[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9821 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9821
To improve the management of forage fish.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mrs. Dingell (for herself and Mr. Mast) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To improve the management of forage fish.
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 ``Forage Fish Conservation Act of
2024''.
SEC. 2. FINDINGS.
Section 2(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801(a)) is amended by adding at the end the
following:
``(14) Forage fish are generally small to intermediate-
sized species, occurring in schools or dense aggregations, and
function as a main pathway for energy to flow from phyto- and
zooplankton to higher trophic level predators, including tuna,
Alaska pollock, and other wildlife, in marine ecosystems. While
most species function as prey of others at some life stage,
especially when small and young, forage fish maintain this
important trophic role throughout their life. Further,
fluctuations in their populations can result in significant
changes in marine communities and ecosystems. Therefore,
particular attention to management of forage fish species, and
addressing their unique role in marine ecosystems, is critical
to maintaining ecosystem function and sustainable fisheries.''.
SEC. 3. DEFINITIONS.
(a) Secretary To Define Forage Fish.--Section 305 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1855) is
amended by adding at the end the following:
``(l) Forage Fish.--Not later than 12 months after the date of the
enactment of the Forage Fish Conservation Act of 2024, the Secretary,
with advice from the Councils, shall issue a definition of the term
`forage fish' for the purposes of this Act, giving due consideration to
definitions of `forage fish' included in approved fishery management
plans. In defining such term, the Secretary shall consider factors
including whether a species covered by such definition, throughout the
lifecycle of such species--
``(1) is at a low trophic level;
``(2) is generally small- to intermediate-sized;
``(3) occurs in schools or other dense aggregations;
``(4) contributes significantly to the diets of other fish,
marine mammals, or birds; and
``(5) serves as a conduit for energy transfer to species at
a higher trophic level.''.
(b) Definitions.--Section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802) is amended--
(1) by redesignating the second paragraph (33) as paragraph
(53);
(2) by redesignating paragraphs (28) through (50) as
paragraphs (30) through (52), respectively;
(3) by redesignating paragraphs (19) through (27) as
paragraphs (20) through (28), respectively;
(4) by inserting after paragraph (18) the following:
``(19) The term `forage fish'--
``(A) has the meaning given the term by the
Secretary under section 305(l); and
``(B) with respect to a species in a fishery
managed pursuant to a fishery management plan or plan
amendment that is approved by the Secretary, in
coordination with the Councils, under section 304(a),
means any species identified in such plan as a forage
fish.''; and
(5) by inserting after paragraph (28), as so redesignated
by paragraph (3) of this section, the following:
``(29) The term `low trophic level' means a position in the
marine food web in which the fish generally consume
plankton.''.
SEC. 4. SCIENTIFIC ADVICE.
Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(g)(1)(B)) is amended to read as
follows:
``(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for--
``(i) acceptable biological catch;
``(ii) preventing overfishing;
``(iii) maximum sustainable yield;
``(iv) achieving rebuilding targets;
``(v) maintaining a sufficient abundance,
diversity, and localized distribution of forage fish
populations to support their role in marine ecosystems;
and
``(vi) reports on stock status and health, bycatch,
habitat status, social and economic impacts of
management measures, and sustainability of fishing
practices.''.
SEC. 5. COUNCIL FUNCTIONS.
(a) Research Priorities.--Section 302(h)(7) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(h)(7)) is
amended, in the matter preceding subparagraph (A), by inserting
``forage fish populations and distribution,'' after ``habitats,''.
(b) Unmanaged Forage Fish.--Section 302(h) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(h)) is
amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following:
``(9) develop a list of unmanaged forage fish occurring in
the area under its authority and recommend within fishery
management plans the prohibition of the development of any new
directed forage fish fishery until the Council has--
``(A) considered the best scientific information
available and evaluated the potential impacts of forage
fish harvest on existing fisheries, fishing
communities, and the marine ecosystem;
``(B) determined whether conservation and
management of the forage fish fishery is needed;
``(C) if a determination is made that conservation
and management is needed, prepared and submitted to the
Secretary a fishery management plan or amendment
consistent with section 303; and
``(D) received final, approved regulations from the
Secretary pursuant to section 304(b)(3); and''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 2 years after the date of the enactment of this Act.
SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS.
(a) Forage Fish Management.--Section 303(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is
amended--
(1) in paragraph (14), by striking ``and;'' and inserting a
semicolon;
(2) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(16) when setting annual catch limits for forage fish
fisheries, assess and specify such limits by the diet needs of
fish species and other marine wildlife, such as marine mammals
and birds, for which forage fish is a significant part of their
diet.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 5 years after the date of the enactment of this Act.
SEC. 7. ACTION BY SECRETARY OF COMMERCE.
Section 304 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854) is amended--
(1) by redesignating the second subsection (i) as
subsection (j); and
(2) by adding at the end the following:
``(k) Forage Fish Management Guidelines.--
``(1) In general.--Not later than 18 months after the date
of the enactment of the Forage Fish Conservation Act of 2024,
the Secretary, in coordination with the Councils, shall
establish by regulation guidelines to assist the Councils in
implementing sections 3(19), 302(h)(9), and 303(a)(16).
``(2) Workshops.--In developing the guidelines under
paragraph (1), the Secretary shall conduct workshops with
Councils and other scientific, fisheries, and conservation
interests.''.
SEC. 8. RIVER HERRING AND SHAD.
(a) Definitions.--In this section:
(1) River herring.--The term ``river herring'' means
blueback herring (Alosa aestivalis) and alewife (Alosa
pseudoharengus).
(2) Shad.--The term ``shad'' means American shad (Alosa
sapidissima) and hickory shad (Alosa mediocris).
(b) Amendments of Plans.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce shall--
(1) amend the fishery management plans for the Atlantic
Herring and Atlantic Mackerel, Squid, and Butterfish fisheries
for the New England and Mid-Atlantic Regions to add shad and
river herring as managed stocks in such plans consistent with
section 302(h)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(h)(1));
(2) initiate additional fishery management plan amendments
to be completed in not more than 1 year from the date of the
addition of the species identified in paragraph (1) in order to
develop and implement all required conservation and management
measures for such stocks consistent with the Magnuson-Stevens
Fisheries Conservation and Management Act (16 U.S.C. 1801 et
seq.) and all other applicable law; and
(3) notwithstanding any other law, rule, or fishery
management plan provision, including conservation and
management measures under section 303(a)(11) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1853(a)(11)), reallocate existing resources to provide, for not
less than 50 percent of all relevant fishing trips, not fewer
than 1 at-sea observer or an on-board electronic or video means
of producing equivalent at-sea monitoring information, for any
vessel using mid-water trawl or paired mid-water trawl fishing
gear in the Atlantic herring and Atlantic mackerel fisheries.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act may be construed as--
(1) extending or diminishing the jurisdiction or authority
of any State within its boundaries; or
(2) affecting--
(A) section 306 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1856); or
(B) the Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5101 et seq.).
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