[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3672 Introduced in Senate (IS)]

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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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