Sec. 106. Emerging fisheries
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Section 305(a) ( 16 U.S.C. 1855(a) ) is amended— in the subsection heading, by striking and inserting notification of entry ; development of new fisheries in paragraph
(1)to read as follows: The Secretary shall publish in the Federal Register, subject to paragraph (3), and after notice and an opportunity for public comment— a list of all fisheries managed under this Act, organized by Federal region (or Secretarial management under section 302(a)(3), as applicable); and with respect to each such fishery— the types of fishing gear authorized for use in such fishery; the jurisdiction (State, Federal, interstate, or otherwise) exercising management authority over such fishery; whether a fishery management plan or analogous management structure exists for the fishery; and the species authorized to be caught and retained in such fishery. ; in paragraph (2), by striking determining and all that follows through the end of the paragraph and inserting determining— when a fishery is sufficiently different from those listed as to constitute a new fishery; and minimum criteria for a fishery to be considered managed under paragraph (1)(A), which, for federally managed fisheries, must include having a fishery management plan and associated regulations under this Act. ; by redesignating paragraph
(6)as paragraph (7); and by striking paragraphs (3), (4), and
(5)and inserting the following: Not later than 2 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2024 , and at least once every 5 years thereafter, each Council (or the Secretary for fisheries to which section 302(a)(3) applies) shall review the fisheries for which the Council is responsible on the list published under paragraph (1)(A) and submit to the Secretary proposed changes to such list in specific and narrow terms, including geographic range, to ensure that only managed fisheries are included on such list. The Secretary shall review proposed changes pursuant to the guidelines established under paragraph
(2)and publish a revised list, after notice and an opportunity for public comment. The Secretary may permit, pursuant to section 318(d), on a limited interim basis, fishing activity that is not included on the list, if— the experimental fishing permit is designed and implemented so as to yield information necessary and currently lacking for the development of a fishery management plan or amendment to such plan under section 302(h)(1) and section 303; the Secretary collects, evaluates, and, notwithstanding section 402(b), makes public the data generated by the experimental fishing activity at the end of each permit year, and based on such evaluation, the Council renders a determination of whether the fishing activity should be continued, either in the form of a subsequent year of experimental fishing under this paragraph, or in the form of a fishery managed under a fishery management plan pursuant to section 302(h)(1) and section 303; and the data collected from, and the evaluation of the Secretary of, the fishing activity are included in any fishery management plan or amendment that is prepared for management of the fishing activity. No person or vessel may employ fishing gear or engage in a fishery not included on the list except as provided in paragraph (4). A Council may request the Secretary to promulgate emergency regulations under subsection
(c)to prohibit any persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery. .
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Sec. 106
Emerging fisheries
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