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Code · BILL · 116th Congress · S. 5056 (Introduced in Senate) — To require the Administrator of the National Oceanic and Atmospheric Administration to provide for ocean-based climat... · Sec. 206

Sec. 206. Shifting Stocks Task Force

721 words·~3 min read·/bill/116/s/5056/is/section-206

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The Administrator shall establish, not later than 120 days after the date of enactment of this Act, a task force to be known as the Shifting Stocks Task Force consisting of 10 members, including 1 member recommended by each of 8 Regional Fishery Management Councils and the Highly Migratory Species Advisory Panel and the Administrator or their designee. Except as provided by paragraph (2), terms of appointed members of the Shifting Stocks Task Force shall be staggered, shall be 2 years in duration, and no member shall serve more than 3 terms.
Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. Members appointed to the Shifting Stocks Task Force shall be Federal employees, State employees, Tribal and Indigenous representatives, academics, or independent experts, shall have strong scientific or technical credentials and experience, and shall not include members of the Regional Fishery Management Councils.
Each member of the Shifting Stocks Task Force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. The chairperson of the Shifting Stocks Task Force shall be elected by the members. The Shifting Stocks Task Force shall meet not less than 4 times annually. Upon request of the Shifting Stocks Task Force, the Administrator may detail on a reimbursable basis personnel to the Shifting Stocks Task Force to assist such Task Force.
Not later than 1 year after the date of enactment of this Act, the Shifting Stocks Task Force shall develop, in consultation with the Administrator and the Regional Fishery Management Councils, science-based decision-making criteria to make jurisdiction, allocation, and fishery management decisions that minimize the risk of overfishing and maximize stock and ecosystem resilience to the effects of climate change, are consistent with the national standards, the other provisions of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.), regulations implementing recommendations by international organizations in which the United States participates (including but not limited to closed areas, quotas, and size limits), and any other applicable law.
The Shifting Stocks Task Force shall make recommendations to the Administrator and to the Regional Fishery Management Councils recommendations for the allocation and distribution of fishing privileges based on the criteria developed under subsection (e). Any member of the public may submit a petition to request the review of potentially shifting stock. In order to be eligible for consideration, a petition shall include sufficiently descriptive information regarding the stock or stocks in question, the jurisdiction or allocation concerns, and any other relevant information.
Upon receipt of a petition under subsection (g), the Shifting Stocks Task Force shall, not later than 60 days after the date of such receipt, determine by majority vote whether the petition contains sufficient information to show that a substantial shift in the distribution of a stock has occurred. If the Shifting Stocks Task Force makes a determination under paragraph
(1)that a petition contains sufficient information, the Shifting Stocks Task Force shall review such petition. Such review shall include— a public hearing in the affected region; and a public notice and comment period of not less than 90 days. Upon completion of a review under paragraph (2), the Shifting Stocks Task Force shall— determine which Regional Fishery Management Council’s or Councils’ geographic area of authority the fishery is located in; and submit to the Administrator, each affected Regional Fishery Management Council, and the petitioner written recommendations for allocation and distribution of fishing privileges within the fishery. Upon receipt of a recommendation from the Shifting Stocks Task Force under paragraph (3), the Administrator shall— begin consultation with the affected Regional Fishery Management Council regarding necessary changes to fishery management plans; and not later than 180 days after the date of receipt of the Shifting Stocks Task Force’s recommendation, ensure that a compliant fishery management plan that fully accounts for the best available science on shifting stocks and the recommendations of the Shifting Stocks Task Force is created, published, and implemented. The Shifting Stocks Task Force shall publish on the internet each petition received under this section, the determination as made under paragraph (1), and any written recommendations produced under paragraph (3).
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Sec. 206
Shifting Stocks Task Force
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