Sec. 508. Forage fish conservation
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Section 305 ( 16 U.S.C. 1855 ) is further amended by adding after subsection (l), as added by this Act, the following: Not later than 12 months after the date of enactment of the Sustaining America’s Fisheries for the Future Act of 2022 , the Secretary shall establish by regulation, in consultation with the Regional Fishery Management Councils, a definition of the term forage fish for the purposes of this Act. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species’ lifecycle— is at a low trophic level; is generally small- to intermediate-sized; occurs in schools or other dense aggregations; contributes significantly to the diets of other fish, marine mammals, or birds; and serves as a conduit for energy transfer to species at a higher trophic level. .
Section 3 ( 16 U.S.C. 1802 ) is further amended— by inserting after paragraph
(18)the following: The term forage fish — has the meaning given the term by the Secretary under section 305(m); and with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary under section 304(a), means any species identified in such plan as a forage fish. ; and in paragraph (33)— in subparagraph (B), by striking and ; in subparagraph (C), by striking the period and inserting ; and ; and by adding at the end the following: in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component. . Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) ) is further amended— in clause (ii), as added by this Act, by striking and ; in clause (iii), as added by this Act, by striking the period at the end and inserting ; and ; and by adding at the end the following: maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support the role of such populations in marine ecosystems. . Section 302(h)(7) ( 16 U.S.C. 1852(h)(7) ) is further amended by inserting forage fish populations and distribution, after habitats, . Section 302(h) ( 16 U.S.C. 1852(h) ) is further amended by inserting after paragraph (11), as redesignated, the following: develop and submit to the Secretary for approval a list of unmanaged forage fish occurring in the area under its authority for which the development of any new directed forage fish fishery is prohibited until the Council has— considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem; determined whether conservation and management of the forage fish fishery is needed; 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 received final, approved regulations from the Secretary pursuant to section 304(b)(3); and . The amendments made by this subsection shall take effect 2 years after the date of enactment of this Act. Section 303(a) ( 16 U.S.C. 1853(a) ) is further amended by adding at the end the following: when setting annual catch limits for forage fish fisheries, assess, specify, and reduce 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. . The amendment made by subsection
(a)shall take effect 5 years after the date of enactment of this Act. Section 304 ( 16 U.S.C. 1854 ) is further amended by adding at the end the following: Not later than 18 months after the date of enactment of the Sustaining America’s Fisheries for the Future Act of 2022 , the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 302(h)(12) and 303(a)(18). In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests. In accordance with section 302(h)(12), the Secretary shall prohibit the development of any new directed forage fish fishery. . In this section— The term river herring means blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). The term shad means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall— 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) ); initiate additional fishery management plan amendments to be completed in not more than one 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 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 ensure accurate and precise catch accounting on an ongoing basis within any fishery using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries through the use of human or electronic on-board observation. Nothing in this section shall be construed as— extending or diminishing the jurisdiction or authority of any State within its boundaries; or affecting— section 306 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1856 ); or the Atlantic Coastal Fisheries Cooperative Management Act ( 16 U.S.C. 5107 et seq. ).
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Sec. 508
Forage fish conservation
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