makes a decision pursuant to
subparagraph (B)(ii) or the date on which the Secretary makes a
decision pursuant to subparagraph (C), and at such other times
as required under this Act, the Council or Councils designated
under subparagraph (B)(ii) or (C) (as applicable) shall prepare
and submit a fishery management plan, or any necessary
amendment to such a plan, if the fishery requires conservation
and management under this Act.
``(E)(i) At the request of a Council in accordance with the
procedures established under subparagraph (A), the Secretary
shall determine whether a fishery described in subparagraph (B)
no longer has a substantial portion that extends beyond the
geographical area of authority of any one Council.
``(ii) If the Secretary determines under clause (i) that a
fishery no longer has a substantial portion that extends beyond
the geographical area of authority of any one Council--
``(I) the Secretary shall determine in which
Council's geographical area of authority the fishery is
predominant; and
``(II) not later than 2 years after the date on
which the determination under subclause (I) is made,
and at such other times as required under this Act, the
Council determined under such subclause shall prepare
and submit a fishery management plan, or any necessary
amendment to such a plan, if the fishery requires
conservation and management under this Act.
``(iii) Notwithstanding subsection (h), on the date of
implementation of a fishery management plan under clause
(ii)(II), any preceding fishery management plan with respect to
such fishery is repealed.
``(F) The Secretary shall, through notice and comment
rulemaking, identify its criteria in determining under
subparagraphs (B) and (E) whether a substantial portion of a
fishery extends beyond the geographical area of authority of
any one Council.''; and
(4) by adding at the end the following:
``(4) No jointly prepared plan or amendment, as described
in paragraph (1)(B), (2)(B)(ii)(II), or (2)(C)(ii) may be
submitted to the Secretary unless it is approved by a majority
of the voting members, present and voting, of each Council
concerned.
``(5) This subsection shall not apply with respect to any
fishery to which section 302(a)(3) applies.
``(6) Nothing in this subsection shall be construed as
modifying or superseding subsection (e), section 302(h)(1), or
any other provision of this Act.''.
SEC. 4. FISHERY AUTHORIZATION.
Section 305(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(a)) is amended--
(1) in paragraph (2), by striking ``as to require
notification under paragraph (3)'' and inserting ``under this
subsection'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) The Secretary may add a new fishery or fishing gear for
inclusion on the list under this subsection only after the Secretary
determines that a sufficient analysis, in accordance with the guidance
under paragraph (7), has been conducted by an appropriate Council, and
the analysis concludes the potential new fishery or fishing gear will
have minimal adverse effects (as defined in section 600.810(a) of title
50, Code of Federal Regulations (or successor regulations)) on
essential fish habitat, existing fisheries, fishing communities, and
the marine ecosystem.
``(4)(A) Not later than 18 months after the date of enactment of
the Supporting Healthy Interstate Fisheries in Transition Act, and at
least once every 5 years thereafter, each Council shall review the
fisheries and gear on the list under this subsection that are under its
authority and submit to the Secretary proposed changes to such list, if
needed, in specific and narrow terms, including geographic range. Such
proposed changes may include recommending new fisheries or gear or
removal of fisheries or gear and shall be accompanied by information on
the effects of new fisheries or gear or removal of fisheries or gear on
essential fish habitat, existing fisheries, fishing communities, and
the marine ecosystems, for the Secretary to review under paragraph (3).
``(B) As soon as practicable after receiving a proposed change
under subparagraph (A) to add a new fishery or gear to the list under
this subsection, the Secretary shall make a determination under
paragraph (3). If the Secretary determines that the proposed change is
consistent with such paragraph, this Act, and other applicable law, the
Secretary shall publish a proposed list under this subsection to
include such fishery or gear, along with the appropriate Council's
analysis and the Secretary's determination of sufficiency of the
analysis consistent with paragraph (3), and provide an opportunity for
public comment before publishing the final, revised list.
``(C) As soon as practicable after publication of a final, revised
list under this subsection in accordance with subparagraph (B), the
appropriate Council shall, in accordance with section 303, prepare a
fishery management plan or a plan amendment, if such fishery requires
conservation and management under this Act, and the Secretary has
approved and implemented such plan or amendment. Nothing in the
preceding sentence shall affect the authority to operate under a permit
issued under section 318(d).
``(D) No person or vessel may employ fishing gear or engage in
fisheries that are not listed under this subsection without prior
written notice to the Council. Upon receiving notice pursuant to the
preceding sentence, the Council shall make a determination to either
prohibit the person or vessel to employ the fishing gear or engage in
the fishery that is not listed or make a recommendation to the
Secretary to add the fishery or fishing gear for inclusion on the list
under this subsection in accordance with the requirements under this
subsection.''; and
(3) by adding at the end the following:
``(7) The Secretary shall issue guidance for making a determination
under paragraph (3).
``(8) Nothing in this subsection shall restrict the issuance of or
requirements for the experimental permitting process under section
318(d), the cooperative research and management program under section
318, the bycatch reduction engineering program under section 316, or
other research or data collection activities authorized under this
Act.''.
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