Sec. 105. Managing shifting stocks
680 words·~3 min read·
/bill/117/hr/4690/rh/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 304(f) ( 16 U.S.C. 1854(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 federally managed 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 making such determination— 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 designate 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 Secretary makes a designation under paragraph (2), the Council or Councils concerned shall prepare and submit a fishery management plan or amendment 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 subclause
(I)is made, and at such other times as required under this Act, the Council determined under such subclause shall adopt any existing 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. Notwithstanding subsection (h), upon the date of adoption of a fishery management plan under clause (i)(II), any preceding fishery management plan with respect to such fishery is repealed. 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, in coordination with the Secretary of State where necessary, shall develop a strategy for coordinated research and management with other relevant nations with which the United States shares stocks of fish that are currently experiencing or are expected to experience shifts in geographic range or spatial distribution that spans 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 experiencing or are expected to experience 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 and the relevant regional fisheries management organization or other international organizations or agreement with authority over the management of each fishery or fish stock; an analysis of priority research needs for each of these fisheries or stocks of fisheries that should be coordinated with other affected nations and relevant international management organizations; and a 5-year strategy to undertake and complete such research, including a proposed budget and timeline for that work.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 105
Managing shifting stocks
Cites 1Cited by 0 across 0 sources