Sec. 105. Managing shifting stocks
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Section 304(f) ( 16 U.S.C. 1855(f) ) is amended to read as follows: The Secretary shall review the geographical area of authority of each Council in order to determine if a substantial portion of any fishery within such area is within the area of authority of another council— upon request of such Council; or not less frequently than every 5 years. If the Secretary determines under paragraph
(1)that a substantial portion of a fishery is located in the geographical area of authority of more than one Council, the Secretary shall— not later than 6 months after the date of the determination under paragraph (1), notify the Councils concerned; and require, not later than 1 year after the date on which the notification is made under subparagraph (A), that each of the Councils concerned, by a majority of the voting members present and voting— designate one of the Councils concerned to prepare the fishery management plan for such fishery and any amendment to such plan, if required under this Act; or agree to jointly prepare the fishery management plan for such fishery and any amendment to such plan, if required under this Act. If the Councils concerned are unable to meet the requirements of paragraph (2)(B) within the relevant time period, the Secretary shall— designate one of the Councils concerned to prepare the fishery management plan and any amendment to such plan, if required under this Act; or require that such plan and any such amendment, if required under this Act, be prepared jointly by the Councils concerned. Not later than 2 years after the date on which the Councils concerned make a decision pursuant to paragraph (2)(B)(ii), or the date on which the Secretary makes a decision pursuant to paragraph (3), and at such other times as required under this Act, the Council required under paragraph (2)(B) or
(3)(as applicable) to prepare the fishery management plan or any such plan amendment, if required under this Act, shall prepare and submit such plan or amendment (with implementing regulations as needed) in accordance with this Act. At the request of a Council or as a result of the review pursuant to paragraph (1), the Secretary shall determine whether a fishery described in paragraph
(2)no longer has a substantial portion located in the geographical area of authority of more than one Council. If the Secretary determines under subparagraph
(A)that a fishery no longer has a substantial portion located in the geographical area of authority of more than one Council— the Secretary shall determine which Council has predominant geographic authority over the fishery; and not later than 2 years after the date on which the determination under clause
(i)is made, and at such other times as required under this Act, the Council determined under such clause shall directly and individually adopt any previously existing joint fishery management plan for the fishery, and shall prepare and submit any plan amendments necessary for transitioning to single-Council management as well as for any other purposes, in accordance with the provisions of this Act. The Secretary shall, by regulation, identify criteria for determining under paragraphs
(1)and
(5)whether a substantial portion of a fishery is located in the geographical area of authority of more than one Council. The Secretary shall establish the boundaries between the geographic areas of authority of adjacent Councils. No jointly prepared plan or amendment required to be prepared under this subsection may be submitted to the Secretary unless such plan or amendment is approved by a majority of the voting members, present and voting, of each Council concerned. This subsection shall not apply with respect to any fishery to which section 302(a)(3) applies. . The Secretary of Commerce, in coordination with the Secretary of State and Administrator of the Agency for International Development where necessary, shall develop a strategy for coordinated research and management with other relevant nations with which the United States shares a fishery or stock of a fishery that currently or is expected to see shifts in geographic range or spatial distribution that does or will span international boundaries, including within the same life stage or across life stages. Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Congress a report that includes— a list of fisheries that are currently or expected to see shifts in geographic range or spatial distribution that spans or will span international boundaries and the relevant countries for each fishery or stock of a fishery’s current or expected range; an analysis of priority research needs for each of these fisheries or stocks of fisheries that should be coordinated with other affected nations; a 5-year strategy to undertake and complete such research, including a proposed budget and timeline for that work; and a 10-year strategy to implement coordinated management measures that reflect the needs for each fishery or stock of a fishery as determined by the research conducted under subparagraph (C).
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Sec. 105
Managing shifting stocks
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